Electric vehicles (EVs) have become more prevalent on our Florida roads, most notably the Tesla. In addition to its electrically powered motor, the Tesla comes with an advanced self-driving feature conveniently named Autopilot. This highly sophisticated system relies on a network of cameras, sensors, and processors. And as advanced as the system is, it is not fully autonomous driving. When Autopilot fails or the driver is negligent, accidents are inevitable, but can you file a lawsuit in Florida?
Below, our Tesla self-driving accident lawyers in Florida discuss the basics of our state’s no-fault insurance system, Tesla’s self-driving features, and personal injury and product liability lawsuits. If you have been in an accident while a Tesla driver was using Autopilot, aFlorida car accident lawyer near you may be able to help.
What You Should Know About Florida’s No-Fault Auto Insurance System
Part of the requirements to legally drive on Florida’s roads is maintaining a personal injury protection (PIP) policy, perFlorida Statutes § 627.736. YourPIP insurance coverage provides for the following benefits:
- Medical benefits: 80% of your necessary medical expenses
- Disability benefits: 60% of your lost wages or earning capacity
- Death benefits: $5,000 for loss of a loved one
Under PIP, you would file a car accident claim with your insurer first. It’s available regardless of fault. However, you may not seek non-economic damages, and benefits are up to the policy limits, with a minimum required coverage of $10,000.
And most importantly, you are barred from filing a Tesla self-driving system lawsuit under PIP.
When Florida Law Allows You to File a Lawsuit After a Car Accident
There is an exception, though. UnderFlorida Statutes § 627.737, you may step outside of the limitations of your PIP coverage and seek full compensation through a lawsuit. To do so, you must meet the serious injury threshold.
Florida law defines serious injury as any of the following conditions:
- Significant or permanent loss of a bodily function
- Permanent injury
- Significant scarring or disfigurement
The statute also recognizes any injury that results in the death of the victim. Under these conditions, it may be possible to file a Tesla Autopilot malfunction lawsuit. You could then seek such damages as:
- Pain and suffering
- Medical costs exceeding PIP limits
- Lost income and reduced earning capacity
- Property damage
Your family may also seekwrongful death damages, such as loss of companionship, guidance, and support, as well as funeral costs.
Autopilot, Full Self-Driving, and Liability
It is a common misconception that Tesla’s Autopilot is a fully autonomous feature. It is not. According to theSociety of Automotive Engineers (SAE) International Standards, the system is classified as level two. Fully autonomous vehicles are level five.
Tesla offers two different advanced driver-assistance technology systems:
- Autopilot: Aids in steering, speed, and braking
- Full Self-Driving (FSD): A paid upgrade that provides city street navigation
Tesla clearly states that both systems still require a “fully attentive driver.”
This stance doesnot excuse Tesla from any liability. If their Autopilot or any component of their vehicle failed to perform as intended, they can still be held liable under Florida product liability law. A Tesla Autopilot failure attorney in Florida can investigate your accident and determine who is liable, seeking maximum compensation for your injuries and losses.
Common Tesla Self-Driving System Failures
In most cases, the car accident is due to the driver’s error. Whether speeding, distracted driving, or impaired driving, the driver who caused the accident is responsible for covering your damages.
However, when the self-driving technology fails, Tesla could share that liability. Our Tesla self-driving system failure attorneys have seen the following types of accidents that have justified a product liability lawsuit:
- Phantom braking
- Failure to detect stopped vehicles orpedestrians
- Improper lane changes or navigation errors
- Software malfunctions or faulty updates
OurFlorida product liability lawyers can help if you have suffered injuries due to these autopilot system failures.
Who Can Be Held Liable in a Florida Tesla Self-Driving Lawsuit
As stated above, the at-fault driver is often the liable party for your injuries, but there are other parties that your self-driving car accident lawyer in Florida would examine to see if they too contributed to your accident. These other parties may include:
- Tesla is a vehicle and software manufacturer
- Third-party component or software providers
- Other drivers, when applicable
- Government entities, due to road design or signage issues
UnderFlorida Statutes § 768.81, each party who contributed to the accident would be assigned a degree of fault, and any party injured who is seeking compensation would have their compensation reduced by their degree of fault. Furthermore, any party whose degree of fault was greater than 50% would be barred from collecting any compensation.
Your Tesla Autopilot crash lawyer in Florida can protect you from insurance companies that may try to place a greater degree of fault on you to reduce or deny your car accident claim.
Evidence Needed to Prove a Tesla Self-Driving Failure
To sue Tesla for an Autopilot crash, you will need to gather such evidence as:
- Tesla vehicle data and event logs
- Dashcam and third-party video footage
- Software update records
- Police reports
- Medical records
- Expert testimony and crash reconstruction
A Tesla crash lawyer near you has the resources to investigate your crash and gather this evidence, but you must contact them as soon as possible. UnderFlorida Statutes § 95.11, your time is limited. Personal injury and wrongful death lawsuits must be initiated within two years of the accident or the passing of your loved one, respectively. Product liability lawsuits have a four-year statute of limitations, but evidence can disappear quickly, especially vehicle crash data that could be overwritten within days.
Call the Law Offices of Wolf & Pravato Regarding Your Tesla Self-Driving Accident Today
At the Law Offices of Wolf & Pravato, we provide free consultations and contingency-based legal representation. You pay nothing unless we win.
Call (844) 643-7200 today to get started.