Lane departure warning (LDW) systems are designed to save lives and prevent potential collisions by warning drivers when they drift into other lanes, usually through sound, lights, or vibrations. However, accidents can happen when drivers overreact to the alerts, rely on them more than their own senses, or if the system malfunctions.
If you were involved in an accident where your vehicle malfunctioned or another driver’s LDW system did, then you may be wondering what your legal rights are. In this article, we’ll help you understand LDW errors and your legal options. A car accident attorney in Fort Lauderdale can help if you’re ready to pursue a personal injury claim.
Understanding Lane Departure Warning (LDW) Errors and Their Risks
Lane departure warning (LDW) systems are a type of advanced driver assistance system (ADAS) that is common in many modern vehicles. They use a strategically mounted camera, and in some cases infrared sensors, to detect marked lanes in a road. When a vehicle begins moving past those markings, this safety feature alerts the driver with a visual alert, audible alert, sensory warning, or a combination of these. Ideally, these systems work to counteract a driver who is inattentive or drowsy.
However, when a lane departure warning system malfunctions, the results can be devastating. While some accidents occur due to a human driver’s reaction to the system, in other cases the system itself has errors which lead to a collision. These errors can include:
- Sensor and Camera Obstructions or Misalignments: Because the system needs sensors and visuals to correctly gauge the location of lane markings, debris or damage can obstruct these components. Additionally, if you have your windshield replaced without calibrating the LDW, there may be malfunctions.
- Software Glitches: Electronic systems can experience issues that result in unexpected behavior or failures. Resets or updates may be needed.
- Environmental Factors: LDW systems rely heavily on visual cues to the software. Due to this, adverse weather conditions, such as rain, fog, or snow, can all make the system work suboptimally or, in some cases, malfunction.
- Road Conditions and Lane Markings: As with environmental factors, there may be physical reasons that the system does not work correctly. Faded, missing, or obscured lane markings can all cause issues.
- Electrical or Wiring Issues: Faulty wiring or electrical connections can lead to system errors or complete failure.
These errors can lead to accidents. If the system incorrectly warns the driver of an issue, they may overcorrect or fail to check blind spots when reacting to the warning.
Additionally, if a malfunction fails to alert a driver who relies on the system, they may be in danger of a rear-end collision with the traffic in front of them or a head-on collision when crossing the lane divide. While the driver may be partially at fault in these cases, the LDW manufacturer may also share in the car accident liability.
Florida’s Personal Injury Laws & Liability in LDW-Related Accidents
Florida has a no-fault insurance system, which means that injury victims in car crashes can get financial support for their injuries from their insurance coverage even when an accident was their fault. However, no-fault insurance and personal injury protection (PIP) policies have limits, and when losses are extensive, victims may need to seek additional compensation through a personal injury lawsuit.
Potentially liable parties are:
- Manufacturers, if product defects or design flaws were at fault
- Car dealerships, if the defect was known but not disclosed to a buyer
- Repair shops, if improper maintenance contributed to the LDW system failing, such as a failure to calibrate the system
- Other drivers, whose careless or reckless response to an LDW error contributed to the accident
Negligence Versus Strict Liability in LDW Accident Cases
Injury victims have two ways in which they can demonstrate liability: negligence or strict liability. In negligence cases, you will need to prove that the manufacturer failed to exercise care. Some examples of this would be:
- The LDW system did not undergo the needed product testing before being sold to consumers
- There were safety or maintenance issues during assembly of the LDW system itself
In strict liability cases, on the other hand, you must prove that the product was defective in its design, manufacturing, or marketing. For example:
- In Florida, if a product fails the consumer expectation test, meaning that it does not perform safely when used properly by a consumer, then it is defective.
- You can prove that something went wrong during the manufacturing process, which led to a defect.
- A manufacturer failed to adequately warn about potential issues with the product, such as an instruction manual not containing information on potential errors in the LDW system.
It’s vital to note that if you are pursuing a product liability lawsuit, you typically have four years to do so in Florida.
Your Florida car accident lawyer will build a strong case for negligence or strict liability through a car accident investigation and gathering evidence, such as witness testimony, safety reports, analysis of the LDW system, expert testimony, and more.
What Compensation Can You Recover After an LDW Error Led to a Car Accident?
Car accidents can lead to serious injuries and lifelong impacts. If you were injured in an accident due to an LDW system error, you may be eligible to recover compensation for:
- Medical expenses
- Pain and suffering
- Emotional distress
- Lost wages
- Property damage
Your personal injury attorney will analyze your losses carefully so they can advocate for fair compensation in your case.
How a Florida Car Accident Lawyer Can Help in Lane Departure Warning (LDW) Error Cases
Proving negligence or strict liability on a manufacturer’s part can be a daunting legal task. Having legal representation can mean support and advocacy for your legal rights. Your Florida car accident attorney will thoroughly investigate the LDW system failure to determine liability. They will also handle negotiations with the insurance companies on your behalf and can file a lawsuit to pursue the maximum compensation you are entitled to receive.
Contact the legal team at The Law Offices of Wolf & Pravato for a free initial consultation. Call (954) 633-8270 today.
