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Fort Myers Autonomous Vehicle Accident Attorney
While self-driving technology is continually improving, it is still far from perfect at this stage. As a result, accidents involving self-driving (or autonomous) vehicles are more common than they should be. If you or a loved one has been harmed in an accident involving a self-driving vehicle, you may be entitled to compensation, and you should consult with an experienced Fort Myers autonomous vehicle accident attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. about your legal rights.
In many respects, seeking compensation after an accident involving an autonomous vehicle in Fort Myers is similar to seeking compensation after an accident involving any other type of vehicle, such as a car, truck, or SUV. But, there are some unique aspects to these cases as well—and this makes it important to have an experienced attorney on your side.
3 Options for Seeking Financial Compensation After an Autonomous Vehicle Accident in Fort Myers
In self-driving vehicle accident cases, victims and their families have three primary options for seeking financial compensation. However, not all of these options will be available in all cases. As we will discuss below, determining who (or what company) is liable for a self-driving vehicle accident requires a comprehensive investigation—and this, too, requires experienced legal representation.
1. Filing a Claim Against the Driver
Under Florida law, drivers are responsible for maintaining control of their vehicles at all times. This is true even when their vehicles have self-driving capabilities.
In other words, being behind the wheel of an autonomous vehicle is not an excuse for causing a collision. If a driver improperly relies on his or her vehicle’s safe-driving capabilities and causes an accident as a result, the driver can—and should—be held accountable.
While Florida’s “no-fault” insurance law comes into play, accidents involving self-driving vehicles frequently result in significant or permanent injuries. Tragically, in far too many cases, they result in fatal injuries as well. As a result, victims and their families will often be able to work with an experienced Fort Myers autonomous vehicle accident attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. to seek full compensation for their accident-related losses.
Carelessness, recklessness, driving while distracted, and being drunk behind the wheel all provide clear grounds for accident victims and their families to hold drivers accountable. This is true regardless of whether a driver’s vehicle has self-driving capabilities.
2. Filing a Claim Against the Self-Driving Vehicle’s Manufacturer
Another option for seeking financial compensation after a self-driving car accident is to file a claim against the self-driving vehicle’s manufacturer. Tesla and other car companies have already faced numerous lawsuits involving their vehicles’ self-driving capabilities. This includes a lawsuit that resulted in a $243 million jury verdict against Tesla following a fatal autopilot crash in South Florida in 2019.
Like all product manufacturers, car companies have a legal duty to ensure that their vehicles are safe for their intended use. If a car company’s self-driving technology is not ready for the road, then the company should not be selling vehicles equipped with this technology. Unfortunately, like many other product manufacturers, car companies often prioritize their profits over people’s safety. As a result, we have seen numerous cases in which companies' heavily advertised self-driving features have not lived up to their expectations.
If a vehicle’s self-driving technology is not safe for its intended use, then it is considered “defective” under the law. When companies sell defective products, they can be held fully accountable for any injuries or deaths that result from their use. This includes injuries and deaths that result from failure to conduct adequate testing, failure to adequately warn consumers of the product’s limitations, or the decision to bring the product to market before it is ready.
3. Filing a Claim Against a Third Party
As with other types of car accidents, victims and their families may have claims against various third parties after a self-driving car accident as well. This includes (but is not limited to) claims against:
- Another vehicle manufacturer (i.e., if a tire blowout or brake defect caused the accident)
- The other driver’s employer or rideshare company
- A road construction or maintenance contractor
When seeking financial compensation after a self-driving car accident in Fort Myers, it is critical to ensure that you are seeking to hold the right party (or parties) accountable. If you do not file the right claim (or claims), you will not be able to recover the financial compensation you and your loved ones deserve.
Determining Which Claim(s) You Can File
How do you make sure you are seeking to hold the right party (or parties) accountable? This involves conducting a comprehensive investigation—and, ideally, this investigation should take place as soon after the accident as possible. In self-driving car accident cases, this includes not only gathering forensic evidence at the crash site and searching for video footage and eyewitnesses but also determining whether one or both vehicles’ autonomous technology played a role in the crash.
Determining whether autonomous technology played a role in a car accident requires the ability to assess whether the technology functioned as intended. It also requires the ability to assess whether the technology is defective under the law. If the other driver relied on autonomous technology to do something it was not intended to do, then the driver may be solely responsible for the accident. On the other hand, if a vehicle’s autonomous technology failed to function as intended, this could provide clear grounds to seek to hold the vehicle’s manufacturer accountable.
For now, the most important thing you need to know is that talking to an attorney is the first step in the process. If you need help after a self-driving car accident in Fort Myers, contact Spivey Law Firm to get started on your case today.
Contact Us for a Free Consultation with an Experienced Fort Myers Autonomous Vehicle Accident Attorney
Were you seriously injured, or was a loved one seriously injured or killed, in a self-driving car accident in Fort Myers? If so, we encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. promptly so that we can help you. You pay no legal fees or costs unless you win.
Attorney Randall L. Spivey, who founded the Spivey Law Firm, Personal Injury Attorneys, P.A. is a Florida Board-Certified Civil Trial Attorney. Less than 1% of all attorneys licensed by the Florida Bar Association are Board Certified in Civil Trial Law. Randall Spivey has the knowledge and experience to handle your personal injury claim involving an autonomous vehicle accident. Randall Spivey is also an AV Rated Preeminent Attorney from Martindale-Hubbell, which is the highest rating standard, signifying the greatest level of professional excellence for legal knowledge, communication skills, and ethical standards. Randall L. Spivey is also named as a Florida Super Lawyer by Super Lawyers Magazine.
More Helpful Information
Vehicles with autonomous or self-driving features are becoming increasingly common on our roadways. They, however, present a multitude of dangers to drivers and pedestrians.
In 2019, an innocent couple standing next to their vehicles in the Florida Keys were stuck by a Tesla Model S. The young woman was killed and the young man suffered serious injuries.