Liability for Defective Advanced Driver Assistance Systems

Advanced Driver Assistance Systems (“ADAS”) are a sophisticated network of electronic technologies for modern vehicles intended to automate certain aspects of driving and improve driver situational awareness to increase safety behind the wheel. ADAS uses a variety of technologies, including radars, sensors, and cameras to assess vehicle speed, tendencies, processing time, decision time and response time.

In an effort to reduce the number of accidents caused by human error, automobile manufacturers have implemented multiple ADAS systems throughout almost every modern vehicle on the road today. The goal of these systems is to assist drivers, not replace them.

While awareness around ADAS has increased over the last few years, it was first introduced to the auto market in the 1980s with electronic stability control, electronic cruise control, and anti-lock brakes. The twenty-first century came with the development of forward collision warnings, back-up cameras, blind spot detection, and park assistance. Most recently, car manufacturers have added surround-view cameras and driver drowsiness detection. These sophisticated systems have become standard for most vehicles on the road today.

Types of ADAS:

The two most common forms of ADAS in use today are passive and active systems. Passive systems are the features in a vehicle that are designed to alert the driver but not actively control vehicle movements. Common passive ADAS systems include anti-lock braking systems (ABS), electronic stability control (ESC), and tire pressure monitoring systems (TPMS). The second type of system, and the one subjected to increasing liability today, are active systems. Active systems are features that take actionable steps to avoid potential accidents. Common active ADAS features include adaptive cruise control (ACC), automatic emergency breaking (AEB), blind spot monitoring (BSM) and lane departure warnings (LDW).

How it Works:

ADAS uses cameras, radars, ultrasonic sensors, and other inputs to create a fusion of information on the vehicle’s environment to alert the driver or take corrective action as necessary. Systems designed to keep a vehicle in a lane use cameras to determine the vehicle’s position. These cameras are typically located against the windshield or around the rearview mirror. Common systems using cameras include lane departure warning, surround view, and surround view park assistance. Ultrasound sensors are used to measure the proximity of objects nearby and determine whether any corrective action is needed. Finally, radars supply critical information for detecting surrounding objects for several ADAS systems such as collision avoidance, cross-traffic alert and adaptive cruise control.

 

While ADAS is aimed at saving lives, the failure of certain systems can cause serious injuries, and in some cases, death.
 

ADAS Liability and Potential Defendants

While traditional automobile liability cases focus on the actions of the vehicle operator, ADAS liability could focus on more than one actor. Because ADAS is used to assist an individual operating a motor vehicle to make the driving experience safer, those involved in the production and operation of these systems could face liability if they too were negligent under the circumstances. The growing use and reliance on these systems by manufacturers could lead to a shared or shifting fault among several actors resulting from an accident involving a motor vehicle equipped with ADAS.

The Driver:

The driver of a vehicle can be held liable if they over relied on these systems or ignored the warning signs of misuse. Drivers are still the default defendant in most jurisdictions and will still be held liable if they too were negligent under the circumstances. Potentially, even in “driverless” cars, drivers could be held liable for failing to supervise or override ADAS systems, when required, misuse or over-reliance on the systems, ignoring warnings, alerts, or operating limitations, and for distracted driving despise the engagement of ADAS systems.

ADAS is to be assistive technology rather than autonomous. Doubtless, the plaintiff’s bar will argue, as it does, that defendants who rely completely on ADAS systems are engaged in “automation complacency.”

 

ADAS System Manufacturers, Sellers or Those in the Chain of Commerce:

Manufacturers, sellers, or those in the “chain of commerce” could be held liable for the injuries a faulty ADAS system caused under the theories of Products Liability. The first theory of liability is that the system was subject to a design defect. This means that the product itself was designed correctly but the overall design of the product was defective, making it dangerous to consumers.

Second, actors within the chain of commerce can be held liable if the product was subject to a manufacturing defect. A manufacturing defect occurs when the product departs from its intended design and is more dangerous than consumers expect it to be.

Third, actors within the chain of commerce can be held liable for an ADAS system malfunction due to a failure to warn. A cause of action for failure to warn arises when there were improper instructions surrounding the use/operation of a product and a failure to warn consumers of latent (hidden) defects in the product.

Surely, there will be claims of inadequate human-machine interface (“HMI”). ADAS systems have advanced with lightning speed. There is and will be a need to provide a driver with real-time information and the ability to intervene to avoid collisions. ADAS systems have focused on adaptive cruise control, forward collision alerts and warnings for lane departure. Drivers turn the systems over to the automotive technology but need to be prepared, at any moment, to regain control.

ADAS systems are developing the ability to monitor driver activity (or inactivity) to alert drivers if the systems senses drowsiness or lack of attention or distraction. So, while the technology has led to more technological control over vehicle operation, human-machine interface will work to assure that complacency and reliance of these systems does not lead to greater danger.

Maintenance/Repair Shop Liability:

Additional parties that could face liability are maintenance/repair shops. The improper calibration of ADAS systems after an installation or repair can lead to liability if proper calibration procedures are not followed. Additionally, repair shops can also be held liable if they misaligned system sensors after a vehicle was in for repairs following an accident. Finally, car dealerships can be subject to liability if they sell a vehicle with known safety issues or fail to perform required software upgrades.

 

Possible Resources to Help Prove a Claim

When bringing a claim under Products Liability or General Negligence, it is critical to have evidence to prove your claim. With the rapidly evolving landscape surrounding ADAS, what information is currently available to help show a faulty system caused an accident?

The following information can be crucial in helping to determine whether ADAS caused a motor vehicle accident: