Alabama EV & ADAS Crash Liability: What You Need to Know

If you’ve gone car shopping in the last five years, you probably noticed that electric vehicles and cars with other high-tech features are taking up major space in the automotive market. EVs and cars with advanced driver-assistance systems (ADAS) offer motorists new and exciting ways to hit the open road while claiming to enhance and improve safety for drivers and passengers.

But what happens when an electric vehicle or ADAS-enabled car is involved in an accident? While individual drivers are usually subject to claims of liability in the event of a crash, accidents involving electric vehicles with self-driving capabilities and other cars with ADAS features may not be as straightforward. Let’s take a closer look at how technology can impact determinations of liability in car accident claims and discuss how an experienced attorney can help Alabama crash victims protect their rights after a crash involving self-driving or driver assistance malfunctions.

Electric vehicles and advanced driver-assistance systems: The basics

According to the United States Department of Energy, there are approximately 13,000 electric vehicles currently on the road in the state of Alabama. The term “electric vehicle” refers to a type of car, truck, or other motor vehicle that runs fully or partially on electricity rather than on gasoline. Many motorists appreciate EVs for their energy efficiency and the many advanced functions and features they provide. While some electric vehicles like Teslas, for example, have varying degrees of self-driving capabilities, it’s worth noting that just because a vehicle is electric does not mean that it can function autonomously.

Similarly, a rapidly growing number of vehicles on the market today are equipped with advanced driver assistance systems (ADAS) that help drivers operate their vehicles and navigate roadways more easily. Automatic high beams, lane departure notifications, automatic emergency braking, and other automated tools can all help drivers avoid hazards and ensure the safety of themselves and others.

Unfortunately, while these advanced technological features are intended to make our roadways safer, these features are not infallible and can pose risks in the event of malfunction or misuse. We all know that technological devices like phones and computers can be prone to glitches, delays, and user errors, and the same can be said for the advanced solutions included in many modern vehicles. When self-driving and ADAS features contribute to traffic accidents, the process of determining liability and assessing appropriate damages can become more complicated for involved parties and their representatives.

Does Alabama have any laws pertaining to EVs or ADAS?

Vehicles that include driver assistance tools can pose a variety of legal challenges in the event of an accident, and because this functionality is still in its infancy in many ways, the law may not always be caught up to the state of automotive technology. In Alabama, ADAS-equipped vehicles pose challenges when it comes to assessing crash liability. Under state law, vehicles equipped with autonomous driving systems or other driver assistance tools are not immune from traffic laws, regardless of whether or not a human is physically operating the vehicle.

Additionally, when accidents occur while an ADAS system is engaged, the owner or remote operator of the vehicle is still subject to all laws regarding licensure and driving under the influence. While Alabama residents still aren’t using fully autonomous vehicles for personal use, the state has passed legislation permitting the ongoing development of these products that build on existing driver assistance technologies.

Who is liable in EV & ADAS crashes?

When operating a vehicle with ADAS tools enabled, drivers may periodically find themselves essentially sharing control of their car with the vehicle’s operating system. Subsequently, it can be a bit confusing trying to decide who or what is responsible if an accident occurs while an ADAS feature is engaged. Some of the parties who may be liable for an ADAS-related crash include:

The driver

Even with ADAS engaged, drivers have a responsibility to remain alert and ready to intervene in the interest of safety. If a driver fails to intervene to prevent an accident while the ADAS or other autonomous features are engaged, they can be held legally responsible for the crash.

The ADAS operator

Some tech companies and rideshare services offer fully autonomous vehicles that transport passengers without the need for human drivers. Although such vehicles aren’t on the road yet in Alabama, the law states that operators of autonomous vehicles will be subject to certain legal obligations. Liability will depend on the facts, including potential negligence by a human driver or remote driver, product defects, and employer/company responsibility.

The system manufacturer

In some cases, an accident may actually be attributable to a mechanical defect or ADAS system failure. If an accident victim can conclusively demonstrate that their injuries were caused by a defect or software error, they may be able to collect damages from the manufacturer of the vehicle or the specific system component that malfunctioned.

EV and ADAS-specific legal considerations

As mentioned above, Alabama legislators are working to encourage the development of electric and autonomous vehicles and address the potential liability issues they may pose. Here’s a quick overview of some of the pertinent legal requirements for accidents involving electric, autonomous, and ADAS-enabled vehicles:

1. When a remote driver is operating a commercial motor vehicle, that individual must comply with all applicable traffic and motor vehicle laws.
2. When an autonomous or remote vehicle is involved in an accident, the vehicle must remain at the scene of the accident the same way a human driver would.
3. Insurance minimums vary: $100,000 for fully autonomous (non-commercial) vehicles; $1,000,000 when an ADS vehicle (not an automated CMV) is operated by a commercial entity without a human driver; and $2,000,000 for automated commercial motor vehicles and teleoperation.
4. Alabama law requires the human driver to comply with traffic laws and exercise due care, which includes supervising the vehicle and taking control as needed.

While liability for cases involving self-driving vehicles and features is still a bit of a legal grey area in some ways, it’s important for drivers of these vehicles to use common sense and care when operating their vehicles on Alabama roadways.

Final thoughts

If you’re uncertain as to whether your crash may have been caused by a technological malfunction or a shoddy driver assistance system, it’s important to consult with an experienced car accident attorney in order to assess the potential sources of liability in your case. Legal counsel with ADAS/EV knowledge and experience can help you determine the most viable path forward in your car accident case and assist in maximizing the damages you can ultimately recover.

While we all hope for the best when investing in new technologies, it’s important to exercise caution before putting your faith in developing solutions. Whether your vehicle was to blame for a crash or you suspect your injuries were caused by another party’s autonomous driving system, it’s important for you to collect as much information as possible to support your version of events and aid in your fight for accountability.

At Martin & Helms, our team has been delivering top-tier legal support to accident victims in Huntsville and the surrounding areas for decades. That means we are well-equipped to handle cases involving malfunctioning EVs and ADAS components, as well as future claims related to fully autonomous vehicles.

Fill out our online contact form or give us a call today to schedule a free consultation with a member of our legal team. We’d love to help you tackle the challenges associated with your EV or ADAS case.