There is not one aspect of our existence that has not been affected by technology. From the way we cook a meal to how we drive a car. Our vehicles are safer, houses more secure, and we can access endless information with the click of a button. Unfortunately, everything in life has its consequences.
Recent headlines tell us of an Uber self-driving vehicle involved in an accident. There were also reports of exploding e-cigarettes and hover-boards catching on fire. These incidents, sooner or later, may result in personal injury.
The professionals at Rosenfeld Injury Lawyers insist that if you're injured due to another person or corporation's negligence, you have the legal grounds to file for a personal injury lawsuit. The question is, how do we determine liability when technology goes wrong?
How Do We Determine Liability When Technology Is The Result Of Personal Injury?
Who do we hold responsible if someone is, for instance, hit by a driverless vehicle? The possibilities are:
- The manufacturer
- The software engineer
- The car operator
- The auto company
The answer is, however, not that simple. In an attempt to answer this question, the NHTSA (National Highway Traffic Safety Administration) recently declared the following:
- If a person is operating an autonomous vehicle, the car is the driver, not the human.
This will make the problem a product liability issue. Thus, vehicle manufacturers may be held accountable for any accidents that happen. This can also force insurance companies to alter the definition of the term 'driver.' Which will ultimately change the way they create and price policies.
New regulations need to be specified by federal and state courts to deal with the ever-increasing role that modern tech plays in our lives. Similarly, personal injury lawyers and insurance companies need to prepare themselves. There is bound to be potential legal implications resulting from this rapid advancement.
What About Artificial Intelligence (AI)?
Personal Injury lawsuits typically have a long and tiresome assessment process. Certain technological advances, such as AI, have the potential to streamline these procedures.
Many law firms worldwide have recently started to use AI technology to smooth out and speed up their assessment process. It is useful to analyze documents, images, audio files, and videos to calculate the compensation amount for a claim. Work that would traditionally take an hour to complete is now done in a matter of seconds.
Although this technology needs work, the results show a promising future. It would appear that, in the insurance industry, AI technology is set to become the standard. Its improved efficiency significantly reduces the time it takes to settle a claim. This will enable lawyers to focus on building their client's cases.
Technology-Based Evidence
By installing certain gadgets, such as dashcams, you can record evidence that can identify factors proving liability in case of an accident. The footage recorded by these products can point out reckless driving and hazards that may have contributed to the accident. You may even qualify for a discount on your insurance premium if one of these items is installed in your vehicle.
The evidence recorded by these devices proves to be invaluable in the pursuit of personal injury claims.
How Can You Use Technology To Help Prove Your Case In A Court Of Law
Some technological advances can assist lawyers in the courtroom to prove their client's case. By using defined computer programs, a lawyer can confirm if a person's physical capabilities have been affected due to an accident.
This program provides comprehensive data from the injured party, which can be compared to data collected from various other people of the same age and gender. As a result, the judge can use this information to determine an appropriate settlement amount for the pain and suffering endured by the victim.
This data can reduce the defense's ability to use expert testimony, which is typically used as a method of undervaluing the damages incurred by the plaintiff. It can also reduce the time spent in court and the cost of the lawsuit.
Technology vs. The Skill Of A Good Lawyer
It's logical to assume that technology will become standard practice in proving liability and determining compensation in personal injury lawsuits. Its benefits are undeniable but, unfortunately, not without flaws. Your lawyer should never use data as the focal point of his argument.
Lawyers still need to do their duty. They must build a compelling case to prove the extent of their clients injuries. The knowledge, skills, and attention to detail of a competent attorney are priceless. It can never be replaced by technology.