If you were injured in a “DRIVE PILOT” related accident, Mercedes Benz may be liable for your injuries. If this happens to you, speak with an experienced personal injury attorney today for a free consultation.
What is “DRIVE PILOT”?
“DRIVE PILOT” represents Mercedes-Benz’s entry into the autonomous-driving industry. With many self-driving cars, the Mercedes-Benz DRIVE PILOT relies on sensors, computer software, and other technology to control speed, brake, steer, and change lanes. These features promise the ability of operators to read, text, use social media, watch videos, and talk – ultimately converting car drivers to passengers.
Nevada became the first state to allow these “Level 3” self-driving vehicles. California represents the second state to permit the consumer use of these cars. However, the DRIVE PILOT has its limits. You presently cannot use the self-driving features of DRIVE PILOT:
- On city or county roads or streets
- At speeds greater than 40 miles per hour
- During non-daylight hours
- Poor weather conditions, such as fog or rain
- Within construction zones
- On flooded roadways
The California Department of Motor Vehicles has approved the DRIVE PILOT for self-driving on certain highways in the state. To operate the self-driving version of DRIVE PILOT, you must first watch a video explaining its operations.
Crashes Involving Self-Driving Vehicles
The National Highway Safety Traffic Administration reported that self-driving or partially self-driving systems contributed to or had involvement in 392 crashes between July 2021 and May 2022. Among these incidents, 98 involved injuries. Serious injuries occurred in 11 crashes linked to a self-driving vehicle system. In California, between 2014 and 2022, driverless vehicles involved themselves 88 in motor vehicle crashes. Of those incidents, 62 vehicles ran in fully self-driving mode.
Who is At Fault?
If you’re injured in a crash with or in a DRIVE PILOT in autonomous mode, Mercedes-Benz should compensate you for your medical bills, lost wages, pain and suffering, and other damages. The car manufacturer agrees to assume legal liability under such circumstances irrespective of the behavior of other vehicles or the occupant of the DRIVE PILOT. Mercedes-Benz’s liability does not arise when the driver operates the car or it otherwise does not run in self-driving mode. In these scenarios, injured parties must look to the at-fault operator.
The Operator of the Self-Driving Vehicle:
Occupants of autonomous cars such as the Mercedes DRIVE PILOT could act negligently by not assuming manual control when prompted by the car. The autonomous features will not work when the driver’s face is not in the car camera’s view. Such a feature seeks to ensure that the driver or occupant of DRIVE PILOT remains watchful for traffic, weather, and other driving conditions. Remember that self-driving capabilities do not manifest themselves during fog, rain, darkness, or at speeds above 40 miles per hour. As a result, approaching clouds, fog, or impending sunset may deactivate self-driving.
Whatever the deactivating agent, DRIVE PILOT gives its occupants or operators 10 seconds after an alert to assume control of the vehicle. The warning starts with red lights, then a voice warning, and a tug at the seatbelt if the driver has not assumed the wheel. After 10 seconds, the vehicle will slow.
Even so, a driver not paying attention may not realize the need to control the steering wheel, reduce speed, or stop. Even a few seconds of distraction instead of driving the vehicle can result in injuries. Those who fail to keep a proper lookout for the DRIVE PILOT’s warnings may make sudden moves that can injure passengers, those in other vehicles, or pedestrians. These may include:
- Sudden and hard brakes that give trailing vehicles little or no warning
- harp turns or swerves that lead to overcorrection of the vehicle
- Changing lanes without looking for vehicles or objects in the other lane or giving signals
The driver of a DRIVE PILOT also faces liability for negligence when having control of the vehicle. Careless driving includes speeding, following too closely, running stop lights or stop signs, not yielding the right of way, and distracted driving.
The Driver of a Non-Autonomous Vehicle:
Non-autonomous vehicles caused all but seven of the 88 motor vehicle accidents involving a self-driving vehicle. In fact, one study says that either a human operator or pedestrian was at fault in 81 out of 83 incidents with an autonomous vehicle. If you’re injured as an occupant of a self-driving vehicle, fault more likely lies with another driver than Mercedes-Benz or other manufacturers of self-driving vehicles.
Accidents with autonomous vehicles occur often because pedestrians do not properly anticipate the turns and stops of automated vehicles. The at-fault drivers may follow too closely and rear-end a self-driving vehicle which has stopped due to detecting another object or person. Rear-end collisions account for nearly 62 percent of collisions with an autonomous vehicle, according to an analysis of California crash data. Other human errors from non-autonomous drivers include inattention due to smartphone use, preoccupation with radios, eating while driving, and other activities commonly associated with crashes in general.
Pursuing a Personal Injury Claim?
If you become hurt in a DRIVE PILOT or other motor vehicle accident, California law gives you two years from the accident to start a lawsuit.
When you decide on who may be liable you start with determining if the DRIVE PILOT was running in self-driving mode. If so, Mercedes-Benz will be liable. Evidence of being in self-driving mode may come from the driver or occupant and the vehicle itself. You may need a witness with expertise or knowledge of DRIVE PILOT operations to examine the vehicle and crash in case Mercedes-Benz disputes whether the DRIVE PILOT was operating in self-driving mode.
If DRIVE PILOT did not run in self-driving mode, you likely resort to the at-fault driver or the driver’s insurance for compensation.
