Technology has done a lot of amazing things for the automotive industry, and cruise control is arguably one of those technological developments which have revolutionized driving. Safety is always a concern when it comes to new technology which makes driving easier. What happens when you have cruise control enabled at the time of an accident? If the other driver had cruise control enabled and hits your car, does that change your personal injury claim?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Control Over Your Vehicle
You should have control over your vehicle at all times when you are on the road and this duty to operate your car safely and reasonably occurs even if you are operating your car via cruise control. Unlike the in the satirical movie Airplane!, using control is not a form of “auto-pilot.” It does not give operation of the car to another person or entity. You remain in control over your car. Therefore, if an accident happens even if you are not controlling the speed directly in your car, you still are responsible for what happens while behind the wheel. Therefore, cruise control would not normally play a part in whether you make a personal injury claim following an accident.
Should It Have Been Used?
However, the use of cruise control can amp up the negligence the at-fault driver has in why the accident occurred. The totality of circumstances will be looked into when reviewing an accident and it could be asked whether use of the cruise control was even reasonable in the circumstances. For instance, the following questions may be at issue:
- Where were you driving? Were you operating cruise control on the highway or Interstate, or were you on a neighborhood street? Were you driving in an area where one would normally use cruise control? You need to be able to operate it safely, and if you are in an area where you are stopping and going and need to be able to brake at a moment’s notice, such as a neighborhood street where young children are playing, using cruise control can be seen as negligent.
- What was your speed? Were you traveling fast when you used cruise control? What speed did you set the speed control on? If you were driving in a 45-mph zone and set your cruise control at a significantly high speed that could be seen as reckless, above normal negligence.
In situations where the at-fault driver used cruise control when an average, reasonably prudent person would not have chosen to do so in similar circumstances, the driver’s behavior could be deemed to be gross negligence or reckless. If that is the case, it could affect the type of claim made. For instance, punitive damages, or damages that are sought to punish the driver to prevent future bad behavior, are given in situations where the other driver is reckless in his or her behavior. These fact patterns could be examples of this type of reckless behavior.
Was It Faulty?
The at-fault driver’s liability could potentially be reduced if he or she was operating cruise control in a situation where it is completely appropriate, he or she is operating cruise control properly and the cruise control malfunctions due to no fault of the driver. A faulty cruise control does not completely wipe out liability for the driver but it could reduce it significantly. In jurisdictions where any contributory negligence or other factor that could have caused the accident completely relieves the other negligent individual of liability, this could be a saving factor. However, those jurisdictions are not numerous. Any time of reduction in liability could help, however, if you are the driver facing liability.
Contact an Attorney Today
If you have been in a car accident and the other driver had cruise control enabled, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
