
Seen throughout this century, technology has spread into all aspects of human life, whether for better or worse. Technology’s intervention can be as small and inconsequential as how we check in at the doctor’s office or as significant as getting behind the wheel of a self-operating vehicle. In 2021, technology is expected, not foreign.
Still, there are assuring positives and limiting negatives to technology’s engrained nature in culture and our daily behaviors. There is no question that advancements in engineering have made life easier and saved millions of lives that would have been lost in previous centuries. Conversely, weapons of mass destruction can become even more dangerous is we remove human control.
Two specific examples of times technology has failed us were in 2019, when an Australian man sued Apple after his iPhone X exploded in his pocket. Then, in April 2021, a Tesla Model S crashed into a tree in Texas and killed two men, one in the passenger seat and the other in the back seat, while set to its self-driving mode. These two examples could happen to anyone, and they very well could result in your own personal injury.
Who is at Fault for Technology-Caused Personal Injury?
If you are injured because of another person or company’s carelessness, you have the legal right to hire a personal injury lawyer and file a lawsuit. Granted, things become slightly vaguer and more uncharted when the injury is caused by technology rather than a specific individual. For instance, which party is directly responsible for your suffering?
Take a situation like the one in Texas, for example. Who is at fault if you are hit by a car driving itself at the time of the incident? Is it the manufacturer, Tesla, or could it be the individual who owns the vehicle?
Even the person who programmed the car could be at fault if the auto-pilot function is proven to be faulty. While there is no clear answer, the National Highway Traffic Safety Administration (NHTSA) attempted to shed some light on the unfamiliar question. “If a person is operating an autonomous vehicle, the car is the driver, not the human,” said the NHTSA, but in terms of personal injury, this could cause insurance companies to alter what they define as a “driver.”
Technology’s Benefits in Personal Injury Assessment
Artificial Intelligence (AI) might be the source for some technology-induced injuries, but it also can assist lawyers and their work by helping clients faster and more productively. For example, the assessment process, or the period of determining whether you are likely to earn any compensation for your injury, is accelerated by AI. A computer program can scan and interpret legal documents and provided images, videos, and recordings.
AI can provide an estimate on how much you will receive if you move forward with your claim. The old process, which involves more traditional technological aspects, such as phone interviews and day-long email chains, is reduced to seconds by AI. By no means is AI perfect, but it certainly is becoming more commonplace in the world of personal injury case preparation.
Currently, claims are settled faster than any time in history, but the watchful eye of a human is still necessary. However, AI gives personal injury lawyers more time to craft your case. For more forward-thinking lawyers, AI can also assist in the development of the case itself.
Technology’s Benefits in Personal Injury Evidence
There are steps anyone can take involving technology that could prove beneficial in the long run if you someday need to file a personal injury claim. One example is installing a dashboard camera in your vehicle. It will record any accident and leave nothing to question or any speculation in the courtroom.
A second example is your smartphone. These days, everyone has one, and if allowed, it will record your exact movements and screen time. That will prevent the opposing defense from making claims that simply are not true.
Setting up a dashboard camera and other technologies in your car may permit you to a deduction on your insurance premium. One New York Senate bill mandates insurers to offer five percent discounts to customers with “dash cams.” Installing the camera will save you money and help you settle your claim at the same time.
Technology and Personal Injury’s Future
Much like technology’s expanse in all areas of human life, it will continue to grow and become more frequent in personal injury law. It will assist in demonstrating liability and ascertaining compensation. However, it is still too early to entirely rely on technology’s unsupervised advice.
A lawyer’s hand is still required for financing your pain and suffering. Likely, technology will never be able to take the place of human thinking and sympathy. It may be an ever-evolving world, but humans are still at its helm.
If someone injures you due to their own negligence, you have the right to contact a personal injury lawyer to take a closer look at your case. “Technology will help you get the compensation you deserve, (see below) but it is important to seek legal advice from an experienced lawyer to help shape your case,” said attorney Jan Dils. “Evidence supplied by technology is like the clay a professional lawyer will mold to get the verdict we and our clients expect.”