Automakers may have to contend with liability issues if the safety precautions do not work properly, or if the driver’s use of the app integrations plays a role in a crash. The driver could be held liable, but if a plaintiff could make a case that the system was defective or defectively designed, the manufacturer could be liable, too.
Automakers will have to include adequate warnings that the technology is not to be misused and distraction could result in a crash, said Ivan Diamond, a personal injury lawyer in the Bronx, N.Y., who handles car accident cases.
“At what point does” mimicking an at-home entertainment experience “become not just pleasurable but dangerous?” he said. “It’s existing law that has not yet met these facts and circumstances.”
Similarly, if insurance carriers ultimately determine that the new app integrations are correlated with additional risk, drivers might see insurance premiums go up, said Louisa Harbage-Edell, director of product marketing and intelligence at Arity.
Automakers counter that safety is their utmost priority. Mercedes has enhanced its voice-recognition technology and created bigger buttons and other design choices aimed at making the systems more seamless and less distracting. The new screens have myriad features that can keep drivers connected while minimizing safety risks, the company said.
Still, “we’re always afraid of things that are well-intentioned — how drivers might use them out there in the wild,” said Martin of the Governors Highway Safety Association. “We need to look out and try to understand what those impacts might be.”
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