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If Your Vehicle Has Certain Technology, You Now Have a Duty to Report Some Types of Crashes to the NHTSA

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If you are operating your car, truck or SUV using technology that both helps you stay in your lane and adaptive cruise control or other Level 2 Advanced Driver Assistance Systems (ADAS), then a recent order by the National Highway Traffic Safety Administration (NHTSA) requires the vehicle’s operator and others to report certain crashes to the NHTSA.  The purpose of this  General Standing Order from the NHTSA is to more closely track advanced driver safety systems and the safety issues surrounding them.  Read on to learn more about when the duty to report is implicated.

Who Must Report?

The operator of the vehicle involved in the crash has a duty to report as does the manufacturer of the vehicle.  In addition, the manufacturer of any component parts of the advanced driver safety system must report the accident provided it meets the accident criteria.

What Type of Accidents Must Be Reported?

If the vehicle you are driving crashes, or if the use or performance of the Advanced Driver Assistance System in your vehicle causes another vehicle to crash, into another vehicle, pedestrian, cyclist or property, then the crash must be reported if it meets the crash criteria below:

  • Any individual involved in the accident is taken to the hospital;
  • Anyone is killed in the accident;
  • The vehicle must be towed away;
  • The airbag deployed;
  • The accident involved a “vulnerable road user” which includes pedestrians, bicyclists, motorcyclists, ATVs or farm tractors.

What Technology is Considered a Level 2 Advanced Driver Assistance System?

Level 2 technology has been defined as the vehicle has combined automated functions like acceleration and steering, sometimes simultaneously, but the driver must remain engaged with driving and monitor the driving conditions and environment at all times.  Examples of Level 2 technology include adaptive cruise control and lane deviation assist when used together.  Other examples include Cadillac’s Super Cruise system, Ford’s Active Driver Assist and Blue Cruise, Highway Driving Assist used in Genesis, Kia and Hyundai vehicles and Tesla’s Autopilot.

How Long Do You Have to Report?

One day from the date of the crash.

Why?

Again, the goal of this is for the NHTSA to more closely monitor the real-world consequences of these advanced systems.  Currently, the NHTSA has open investigations into six different types of advanced driving assistance technology involving Tesla, Volvo, General Motors and Toyota.   If the NHTSA finds a safety defect, the federal agency can require a manufacturer to recall the vehicle.   And on that point, the NHTSA has just unveiled a new auto recall search tool that contains recalls for the past 50 years.  Vehicle owners can easily search for recalls, sort, filter and display data in a variety of formats.

We Can Help

At the Law Offices of John Day, our award-winning lawyers have been helping car accident victims and their families for decades and we would be privileged to help you too regardless of whether it involves a defect in the vehicle or if was caused by the negligence of another driver, etc.  If you would like to know whether we think you have a case, we will tell you for free in a confidential, no-obligation consultation.  Simply give us a call.  We handle all accident cases on a contingency basis so we only get paid if we recover money for you and your family.  Before hiring any injury attorney, do you homework.  We encourage you to read through the information below.

How To Select a Personal Injury Attorney

How To Prepare for a Meeting with a Personal Injury Attorney

What Are the Deadlines for Filing an Injury Lawsuit in Tennessee? 

 

 

Photo by Thomas Despeyroux on Unsplash

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