Can I Sue A Driver Who Caused My Accident While Using A GPS?
Global Positioning System (GPS) provides many benefits to vehicle owners. They improve road safety, reduce downtime and help in theft recovery and so on. But, according to the National Highway Traffic Safety Administration (NHTSA), a driver is more likely to be involved in a distracted driving while programming the system while driving. If such a driver has led to your injuries or property damage, he/she may be liable.
How Do GPS Lead To Car Accidents?
With the increased use of updated GPS, drivers continue to be distracted while driving, which a lead cause to car crashes injuries and deaths. While a driver may be negligent while using a GPS, he/she may also be using a faulty GPS system that may lead to faulty navigations or inaccurate direction hence causing accident. When it comes to determine fault in such a situation, one may need Wasilla car accident lawyers help to determine whether a driver was negligence or they relied on faulty GPS system. There are numerous accidents reported to emanate from faulty GPS system. Some drivers have reported that they used GPS only to find themselves on train tracks or dangerous roads. There are many ways in which a GPS may lead to an accident. Some include:
Use of GPS when it’s dark and in an unfamiliar route.
A driver programming the GPS system while driving: This can be connected to texting while driving. When a driver texts while driving, they have a longer time to respond in case of any danger.
Reacting too late to instructions either because the driver had turned off the sound either to listen to music or stare to buildings. When there is no sound, a driver is tempted to keep on looking at the GPS.
Having a faulty GPS that may lead one to oncoming traffic.
Confusing water masses with actual roads.
The above may lead to distracted driving which is dangerous enough to get a car totaled, severe injuries or death. When a driver may have been directed to another path or different lane, in some cases he/she may still be liable for causing an accident. The law requires a motorist to be on lookout while driving and also paying attention to traffic signals.
Who May Be Liable In A GPS Related Accident?
When GPS gets things wrong, the repercussions may not be pleasing. In case of a GPS related car accident, one may hold the below responsible:
A motorist: Most GPS will have clear disclaimers that one should be alert at all times when using such system. If a driver fails to use common sense, one may find themselves putting others at risk. To hold a driver responsible one may prove that:
They failed to keep the GPS voice turned one and thus kept their eyes on the device instead of the road
They never paid attention to traffic signals
The driver was programming while driving. A driver should ensure to programme their GPS before embarking on a journey, doing so while driving increases the chance that one may cause an accident. Programming a GPS system needs much more attention that even when one would text while driving.
When this happens, a driver becomes distracted which is one of the main reason why distracted driving car accidents happens.
The manufacturer: GPS manufactures are required to exercises reasonable care while producing and programming GPS devices. One may file a defective product liability claim by showing that the manufacturer:
Knew about the defect but failed to withdraw the fault GPS devices on the market
Failed to give adequate warning about proper usage of the GPS and that it was not obvious for a motorist to have exercised reasonable care without having such information.
As easy as proving the above may seem to be, that is not always the case. One plays it safe if they choose to work with an experienced car accident lawyer to get appropriate legal advice.
Getting Legal Help
If you have been involved in an accident and believe the other driver could have used their GPS unreasonably, you may have a claim. To file a fruitful claim, you need accurate evidence to show that the driver diverted their attention to GPS and thus created a distraction that led to your accident. If a GPS directed a driver to ignore traffic signals or any other mistake, it’s their responsibility to ignore the GPS directions to avoid causing accident.
Financial recovery will depend upon facts and circumstances of each case, the injuries or property damage you may have suffered as a result. That’s why you may consider looking for an experienced car accident lawyer to navigate through your case. Your lawyer can schedule a free consultation to clear any concerns or questions you may have.