Autonomous vehicle claims
The world of ‘driverless cars’ has arrived. You might not yet be enjoying driver-free journeys, but the UK government’s Automated and Electric Vehicles Act 2018 (AEVA) clearly signals the expectation that this is the future, outlining compensation rules for driverless car accident claims.
However, until we reach the era of fully driverless cars, there will be a long transition period where we will see semi-autonomous vehicle claims arise. The distinction between semi-autonomous and autonomous is important when it comes to establishing liability. Semi-autonomous cases will be less clear-cut, with questions remaining over liability, insurance and ‘causation’ in the event of an accident. For example:
- Can the driver be deemed to have been at fault or can the supplier of the technology or even the manufacturer be held responsible?
- Could claims be made against the last person to have serviced or calibrated the vehicle?
- If a claim is not brought in negligence can arguments be made under the Consumer Protection Act 1987 and/or existing Product Liability legislation?
Personal injury claims that arise involving semi-autonomous cars are a departure from existing motor liability principles, and will be exceptionally complex. This means, if you ever need to make a claim of this type, you’ll need a legal team with the appropriate expertise to navigate this new territory.
Bolt Burdon Kemp boast decades of experience of dealing with life-changing injury as a result of road traffic accidents and an enviable record of securing multi-million pound awards for injured Claimants.
We have the expertise and resource to promptly investigate collisions, forensically identify gaps in evidence and prove liability for your claim. With in-depth knowledge of road traffic law, motor and car accident claims, we are well placed to support personal injury claimants in this new and evolving area of automation claims.
Robotic surgery claims
Surgical claims, where robots and Artificial Intelligence or “AI”-assisted technology have been used, can involve complex investigations. We must look at:
- Whether the election of robotic assisted surgery over a conventional procedure was appropriate and properly consented to by the patient
- Where responsibility lies in the event of a malfunction and as such, who the compensator will be
- How training and standards are maintained
- Whether the equipment may have been vulnerable to cyber attacks
- If there is separate insurance for the machine itself, or whether those operating the machine will need to indemnify the claim
- Whether responsibility should be shared between multiple bodies such as the creator of the technology and the operator.
AI-assisted robotic surgery claims are likely to increase as the use of robots in surgery becomes more commonplace. While the practice develops, individuals and families who have been negatively impacted by accidents and errors – physically, financially and psychologically – will need to have access to representatives who understand the complexity of their claim.
AI medical misdiagnosis claims
Medical misdiagnosis can be life changing. AI-assisted medical diagnosis should offer less space for human error and reduce the risk of mistakes. However, things can go wrong, and claimants whose lives have been affected may face the bewildering challenge of seeking compensation when the cause of the error is both unclear and difficult to determine.
In AI medical misdiagnosis claims, we face similar challenges to cases involving other kinds of autonomous tech including:
- Identifying whether appropriate training and maintenance has been delivered
- Understanding if the mistake has been made by those interacting with the technology, or the developer/manufacturer
- Whether equipment failure (hardware or software) has played a part, and where the fault for this lies
Claimants who have suffered medical misdiagnosis or personal injury as a result of autonomous, semi-autonomous or AI assisted technology face a unique set of challenges. Our Personal Injury and Medical Negligence teams have the understanding and expertise to assist you in seeking appropriate compensation for the injuries you may have received.