In the realm of the trucking industry, Advanced Driver Assistance Systems (ADAS) represent a revolutionary leap in vehicle safety and efficiency. Designed to augment driver performance and reduce the risks associated with human error, ADAS technologies are becoming increasingly prevalent in commercial trucks.
These systems employ a combination of sensors, cameras, radar, and artificial intelligence to assist with navigation, hazard detection, collision avoidance and mitigation, and operational safety.
The most notable feature of ADAS technology are collision avoidance and collision mitigation technologies. Just like with passenger automobiles, there are a number of different collision avoidance and collision avoidance technology systems that are common in commercial trucks.
This article will explain the various types of collision avoidance technology available for commercial motor vehicles and then identify product liability claims when crashes are related to this technology or the absence of this technology.
Here are the most common collision avoidance technologies available in tractor trailers and other commercial motor vehicles:
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Adaptive Cruise Control (ACC)
Adaptive Cruise Control enhances traditional cruise control by adjusting the truck’s speed to maintain a safe following distance from the vehicle ahead. Utilizing radar and camera sensors, ACC detects the speed and distance of the vehicle in front and adjusts throttle or braking accordingly.
ACC uses radar sensors, cameras, lidar, or even ultrasound, typically mounted on the front grill of the vehicle. These devices monitor traffic conditions. When a slower-moving vehicle is detected, the system automatically reduces the truck’s speed and resumes the preset speed once the path is clear.
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Lane Departure Warning (LDW) and Lane Keeping Assist (LKA)
Lane management systems help prevent unintentional lane drifting, a major cause of accidents involving commercial vehicles. This technology can have both notifications and corrective parts to it:
- Lane Departure Warning (LDW): Alerts drivers when the truck drifts out of its lane without a turn signal. This is achieved through camera-based monitoring of road markings and might give an audible warning or a haptic vibration on the driver’s seat.
- Lane Keeping Assist (LKA): Goes a step further by actively intervening to steer the truck back into its lane if the driver fails to respond to the warning.
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Collision Mitigation Systems (CMS)
Collision mitigation systems are designed to detect and respond to imminent crash scenarios. They work by identifying potential hazards, warning the driver, and even taking control to mitigate the impact.
CMS typically combines forward-facing radar, cameras, and ultrasonic sensors. Some systems also integrate vehicle-to-vehicle (V2V) communication to receive data about nearby vehicles.
- Forward Collision Warning (FCW): Alerts the driver about an impending collision.
- Automatic Emergency Braking (AEB): Applies brakes autonomously if the driver fails to respond in time to a forward collision warning.
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Blind Spot Detection (BSD) and Side Collision Avoidance Systems
Given the size and limited visibility of commercial trucks, blind spots pose a significant safety challenge. Blind Spot Detection and Side Collision Avoidance systems address this issue.
- Blind Spot Detection (BSD): Monitors areas around the truck that are difficult for the driver to see, typically on the sides and rear.
- Side Collision Avoidance: Uses radar or other sensors to detect vehicles in adjacent lanes and provides warnings or even steering corrections to prevent collisions during lane changes.
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Driver Monitoring Systems (DMS)
Driver Monitoring Systems are designed to assess the driver’s alertness and attentiveness. Fatigue and distraction are major contributors to accidents, and DMS helps mitigate these risks.
DMS employs inward-facing cameras and infrared sensors to monitor the driver’s eye movements, head position, and facial expressions. Some systems also detect physiological signs like heart rate.
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Electronic Stability Control (ESC)
ESC is a vital safety feature that helps prevent rollovers and skidding, especially important for large commercial vehicles that carry heavy loads.
ESC uses sensors to monitor the truck’s speed, steering angle, and wheel rotation. If the system detects instability, it applies individual brakes and reduces engine power to regain control.
Product Liability Claims Involving Crash Avoidance Technology
It is helpful to think of legal claims involving crash avoidance technology to be of two types.
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Claims against Truck Manufacturers for Failure to Include Technology
The first type of claims can be brought against truck manufacturers for failing to include collision avoidance and collision mitigation technology in their trucks.
The reality is that crash avoidance technology has been shown by studies to reduce both the frequency and severity of rear-end crashes involving commercial trucks and tractor-trailers. The technology is not new: the first product to provide collision avoidance technology was introduced in 2007.
And it turns out that collision avoidance technology is relatively inexpensive. It can cost as little as $316 to add crash avoidance technology to a new truck. But the problem is, most truck manufacturers do not include the technology as a standard feature. Instead, they offer it as an optional upgrade that costs thousands of dollars.
When manufacturers opt not to incorporate these technologies, they may face civil liability under various legal theories if that omission contributes to an accident. The argument is that the truck is defectively designed and that the manufacturer has failed to warn users of the dangers of not having the technology.
Proving these claims would require the help of expert witnesses, such as accident reconstructionists, engineers, and driving experts. The expert witnesses would need to show that the inclusion of accident avoidance systems like automatic emergency brakes, forward collision warning, or other technology would have alerted the driver of an obstacle and the truck driver would have been able to avoid the collision as a result.
Major tractor trailer manufacturers in the United States today are Volvo, Daimler Trucks North America (Freightliner and Western Star), PACCAR (Peterbilt and Kenworth), Navistar International (International Trucks), and Mack Trucks.
Claims Against Technology Companies for Defective Crash Avoidance Systems
A second type of product liability claim can arise when a truck or tractor is equipped with collision avoidance or collision mitigation technology but the technology malfunctions and a crash occurs. These claims are brought against the telematics company that provided the crash avoidance technology.
There can be numerous reasons why collision avoidance technology does not work as promised. Here are some of the main reasons:
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False Negatives: Failing to Detect Real Hazards
False negatives occur when the system fails to identify a genuine collision risk. These malfunctions are particularly dangerous because they leave drivers unaware of impending hazards.
Failure to activate may be due to the following reasons:
- Unusual object presentation. Sensors may fail to detect smaller vehicles, bicycles, or pedestrians, or the object might be unusual for the system, such as a truck that is perpendicular to the system.
- Non-ideal conditions for sensors, such as nighttime, fog, or other low visibility or extreme weather.
- Poor calibration or misaligned radar and camera systems.
- Software glitches or outdated algorithms that cannot accurately interpret complex traffic scenarios.
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Sensor Malfunctions: Hardware Failures and Environmental Factors
Technology may fail if sensors are blocked or dirty due to mud, insects, debris, sun glare, snow, ice, or dust. There could also be damage to sensors caused by road debris or minor collisions. There could be electrical failures in the sensor circuitry. Any of these problems could cause the sensors to fail.
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False Positives: Overreacting to Non-Threatening Situations
One of the most common complaints with collision avoidance systems is the occurrence of false positives. In these cases, the system mistakenly identifies a harmless object or situation as a potential collision threat, triggering unnecessary alerts or interventions.
Trucks that stop suddenly and without warning can be a dangerous hazard to other motorists.
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Incompatibility with Complex Traffic Scenarios
Collision avoidance systems are typically designed to perform well in controlled or predictable environments. However, real-world traffic is often chaotic and unpredictable, creating challenges for these systems.
Telematics systems may have a difficult time operating effectively in construction zones with unclear or temporary lane markings. In addition, systems may have problems in heavy urban traffic with frequent stops and starts. Roads that have unclear lane markings could present problems to the system operating effectively.
Conclusion
As crash avoidance technology becomes more advanced, affordable, and widespread, the omission of these features in commercial trucks exposes manufacturers to increasing civil liability.
In addition, malfunctions of this technology can also give rise to claims against telematics companies or other companies that provide this technology.
individuals or families who have suffered devastating injuries or deaths may be able to hold truck manufacturers liable for accidents that could have been prevented with available or properly working safety systems.
Please contact our board certified truck accident lawyer, Bob Byrne, if you have a claim involving a lack of collision avoidance technology in a truck or if a commercial motor vehicle had crash avoidance technology that failed.
Call 434-817-3100 or complete a Case Evaluation form
