Electric Vehicles & Driver Negligence: What Lawyers Have to Say

Electric Vehicles & Driver Negligence: What Lawyers Have to Say

The popularity of electric vehicles has witnessed a surge because they are sleek, comfortable, and eco-friendly. Many automotive brands are already offering a range of EVs with the latest models getting better every day. The demand for these vehicles is booming in the US market. According to 2022 statistics, electric car sales increased 55% during the year, amassing a sales share of 8%.

While everything about these vehicles sounds great, they pose safety risks on the road like any other car. A study by insurer AXA suggests that EVs are involved in 50% more crashes than their diesel and gas counterparts.  The numbers are disconcerting for drivers and potential victims who may face the repercussions of an accident.

From a legal perspective, the treatment of EV accidents is the same as for other cars. However, lawyers want people to be more aware of the nuances of mishaps occurring due to driver negligence. In this article, we will share some valuable insights regarding driver negligence and potential EV traffic accidents.  

Accident Risks with Electric Vehicles

The risk of driver error is higher in EVs compared to conventional vehicles. The reason is that these cars take only a moment to produce power and accelerate very fast, often catching drivers off guard. Additionally, the following factors contribute to the risk of mishaps. 

Heavy Weight

Since electric cars have the extra weight of batteries, they are far heavier than the gas variants. The weight of an electric GMC Hummer is about 9,000 pounds, with a battery pack alone weighing 2,900 pounds. That’s nearly the entire weight of a Honda Civic. The concern here is that EVs are heavy enough to crush a vehicle if it collides with one. It also poses a serious danger to pedestrians and bicycle riders. 

Minimal Noise

Another reason that increases the risk of EV accidents is that they are practically noiseless on the road. With pedestrians, bike riders, and other drivers missing out on the sound cue, the chances of mishaps run high. They may get much less reaction time when they realize that a fast-moving vehicle is near only by seeing it.

Increased Fire Risk

While the probability of fire during a crash is similar in all vehicles, electric cars burn hotter. A battery fire can reach over 2,500 degrees Fahrenheit, while a gas-powered vehicle burns up to 1,500 degrees Fahrenheit. EV owners can reduce the risk by using certified equipment only at trusted EV charging stations.

LilyPad EV notes that proper infrastructure can mitigate the risk of fire during the charging process. Additionally, drivers should be extra cautious to avoid crashes and collisions. Another risk that requires attention is re-ignition. EV battery packs mat reignite even hours after extinguishing the blaze.

Legal Tips for EV Accident Victims

If a negligent electric car driver causes an accident, you have the same right as a victim as in the case of an accident. Before thinking of the legal aspect, you must prioritize moving to a safe spot because the risk of fire can be life-threatening. Once you are away from the crash site, follow these steps:

Seek Medical Help

Seeking medical help is the first step after reaching a safe spot following an EV mishap. Victims often avoid this step if they do not have visible injuries. However, underlying damage like internal bleeding and concussion may surface later. 

Besides posing health risks, not reporting these injuries can affect your personal injury claim down the road. You cannot seek compensation for injuries without proof of diagnostics or treatment.

Call the Police

The next thing you should do is call 911 and seek police assistance. The accident report created by the authorities is a critical piece of evidence when filing a compensation claim against the negligent driver. While speaking to the police, say nothing about your fault for the mishap. Narrate the event as it happened without emphasizing your role. 

Document the Scene

You need to document the details of the accident because you will need them to establish your claim against the driver. Start by taking photos of the accident scene, the damaged vehicle(s), and your injuries.

Note down the details such as location and time, vehicle details, apparent damage to your vehicle, your injuries, and any skid marks nearby. Also, get the names and contact information of eyewitnesses because they can add credibility to your case. 

Hire a Personal Injury Attorney

Perhaps the most critical step of the process is to hire a personal injury attorney specializing in car accident claims. They will know the nuances of handling different types of accidents, including EV crashes.

According to Burnham Law Firm, a skilled attorney can help you maximize your claim by proving the fault and liability of a negligent driver. Victims should not fall for the bait of a quick settlement from an insurance company. Hiring a lawyer is the right move.

In conclusion, knowing your rights as an accident victim is essential, specifically when you get hurt or die to someone else’s fault. Statistics show that US roadway deaths are increasing even as vehicles become safer.

You cannot undermine the risk from an EV because it is heavier and more dangerous. Caution and defensive driving may help, but it is better to be prepared for the worst. 

Source: Burnham Law Firm, New Orleans, Louisiana

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