GPS Caused My Accident!

by Kristen White Blogger

Millions of people rely on GPS apps to get them to where they need to go each and every day. In most cases drivers arrive at their destination without incident. However, there are some situations where a driver may listen to the GPS app to their detriment. Resulting in an accident while following directions literally or sustaining damage when the app fails to warn of low clearance. This article will discuss liability for damages when an accident is caused by a failed GPS app.

GPS devices today contain sophisticated features, so much so that they update drivers on real-time issues including changes in traffic, speed traps and detours. They may also contain photo-realistic displays that highlight highway interchanges and information about geographical features. The varying models and advancements in GPS devices have resulted in critics blaming them for adding to distractions and deterring the attention of drivers from the road signs that may alert them to dangers. Some apps even go so far as displaying information on the windshield instead of on a mounted car device or phone app. The result is often that the driver focuses on the directions given by the GPS device and he or she may miss unexpected dangers.

While critics may criticize GPS devices for not being advanced enough, the reality is that such devices lag behind real-time changes. This can include roads that have been closed for construction, flooding conditions, temporary detours and roads restricted during certain hours.

Before touching on the issue of liability it is important to take note that the GPS app may include a long set of disclaimers under its terms of conditions. Such conditions may state that the app is not guaranteeing that all important information is revealed and stating that it is not responsible for accidents that result in relying on the app. Additionally, the terms of conditions may also state that the app may contain mistakes and may not be able to keep up with contemporaneous information such as construction areas. In order to download the app, app users must agree to these terms of conditions.

That being said, some GPS device manufacturers have been sued in the past based on negligence principles. One case was filed against a large GPS manufacturer for failing to warn that the devices should not be used on commercial vehicles as the devices did not alert when these trucks would come in low clearance areas that may result in damage to the top of the vehicle.

While GPS apps are widely used, they are relatively new. As a result, there is limited case law on the issue of GPS liability. One key concern involved in filing a claim is establishing the source of the problem. For example, there may be an issue involving the software itself or a temporary glitch resulting in missing information or a defective satellite may be to blame. In some of these instances potential product liability claims apply. However, if the app is considered a service rather than a product these claims would not be available.

If you are looking for accident claims advice regarding GPS related accidents speak to an experienced accident claims lawyer.

Resource Box: For experienced attorneys in Anchorage Alaska the author recommends the Crowson Law Group.