GPS has made driving considerably easier, but it’s also brought new dangers. Wrongful directions can cause crashes and injuries, as well as murky questions of liability. In Florida, where new roads and construction sites are as rapidly changing as they come, using outdated or inaccurate GPS data can be a matter of life or death.
At Dennis Hernandez Injury Attorneys, we have helped clients injured in serious traffic accidents – like those caused a navigation mistake – to collect millions and millions of dollars. We fight to get you paid!
If you were a passenger injured because the driver mindlessly obeyed GPS instructions, you may be wondering: can you get compensation? Who’s legally responsible? And how can a personal injury attorney help?
Let’s break it down.
How Can GPS Errors Lead to Accidents?
Even with high-end satellite assistance, GPS systems are not infallible tools. In reality, they are subject to a variety of problems that could lead to collisions.
Why Do Navigation Errors Happen?
- Wrong turns: GPS maps that are outdated or unclear may direct a driver to turn on a road that does not exist.
- Closed or nonexistent roads: Construction, or changes to traffic patterns, can render GPS directions dangerously imprecise.
- Signal drops: Tall buildings, tunnels or heavy tree cover can disrupt signals and drivers are on their own to figure out where they might be along the route.
- Distracted driving: Drivers may glance at screens or fiddle with GPS devices as they drive, making the approximate moment of a turn less precise.
When all of these factors occur at once, it can lead to a GPS navigation accident Florida drivers didn’t expect — and an innocent victim involved in the wreck.
Who Is Legally Responsible When GPS Causes A Crash?
If you’re injured in an accident after a driver was led by bad GPS directions, you might question who is liable.
Is It Always The Driver’s Fault?
Generally, yes. Under Florida law, it is reasonable to expect any operator of a motor vehicle to remain in control of that vehicle and act in a prudent manner, even when utilizing navigation systems. So, if they see it is directing them to drive into a lake, the driver still needs to use common sense and good judgment.
Nevertheless, there are some exceptions and shared liability situations of your own making according to Florida’s comparative negligence (Fla. Stat. §768.81).
Can The GPS Manufacturer Or Data Provider Be Liable?
Possibly, but it’s rare. In order to attribute third-party liability, you’d have to make a compelling showing of:
- The GPS was defective or provided clearly wrong directions
- No warnings or recalls were ever released by the manufacturer
- The company that supplied map data released unsafe inaccuracies.
They’re usually challenging but not necessarily impossible — especially when you’ve got a seasoned personal injury attorney who knows how to look for product liability angles.
What Should You Do After A GPS-Related Accident?
After any crash, your well-being is the priority — but doing the right legal things can also protect your case.
What Immediate Actions Should You Take?
- Get to safetyand check for injuries.
- Contact law enforcementto file a formal accident report.
- Photograph damage, road signs, debris – even the GPS screen if you can.
- Get statements from witnesses, and their contact information.
- Get medical attention, even if you feel all right — some injuries can be hidden.
- Reach out to a personal injury attorney right away.
If you are involved in an accident, taking a screenshot of the driver’s GPS error or receiving confirmation from a witness that the driver turned unexpectedly (or dangerously) according to directions can be absolutely crucial to your case.
What Role Does Comparative Fault Play In These Accidents?
Florida operates under a type of modified comparative fault system pursuant to §768.81. This means that if you are partially at fault, you can still recover compensation — so long as you don’t bear more than 50% of the blame.
For instance, if the court rules that 20% of the blame lies with the GPS manufacturer, 70% with the driver and 10% with you, your compensation would be decreased by 10%.
As in other GPS navigation situations, a driver who finds themselves in such wrong GPS crash claim scenario may be determined to have unique degrees of fault, and it takes an experienced attorney to navigate that gray area.
What Compensation Can Victims Seek In A GPS Navigations Accident?
Those who are victims of accidents caused by GPS may experience the following:
- Traumatic brain injuries.
- Broken bones or spinal trauma.
- Loss of income from not being able to work.
- Chronic pain or mobility loss.
Your compensation may include:
- Medical expenses (current and future)
- Lost income
- Pain and suffering
- Property damage
- Loss of consortium (for family)
- Punitive damages (in extreme cases)
To ensure that your recovery is maximized, you will require legal representation, and this is especially true in cases with a disputed or multiparty liability.
How Can A Personal Injury Lawyer Help With A GPS-Related Crash?
These cases are not as straightforward as rear-end accidents. “For a plaintiff to recover, the plaintiff must show at least that the defendant-driver was ‘using’ a GPS in such roadway direction, or evidence showing that the defendant’s device failed from product error.
Here’s how a personal injury attorney can assist you:
- Check the GPS device or app at fault in the accident
- Examine navigation history, software and problems with the firmware
- Subpoena GPS producers or manufacturers for related records.
- Aggressively negotiate with insurance companies so you don’t accept less
- Litigate in court if necessary
Additionally, your lawyer will be able to help you manage Florida’s statute of limitations (usually 2 years from the time an injury occurs), so your claim remains unbroken.
Why Do Drivers Trust Faulty GPS Directions?
Today in the real world, drivers routinely obey GPS instructions without ever doubting them — even when a sign definitely makes no sense. But Florida’s law imposes a duty of care on drivers pursuant to Fla. Nothing in section 316.1925 that a motorist shall drive a vehicle in a careful and prudent manner and with due regard to the width, grade, curve, corner, traffic, driver’s view and hindrance from stationary objects or other vehicles.
So, as much as we love technology to take care of our problems, the legal responsibility is on the person in control.
What Makes GPS Navigations Accidents Unique?
This combination of human error, equipment malfunction and vagaries of data gives rise to a host of legal issues not present in typical car accidents, the investigators determined. A driver who prefers to believe their GPS device over road signs or even common sense could easily lead someone into serious danger — and the victim shouldn’t be left holding the bag.
At Dennis Hernandez Injury Attorneys, we have successfully tried complex multi-party cases. We know how to push through red tape and get to the bottom of things.
We fight to get you paid!
Why Choose Dennis Hernandez Injury Attorneys?
You don’t just need a lawyer — you need to hire a legal team that has handled tech-assisted negligence claims. GPS accident lawsuits may include a variety of defendants, including vehicle manufacturers to software companies and we are ready to fight.
Our firm:
- Recovered millions and millions for victims.
- No fee unless you win — we’ll only ever get paid if your case is successful
- Understands how insurance companies think, and how to fight back
We can assist you in holding negligent drivers — and all other liable parties — accountable. We fight to get you paid!
Recommended Reading
- National Highway Traffic Safety Administration – Distracted Driving Overview
- Costly Mistakes to Avoid After an Accident
- Defense Tactics Used by Insurance Companies
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- Florida 18-Wheeler Accident: Settlement Timeline
- Following a tractor-trailer tire blowout accident what course of action should you take?