What to Do If You’re Involved in an Electric Vehicle Accident

Electric vehicles are becoming a much more common sight on the road. And whether you drive a Tesla, Rivian, or another EV, the basic rules after an accident remain the same: get to safety, call for help, document what happened, and seek medical attention when needed. But electric vehicle accidents can also raise different issues than traditional gas-powered vehicles. High-voltage batteries, sophisticated vehicle software, driver-assistance technology, and electronic data can all become important after a crash. If you’re involved in an accident with an EV, there are a few things you should know.

1. Treat a Damaged EV With Caution

Your immediate priorities after a serious accident should be getting to a safe location, checking for injuries, and calling for emergency assistance when necessary. With an EV, however, there is another potential hazard to keep in mind: the high-voltage battery. A damaged lithium-ion battery can present electrical hazards and, in some circumstances, release flammable or toxic gases or even catch fire. Battery damage can also create a delayed fire risk, meaning problems may develop after the initial accident.

If you see smoke, sparks, flames, or significant damage near the battery, move away from the vehicle and call 911. Tell the dispatcher and first responders that an electric vehicle is involved. Do not touch exposed wiring or other damaged electrical components. A damaged EV may also require special handling when it is moved or stored. Follow the manufacturer’s recommendations and make sure the towing company knows it is dealing with an electric vehicle.

2. Document the Accident

Once it’s safe to do so, gather the same information you would after any other car accident. Take photos and video of the vehicles, their positions, the surrounding roadway, traffic signals, skid marks, debris, and any visible injuries. Exchange insurance and contact information with the other driver and obtain contact information for witnesses. Don’t overlook details specific to the EV. Photograph the vehicle’s make and model, the location and extent of the damage, and the dashboard or touchscreen if it is safe and practical to do so. These details may help establish the vehicle’s condition immediately after the collision.

3. Don’t Assume “Self-Driving” Means the Car Was Driving Itself

Today’s terminology can be confusing. A vehicle may be marketed as having Autopilot, Full Self-Driving, highway driving assistance, or another advanced driver-assistance feature. But that doesn’t necessarily mean it is a fully autonomous vehicle. The National Highway Traffic Safety Administration (NHTSA) classifies driving automation on a scale from Level 0 to Level 5.

At Levels 0–2, the driver is still responsible for operating the vehicle. Level 0 may include features such as automatic emergency braking or lane-departure warnings, while Level 1 can assist with either steering or acceleration and braking. At Level 2, the vehicle can assist with both steering and acceleration or braking at the same time, but the driver must remain attentive and ready to take control.

Levels 3–5 involve increasingly automated driving. At Level 3, the system can handle the driving task under certain conditions, but the driver must be available to take over when requested. At Level 4, the system can drive without human intervention within specific operating conditions or areas. Level 5 represents full automation, where the system can handle all driving under all conditions without a human driver.

That distinction can become extremely important after an accident. If a driver-assistance or automated driving feature was operating at the time of a crash, an attorney may need to investigate not only what the driver was doing, but also what the vehicle was doing. Depending on the circumstances, questions may include whether the system was engaged, whether it issued warnings, whether the driver attempted to intervene, and whether the technology performed as intended.

4. Tesla Accidents Can Involve Important Digital Evidence

Tesla is a particularly relevant example because its vehicles can store electronic information that may shed light on what happened before or during a collision. For example, Tesla states that the Model 3 is equipped with an Event Data Recorder (EDR). In certain crashes, the EDR may record information about braking, acceleration, speed, direction, location, diagnostic information, and whether certain vehicle systems were enabled or disabled. This information could become significant when there is a dispute about how an accident happened or whether a driver-assistance feature was in use.

For that reason, preserving evidence can be especially important following an accident. Before a seriously damaged vehicle is repaired, disposed of, or otherwise altered, talk with an attorney about whether evidence from the vehicle should be preserved.

5. Tesla’s “Full Self-Driving” Still Requires Driver Supervision

The name can understandably create confusion, but Tesla currently calls the technology “Full Self-Driving (Supervised).” Tesla states that the feature operates with active driver supervision. This matters after an accident because simply learning that Full Self-Driving was engaged doesn’t answer the question of who may be legally responsible. An investigation may need to consider the driver’s actions, the vehicle’s electronic data, the operation of the driver-assistance system, road conditions, other motorists, and potentially other factors. Depending on the facts of the case, questions about the design or performance of a vehicle or one of its systems may also arise. In other words, don’t assume that an accident involving automated technology is automatically the driver’s fault—or automatically the manufacturer’s fault. These cases can require a much closer look at the evidence.

6. Take Care of Your Health and Don’t Rush an Insurance Settlement
   No matter how technologically advanced the vehicle is, the human consequences of an accident remain the same. Seek immediate medical care if you experience symptoms such as pain, headaches, dizziness, numbness, or restricted movement. Some accident-related injuries may not be obvious immediately after the collision. It’s also important to be cautious about providing extensive statements, signing releases, or accepting an early insurance settlement before you know the full scope of your injuries and losses. After an EV accident, moving too quickly can create another potential problem: electronic evidence may need to be located and preserved before the vehicle is repaired or destroyed.

If You’re Involved in an EV Accident, Call Casper & Casper

An accident involving an electric vehicle may require more investigation than simply determining which driver had the right of way. Vehicle data, driver-assistance systems, battery damage, software, and other evidence may all play a role. At Casper & Casper, we help injured people understand their rights after serious accidents. If you’ve been hurt in an accident involving an electric vehicle, give us a call today for a free consultation!