Reviewed by Adrianos Facchetti, Esq., California State Bar No. 243213. This page has been reviewed for California personal injury information regarding cases involving injuries suffered due to malfunctioning cruise control, unintended acceleration, failure to disengage, or technological defects of the car in Los Angeles. Adrianos Facchetti’s California State Bar membership can be verified at California State Bar’s attorney search.
When Cruise Control Fails on a Los Angeles Road
An attorney who specializes in cruise control malfunctions in Los Angeles can help identify the cause of your crash, such as unexpected acceleration, failure to turn off, faulty driver assist technology, negligent repairs, faulty software, or actions by the other motorist involved. This type of malfunction occurs if the vehicle fails to slow down as expected, speeds up unexpectedly, or otherwise acts in an unintended manner despite the best efforts of the driver to decelerate or shut the system down.
This kind of malfunction can happen on Los Angeles freeways during highway-speed driving or in stop-and-go commuter traffic where a sudden acceleration has almost no room for error. A Los Angeles car accident lawyer familiar with vehicle technology failures can look closely at what actually caused the system to fail and who may be responsible.
Is This a Defective Product, Driver Error, or Repair Issue?
As to whom fault for a cruise control malfunction is assigned rests totally on the cause of the malfunction, which needs to be determined rather than just assumed.
- If the vehicle manufacturer if the malfunction was due to a design or manufacturing defect in the cruise control system
- The cruise control/driver assist system manufacturer if a separate entity from the vehicle manufacturer
- A software or parts supplier, if the malfunction was due to a failure in a part or program
- If service at the dealership involving the cruise control or associated system was done
- If recent repairs at a different location involved the cruise control or associated system
- If the mechanic performed the repair work on the vehicle
- If the maintenance company was servicing company fleet vehicles
- If the vehicle owner knew about the malfunction yet continued to drive the vehicle
- If the driver made some actions leading to the crash despite the malfunction
- If the other driver’s negligent driving led to the crash in addition to the malfunction
- The public agency, in the unlikely scenario that a road condition caused the malfunction
Whether this would become a product liability lawsuit, a negligent repair claim, or a combination would depend on many factors, including whether the cruise control did not disengage when the driver turned it off, the vehicle accelerated without input from the driver, the driver tried to stop the car with braking or neutral shifting, if there were any recalls or warning signs of the malfunction, and if the vehicle had been serviced recently in any way that might impact the system’s calibration or wiring.
Just because there has been a cruise control malfunction does not mean there is necessarily a product liability case. Sometimes, it is due to negligence by a repair shop performing other work on the vehicle. In the event the crash was due to another vehicle malfunction, our Los Angeles vehicle hood flies open accident guide can help you navigate a similar claim.
Evidence that Could Establish the Actions of the Vehicle
Modern automobiles keep track of more data than you might expect, and in many cases, this data is the most telling piece of evidence to reveal the true nature of the situation.
- Electronic Control Module Data
- Event Data Recorder Information
- Diagnostic Trouble Codes
- Vehicle Computer Data
- Repair/Service History
- Dealership Service Records
- Automobile recalls – investigated using the NHTSA recall checker
- Dashcam video
- Police report
- Pictures of vehicle damage
- Pictures of the road/accident site
- Statements from witnesses
- Letters from insurance companies
- Expert analysis of the automobile
The automobile must not be repaired, sold, discarded, modified, or otherwise altered until the cruise control system, computer data, and other relevant parts have been analyzed for a possible malfunction. Once the vehicle’s computer data is overwritten or the computer itself serviced, the evidence needed to discover the cause of failure could disappear forever.
Injuries and Losses After a Cruise Control Malfunction Crash
An unexpected acceleration or a system that fails to disengage can leave a driver with very little time to react, which often makes these crashes more severe than a typical rear-end collision.
Common injuries may include:
- Whiplash
- Soft tissue injuries
- Broken bones
- Head injuries
- Traumatic brain injuries
- Back and neck injuries
- Spinal injuries
- Internal injuries
- Cuts from glass or impact
- Emotional trauma
- Fatal injuries
Losses may include:
- Emergency medical care
- Hospital bills
- Follow-up treatment and physical therapy
- Future medical care
- Lost wages
- Reduced earning ability
- Vehicle repair or replacement
- Rental car costs
- Out-of-pocket expenses
- Pain and suffering
- Wrongful death damages, where applicable
There’s no set formula for what a claim is worth. Value depends on liability, the medical evidence, the vehicle data recovered, repair history, insurance coverage, injury severity, and the long-term impact of the crash. If your case involves a fatality, our Los Angeles wrongful death lawyer resource explains how those claims work under California law.
Deadlines and Insurance Issues to Watch
A claim for an injury suffered in California is usually supposed to be filed within two years based on the California Code of Civil Procedure § 335.1. In case of product defect and a malfunction of the vehicle, the investigation may need to take place much sooner than the deadline requires since the vehicle data, repairs, and recalls could be destroyed long before the deadline for filing a claim arises.
In case the public entity was one of the parties involved, then the deadline could be reduced to just six months based on the California Government Code § 911.2.
The insurance company tends to blame the driver for the accident instead of accepting that there was a malfunction of some systems of the car. This approach is cheaper for them. The information about repairs, vehicle data, software, and recalls should be collected to prove otherwise.
Contact the Law Offices of Adrianos Facchetti After a Vehicle Technology Crash
If cruise control failure caused your crash in Los Angeles, we can help you understand your legal options, including sudden acceleration, a failure to disengage, defective vehicle technology, negligent repairs, insurance disputes, medical bills, and what evidence matters. A free case review costs nothing, and there’s no obligation to move forward.
During your free case review, we can:
- Review what happened
- Discuss whether a vehicle defect, repair issue, or driver error may be involved
- Identify what evidence should be preserved
- Look at medical treatment and vehicle damage
- Answer deadline questions
- Explain what may happen next
There’s no upfront cost to work with us, and no fee unless we recover compensation for you. We won’t promise a specific outcome before understanding the facts, but we can give you a clear, honest read on where things stand. Reach out through our website to talk about your situation.
FAQs About Cruise Control Malfunction Accident Claims
Can I file a claim if cruise control malfunction caused my crash?
Possibly, depending on what caused the system to fail and who was responsible. This could involve a product liability claim against a manufacturer, a negligence claim against a repair shop, or a claim involving another driver, depending on the specific facts.
Who can be liable for a cruise control malfunction accident?
It depends on the cause. The vehicle manufacturer, a system or component supplier, a dealership, a repair shop, the vehicle owner, or another driver may be responsible, depending on what actually caused the failure.
What if the insurance company says I caused the crash?
That claim needs to be measured against actual vehicle data and repair history, not accepted because an adjuster said it first. Electronic control module data and event data recorder information can help show whether the vehicle behaved differently than the driver’s input.
What evidence should I save after a cruise control malfunction accident?
Repair and maintenance records, dealership service history, any recall notices, the police report, and witness contact information. The vehicle itself and its electronic data should be preserved before any repair, sale, or disposal.
Can a defective driver-assist system lead to a product liability claim?
Yes, if the cruise control or driver-assist system had a design or manufacturing defect that caused it to malfunction under normal use. This is generally pursued as a product liability claim, separate from or alongside a negligence claim involving repairs.
What if my vehicle had a recall?
A recall related to the cruise control or driver-assist system can be significant evidence, and it’s worth checking your vehicle’s recall status through official channels as soon as possible after a crash like this.
How long do I have to file a claim in California?
Generally two years from the date of the crash for claims against a private party. If a public entity was involved, that deadline can be significantly shorter, often six months.
How much does it cost to hire a Los Angeles cruise control malfunction accident lawyer?
The Law Offices of Adrianos Facchetti handles these cases on a contingency basis. There’s no upfront cost, and no fee unless compensation is recovered.
