In recent years, driverless cars have become a growing phenomenon. From Tesla’s semi-autonomous Autopilot to Uber’s self-driving vehicles, the introduction of cars that are able to control themselves without the aid of a physical person has significantly changed what it means to be a driver on the road. Driverless cars have been an incredible step forward in innovation, but, as it often happens with change, there are always issues brought to light as well.

Recently, there was a Chicago Tribune article about a Tesla in Autopilot mode that sped up before crashing into a stopped firetruck. The accident caused injuries to two people, the driver of the Tesla and the driver of the firetruck. Police suggested that the Tesla had most likely been following another vehicle, dropping its speed to 55 mph to match the leading vehicle, which probably then changed lanes, resulting in the Tesla automatically speeding up to its original preset speed of 60 mph without registering the cars that were stopped ahead and crashing into the firetruck.

According to the police report, the driver of the Tesla informed the police that she had been driving under the impression that the Tesla’s automatic emergency braking system would be able to detect the traffic and stop before it hit another vehicle. The driver had owned the car for two years and used the semi-autonomous Autopilot feature on all types of roadways, including the Utah highway she had crashed on. The police said that the car data showed that the driver of the Tesla had not touched the steering wheel for 80 seconds before the crash because she had been looking for her phone and comparing different routes to her destination. When asked about the accident, Tesla pointed out that “drivers are continually reminded to keep their hands on the wheel and maintain control of their vehicle at all times while using the Autopilot system.”

In another accident concerning Uber and its self-driving vehicles, a woman was hit by one of the robotic vehicles while she was crossing a darkened street in Arizona, resulting in her being killed. This was the first death that had involved a fully autonomous vehicle, raising concerns about the safety of computer-controlled cars that are being built by Uber and several other companies. Although it is considered a fully autonomous vehicle, Uber hires safety drivers to try and prevent any accidents such as the one that occurred in Arizona. From a video released by Tempe police, it is shown that the Uber driver was repeatedly looking down before hitting the woman and neither the car’s system nor the driver managed to stop the Uber in time. The safety driver is supposed to take control of the car when its sensors and algorithms are unable to register what the circumstances are.

These types of accidents have led to a growing concern as to where to draw the line when it comes to just how much control to give driverless cars. In the two incidents described above, it is clear that the drivers were a good deal at fault, but they also highlight increased worry that comes with more and more driverless cars being put on the road. Even a slight flaw in those programs or some unforeseeable circumstances could have a severe, potentially life-threatening impact on a person. It’s imperative that drivers, even those sitting behind the wheel of a driverless car, should always err on the side of caution and be safe. Assuming that the car, without a driver’s aid, can control itself and adjust to any situation is a risk not worth taking.

I recently had the chance to sit down with a good friend who happens to also be a physician. Here are some of his answers to common questions related to motor vehicle accidents and injuries.

What are the most common delayed car accident symptoms?

If I had put it in order I’d say musculoskeletal because you hit something and don’t realize how hard you hit it and a day later your sore almost like working out and you are sore the next day. Sometimes an occult fracture can have more serious ramifications that occur later. An occult fracture is almost like a stress fracture or something that didn’t present on X-Rays right away

So why wouldn’t it show on an x-ray?

It’s almost like the splitting of a piece of wood. It hasn’t completely happened yet. It’s in process.

A great analogy would be a pebble hits your windshield and you just get one little speck there and a few days later you have a full blown crack.

Are certain people more susceptible to that type of injury?

The health of someone’s bones can certainly make a difference so someone middle age or older may have more of a propensity than someone younger. That would really be a pre-existing condition issue rather than something occurring just from the accident.

But certainly a preexisting condition can be aggravated?

Absolutely.

Next, sometimes it can be a traumatic brain injury that can occur later. It can be a concussion where neurologically they are intact and then later on, maybe months down the line they have intractable dizziness or they have tinnitus or they have headaches. Perhaps they never had migraines and now they do.

Also, Internal injuries, like bleeding or things like that probably happen more acutely. For example if your spleen is lacerated it would likely show up right away. However there are exceptions. Like a hematoma that decides to increase in size over time. Let’s say it’s a very small laceration of the spleen and it’s trickling blood and it’s not noticed on a CT Scan initially but days later you have a big pocket blood.

Or what if the person doesn’t go to the hospital because I don’t think it’s as severe of an injury and they don’t even have the opportunity get tested right away?

That goes without saying for any of the scenarios. And that happens a lot. People want to think the best and not feel that they are injured and if they feel ok then that seems reasonable. The problem is sometimes these are injuries that are in evolution.

The other issue we seen our practice is that if someone has one or two severe injuries like a significant fracture, another part of their body could be hurt but it’s overshadowed by the more severe injury and they don’t even realize the extent of their injuries.

Absolutely. It’s finding and figuring out what happened immediate and what is in evolution and triaging it appropriately based on the medical need.

So if someone did not go to the hospital right away and then the next day they feel soreness or pain what do you recommend medically?

I think it’s always a good idea to seek out medical care sooner rather than later because you just don’t know what you don’t know and you can’t tell if it’s soreness that’s going to go away or if it’s truly something that smoldering on the inside. So at the very least it’s good idea to go get medical care so you can rule out things. You can get medical tests, whether its x-rays or CT-Scans so you can at least doctors can tell there isn’t something going on, at least right now.

Otherwise, it can be a crapshoot. Your going to have soreness after a jarring car crash, the question is, is any of that soreness substantial with something going on internally or something that will remedy itself with rest and medication.

If someone does have this symptoms a day or two after their car crash where do recommend they get medical treatment? Emergency room, urgent care, family doctor or something else?

If you have a good primary care doctor start with a phone call there and let someone assess you that knows about you and has seen you before. Then they have a way to compare how you were before and how you are now.

This series aims to give current and potential clients information to help them understand the various stages of a personal injury lawsuit. The first part of this blog series has focused on everything that happens before trial. This post will discuss the trial itself.

Your first day in trial will usually begin with discussions between the judge and the attorneys. Often, there are last minute issues about your case that need to be decided by the judge. Once all the issues have been decided, the attorneys will begin selecting a jury. While you will end up with 12 jurors (and an alternate), the original jury pool can be 40-100 people. Jury selection can last a few hours, or a few days – depending on the complexity of the case.

Once the jurors have been picked, the attorneys begin their opening statements. During these statements, the attorneys will tell the jurors what they expect the evidence at trial to be. Opening statements can last 30 minutes or three hours, again, depending on the complexity of the case.

After opening statements, the plaintiff’s attorney will begin to present the evidence. This comes in the form of live testimony from the client, their friends and families, any expert witnesses, just to give you an idea. The defense attorney has the right to cross examine each of witnesses. Once the plaintiff’s attorney has given all the evidence to the jury, they will rest their case. Just as the two prior parts of your trial, this process can take hours, days, or even weeks.

Once the plaintiff is finished and has rested their side of the case, the defense attorney now gets the chance to put on all their evidence in much the same process. At the close of all the evidence, both attorneys get one last chance to speak to the jury through closing statements. The purpose of closing statements is to recap all the evidence that was presented at trial, and to argue why their version of the story is the right one.

The final part of trial is jury deliberation. Before the jurors decide the case, the judge will read a series of instructions that tell the jurors what the law is and how to apply the facts to the law.

Many of the clients we represent tell us that they fear trial, or more specifically, the courtroom itself. There are rules most people don’t know, words most lay people don’t understand, and generally, those who have been in court before were there because something bad happened. Rest assured that your attorney will walk you through each step. If you have a legal question about your case, call our offices, one of our attorneys will be glad to speak with you.

The first six parts of this blog series have covered hiring an attorney, investigation of your claim, getting treatment, pre-suit negotiations, filing suit, and the discovery phase. The next stage in your lawsuit is getting ready for trial.

There is a huge amount of work involved in taking a case to trial, even if the injuries aren’t catastrophic. All the work your attorney has been doing over the last 12 – 24 months must now be brought together in a manner that tells the jury the story of your journey from the date you were injured to right now, and each story is completely unique to each client.

Just a few things that your attorney will work on include interviewing the witnesses that will be called and preparing them to testify; organizing all the documents involved in the case and determining which documents will be presented to the jury; preparing opening and closing statements; reviewing and summarizing any depositions that have been taken to ensure no witness changes their testimony at trial; and working with trial technology companies to create video and 3D renderings of your injury or a surgery you underwent. Depending on the complexity of the trial, anticipate that your attorney will spend weeks, if not months, getting ready.

There is also time spent with the client. After all, the client is the crux of the entire case. You should expect to meet with your attorney several times before the trial to go over your testimony, your medical treatment, your recovery, or perhaps the way that this injury has changed your life forever. Your attorney will want to meet with your friends and family to help tell the complete story of your journey.

We understand how difficult being involved in a lawsuit can be, and the prospect of a trial is daunting for many. If you have a legal question about your case, call our offices, one of our attorneys will be glad to speak with you.