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Last Modified on May 27, 2026
Automatic electronic braking (AEB) systems are designed to keep us safe. Unfortunately, they don’t always work as intended. When that happens, car accidents can occur due to the malfunctions. Find out who is liable after an AEB crash in Oklahoma City to determine which party or parties to file a claim against.
Potentially Liable Parties
The liable party will depend on the specifics of what happened during the accident. AEB accidents can still involve human error, which causes the majority of car crashes. Depending on the circumstances of your crash, liability may be held by:
- Another driver: Driver negligence is a top cause of accidents on both local interstates, such as I-40 and I-35, and major surface streets like Western Avenue. It includes impaired driving, distracted driving, and fatigued driving, speeding, tailgating, making improper lane changes, and failing to obey local traffic laws. Other drivers may or may not have AEB systems in their vehicles to help them avoid crashes.
- You: The drivers of self-driving cars, including those that utilize AEB systems, are liable for any damages caused by the accident. You can’t rely on your car’s automatic braking system exclusively to prevent a crash.
- The vehicle manufacturer: If a design defect led to the vehicle not braking when it should, its manufacturer may hold full or partial liability for causing the accident, even if the driver is also assigned some percentage of fault.
- Software designers: If it were the software, in particular, that was defective, the software designer responsible for creating it could hold some liability for your accident. You’ll need to have evidence that the system was defective and that the defect caused your accident to hold them liable.
- Component manufacturers: Many auto manufacturers do not build their own AEB hardware from scratch. They use systems manufactured by third-party suppliers (such as Bendix and Wabco). If a specific hardware component, sensor, or radar unit failed due to a manufacturing or design defect, the third-party supplier could hold liability for your crash.
Your lawyer can help you determine which parties to hold liable for a crash involving the AEB system. Oklahoma is a modified comparative negligence state under OK Statutes 23-13. That means you could still be eligible to recover some compensation even if you were deemed partially liable for the crash. Your settlement amount will, however, be decreased by your percentage of assumed fault.
How Effective Are AEB Systems?
One recent study found that AEB systems are responsible for a 52 percent reduction in rear-end crashes. This statistic applies to models studied that were built between 2021 and 2023. Older models aren’t quite as effective at preventing accidents. The same study cites a 46 percent reduction in accidents across model years 2015 through 2017. Unfortunately, AEB systems can also cause accidents when they malfunction, as is the case with phantom braking.
Determining Liability in Rear-End Collisions Involving AEB Systems
Drivers have a responsibility to follow other vehicles at a safe distance, given their vehicles’ speed, the road conditions, and other factors. As a result, the trailing driver is usually found to be at least partially at-fault in rear-end collisions, even if an AEB system failure played a contributing role. There are, however, some circumstances in which the lead driver is found to be fully or partially at fault.
Common Causes of Rear-End Collisions
Rear-end collisions are the most common type of crash caused by defective AEB systems. Common causes of rear-end collisions include:
- Trailing drivers who are not paying attention to the road
- Using a phone while driving
- Failing to stop within a reasonable time
- Driving at an unreasonable speed
- Drunk or drugged driving
- Improper vehicle maintenance
- Failing to follow at a safe distance
- Brake-checking, or braking suddenly to surprise a trailing driver
Collecting Evidence to Prove You Were Not Liable
You’ll need to collect evidence to prove that you were not liable for a rear-end collision, whether you were the front driver or the rear driver. That evidence can include:
- Police crash reports
- Photos and videos of the scene
- Witness statements
- Surveillance or traffic camera footage
- Repair and mechanic reports
Working with an Oklahoma City car accident attorney on your AEB crash case is the most effective way to make sure you don’t miss any essential evidence that could help to prove that you were not liable for the crash. Car accident lawyers understand AEB crash laws and how to prove that vehicle manufacturers or software designers held partial responsibility for the accidents they have caused by manufacturing defective systems.
FAQs
Is Oklahoma a Not-at-Fault State?
Oklahoma is not a not-at-fault state for car accidents. It’s an at-fault state, which means the person who causes a crash is responsible for paying for damages. Victims can pursue compensation through the at-fault driver’s insurance company or file a claim in civil court to get the money they need to pay hospital bills, make up for lost wages, and get compensated for non-economic damages.
How Do Insurers Determine Who Was at Fault in Oklahoma City?
Insurers determine who was at fault in Oklahoma City by assigning a claims adjuster to investigate the case. The adjuster will reconstruct the crash using the available evidence, including the police report, photos of the damage to the vehicles, statements from witnesses, and local traffic laws. In many cases, multiple parties hold partial responsibility for crashes, in which case they are assigned a percentage of fault based on comparative negligence rules.
What Is the Three-Collision Rule?
The three-collision rule refers to how internal injuries occur during accidents. The first collision occurs when the car hits another vehicle or object. The second one happens when a passenger hits the car. The third collision is what causes the majority of the damage to an accident victim’s body, and it happens when the person’s internal organs hit their skeletal structure.
Why Should You Never Admit Fault in an Accident?
You should never admit fault in an accident because the at-fault party is liable for paying for all the damages from the crash. If you were partially at fault, you may still receive some compensation under Oklahoma’s comparative negligence car accident laws. However, if you were 51 percent at fault or more, you won’t be able to recover damages.
Hire a Car Accident Lawyer Today
If you’ve been in a car accident due to a malfunction of your car’s automatic electronic braking system, you need to hire a car accident lawyer who has experience dealing with AEB crashes. The team here at Fulmer Sill can help. We have over 200 years of shared legal experience, including extensive experience in handling AEB accidents and a clear understanding of who to hold liable for your injuries. Contact us to schedule an initial consultation today.
