Electric vehicles continue to gain in popularity in Colorado, thanks to lowered prices and government tax credits, which have put EVs within reach of even the most budget-conscious consumer. With more EVs on the road, we are seeing an increase in accidents involving these vehicles. However, EV collisions have unique liability issues, so anyone hoping to file an accident claim should coordinate with an experienced lawyer.
Contact The Ferrell Law Firm, PLLC, today to speak with an electric vehicle accident attorney.
How Popular are Electric Vehicles in Colorado?
EV adoption continues unabated:
- In Q3 of 2024, electric vehicles made up just over 25% of the vehicles sold in the state.
- Of those sold in Q3 2024, around 80% were battery-electric vehicles, while the remainder were plug-in hybrids.
- By 2024, there were more than 155,000 electric vehicles registered in Colorado.
- The number of EVs in Colorado jumped by 21% compared to the year before.
These numbers suggest that around 1 in 4 new vehicles sold in the state are EVs, and that share should only grow.
How many EVs get into wrecks? We don’t know what percentage of car accidents in Colorado involve electric vehicles. Nonetheless, the number is probably close to the percentage of EVs on the road.
Differences Between EV and Traditional Vehicle Accidents
Most vehicles on the road still have internal combustion engines (ICEs). In many ways, collisions involving EVs and ICE vehicles are the same. The primary issue will still be fault: who is responsible for the accident? A person who is at fault is liable for paying compensation to the victims.
We have represented those struck by EVs as well as those driving an EV. In many cases, negligent driving is the culprit. A tired, distracted, or dangerous motorist crashes because they did not drive carefully.
However, accidents involving EVs have some wrinkles:
- Product liability claims. An accident involving an EV might be caused by a defect in the vehicle and not driver negligence. In those cases, we might need to sue the manufacturer for compensation.
- Increased risk of life-threatening injuries. Because of their large lithium batteries, EVs are much heavier than other vehicles, so they cause more damage.
- More car damage. EVs are so heavy that they can probably total a smaller vehicle, increasing the need for expensive repairs even in low-speed accidents.
Speak with a Tesla accident lawyer in Colorado if you have questions. We are familiar with all electric vehicles on the road and will work to understand what caused your accident.
Driver Liability versus Product Liability Claims
Accident victims might not know what caused the crash, which is okay. Car accidents are often a blur, and injured victims cannot figure out what happened while they bravely struggle with pain. However, determining EV crash liability is critical if you hope to receive compensation.
- Driver liability. In these accidents, a negligent driver is to blame for the crash, usually for failing to drive carefully. If you were struck by a negligent driver, you can sue them for compensation or submit a claim on their liability insurance.
- Product liability. When the product is defective, then liability might rest with the manufacturer. Suppose an EV suffers an autopilot malfunction. In that case, anyone hurt could bring a claim against the manufacturer, even people in the EV who are injured.
Ideally, a lawyer should quickly inspect the vehicles to see if a defect contributed to the crash. Reach out to an electric vehicle accident attorney quickly.
Product Liability Claims
We might bring a claim when a vehicle is defective, and this defect contributes to the crash. EVs have historically had several problems:
- Battery failures. The lithium batteries in electric vehicles degrade over time, which can lead to performance issues. These batteries might also overheat and catch on fire.
- Sudden acceleration. Many drivers have reported sudden unexpected acceleration (SUA) in electric vehicles. With SUA, the vehicle accelerates without any input on the pedal. A motorist could end up crashing into another car due to SUA.
- Autopilot malfunctions. In December 2023, Tesla recalled more than 2 million of its vehicles over concerns with its Autopilot feature. The National Highway Traffic Safety Administration (NHTSA) investigated nearly 1000 accidents involving Teslas and concluded that motorists often could not detect when Autosteer was cancelled or otherwise disengaged.
If one of these defects leads to an accident, then your attorney might bring a product liability claim against the manufacturer. You might bring this type of claim even if you were driving the vehicle. After all, you are not at fault if a vehicle fails to work as you expected.
What to Do After an Accident with an EV
If you are hurt in a collision with an EV, quickly reach out to an attorney. We can investigate to determine the fault. It is critical to reach out before the EV is fixed, which might happen if the other driver owns the EV. You can ask them not to fix their vehicle, but they might go ahead and ignore your request anyway. An attorney can notify them to preserve evidence.
Injured victims probably do not know how to look for defects. But our legal team can coordinate with product engineers and other experts to investigate a vehicle for malfunctioning systems or parts. Once found, we can bring the right legal claim against a driver or manufacturer (or both).
If you own the EV, then mention to your lawyer any suspicions you have if the vehicle accelerated without any command, or if the autopilot failed to work.
Schedule a Free Consultation with an Electric Vehicle Accident Attorney
The Ferrell Law Firm, PLLC, stays on the cutting edge of legal change. Our law firm understands the unique legal issues that can arise with any electric vehicle, including Teslas. Contact us today to schedule a consultation. We will go over what happened, learn more about your injuries, and analyze if you have a strong legal basis to bring a claim. Call 720-687-2795 to schedule a time to meet.