The Rise of Personal Injury Cases Amid Artificial Intelligence and Its Algorithms

Betty Bugle

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The march of technology is unstoppable, promising a future where artificial intelligence and smart algorithms shape almost every aspect of our lives. But beneath this glittering progress lies a shadowy side. A growing surge of personal injury cases is tied to these innovations. 

As AI takes the wheel in our cars, the risks of tech-driven mishaps are starting to emerge. Meanwhile, social media algorithms quietly control our online experiences, often with unforeseen consequences.

This article explores how our obsession with cutting-edge technology is clashing with human vulnerability. These collisions are sparking fresh legal battles and redefining the world of personal injury claims.

The Changing Landscape of Personal Injury Cases

Traditionally, a personal injury attorney would handle cases stemming from common incidents like car accidents, workplace injuries, and slip-and-fall scenarios. However, the nature of these cases is evolving with the integration of artificial intelligence (AI), automated systems, and advanced social media algorithms. 

The legal system is now faced with a new array of challenges, as determining liability in technology-driven incidents can be complex and sometimes ambiguous.

AI and Personal Injury

AI technology has become a significant driver of innovation across industries, from autonomous vehicles to healthcare diagnostics. While these advancements offer numerous benefits, they also pose risks that can lead to personal injury cases.

Self-Driving Car Accidents

Autonomous vehicles, or self-driving cars, are perhaps the most well-known application of AI in today’s society. While they promise to reduce human error on the road, these vehicles have also been involved in multiple accidents, raising serious questions about liability.

Example Case: In a 2018 incident, a Tesla Model X operating on Autopilot crashed into a highway barrier near San Francisco. The crash resulted in the death of Apple engineer Walter Huang. 

This tragic accident highlighted significant legal challenges regarding liability; whether the fault lay with the AI technology, the vehicle manufacturer, or the driver’s actions. 

Tesla contended that Huang was misusing the Autopilot feature at the time of the crash, Reuters reports. In contrast, his family alleged that the system had failed to perform as intended.

Recently, Tesla settled the lawsuit just before the trial was set to begin, highlighting the complexities of accountability in self-driving technology cases. As AI continues to advance, the challenges of assigning fault in such incidents only grow, raising critical questions about legal responsibility.

How do self-driving cars work?

Self-driving cars use various technologies, including LiDAR (Light Detection and Ranging), radar, cameras, and GPS, to gather data about their environment. The data is processed by complex algorithms that allow the car to identify obstacles, recognize traffic signals, and make decisions in real-time.

AI in Medical Malpractice

AI is also transforming the healthcare industry, assisting doctors in diagnosing diseases, suggesting treatment plans, and even performing surgeries. Moreover, trust in AI’s capabilities is on the rise. A 2022 Statista survey revealed that 44 percent of respondents globally are open to relying on AI for healthcare diagnoses and treatments. 

However, this growing trust comes with risks. Misdiagnoses by AI systems can lead to serious injuries or complications, resulting in personal injury claims against both hospitals and technology developers. 

A more concerning fact is that such errors have been observed in widely used AI systems. For instance, a recent study reported by The Hill found that ChatGPT, the popular AI chatbot, had a diagnostic error rate exceeding 80%. This was particularly evident in pediatric case assessments. 

Researchers analyzed texts from 100 clinical challenges published in JAMA and the New England Journal of Medicine, inputting them into ChatGPT version 3.5. The AI’s diagnostic accuracy was measured against the assessments made by physicians. 

Ultimately, 83% of the AI-generated diagnoses were incorrect, with 72% deemed outright wrong and 11% being too vague to count as accurate. 

While this doesn’t discourage the use of such technologies, it highlights the need to avoid over-relying on AI for critical medical decisions. Doing so is essential to ensure a safer and more secure healthcare future.

Social Media Algorithms and Personal Injury

Social media platforms like Facebook, Instagram, and TikTok use algorithms to boost user engagement, often compromising users’ mental health and safety. While these platforms are designed to connect people and share content, algorithmic manipulation has contributed to a rise in cyberbullying and misinformation. This environment has even led to cases of self-harm, resulting in personal injury claims.

Algorithm-Induced Psychological Harm

According to TorHoerman Law, social media algorithms are often criticized for promoting content that increases user engagement by prioritizing sensational or emotionally charged posts. Unfortunately, this focus can lead to increased exposure to harmful or distressing content, which can trigger anxiety, depression, or other mental health issues.

This concern is particularly relevant for teenagers, as a significant portion of this age group regularly uses these platforms.

A study reported by Yale Medicine examined American teens aged 12 to 15. It found that spending over three hours daily on social media doubles the risk of negative mental health outcomes. These outcomes include serious symptoms of depression and anxiety.

These findings have sparked public outrage, leading many parents to file lawsuits due to the harm caused to their children. Recently, CNN reported that 14 attorneys general have sued a major social media platform over its alleged impact on children’s mental health.

How do social media algorithms decide what I see?

Algorithms consider several factors, including your past interactions, such as likes, shares, and comments. They also take into account the type of content you engage with most, the timeliness of posts, and the popularity of the content. They aim to show you posts that align with your interests and behaviors.

Deepfake Technology and Defamation

Deepfake technology, which uses AI to create realistic yet fabricated videos, has given rise to a new form of cyber defamation and harassment. When these AI-generated videos are used to manipulate or falsely represent individuals, the consequences can be devastating, leading to reputational damage and emotional distress.

Example Case: There have been instances where deepfake videos were used to impersonate individuals in compromising scenarios, causing significant harm to their personal and professional lives. 

Victims of these deepfakes have filed lawsuits claiming defamation and emotional distress, arguing that the technology’s creators and distributors should be held accountable.

A recent case involved a Maryland high school teacher, who allegedly created a deepfake audio recording of Pikesville High School Principal making racist remarks. This fraudulent recording not only led to the Principal facing death threats but also resulted in his temporary suspension from the school. 

Such incidents underscore the potential dangers of deepfake technology, as they can severely impact reputations and well-being, similar to what occurred in this case.

How are deepfakes created?

Deep Fakes are typically created using deep learning techniques, particularly Generative Adversarial Networks (GANs). These algorithms analyze large datasets of images and videos of a person to generate new content that mimics their appearance and mannerisms. As a result, the final product can appear remarkably realistic, making it challenging to distinguish from authentic media.

Overall, technological innovations like AI and social media algorithms have significantly changed how we live and work. However, they have also introduced new risks and complications in personal injury law. 

As these technologies continue to develop, the legal system must adapt accordingly, ensuring that victims of tech-related injuries receive the justice they deserve.

Staying informed about these emerging risks and understanding how they might affect you or your loved ones is key. If you or someone you know has been affected by an injury related to new technologies, seeking legal advice is essential. 

Consulting an experienced personal injury attorney can be the first step toward holding the responsible parties accountable.

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