Deciding who’s at fault after an auto accident has typically depended heavily on police reports, witness testimony, and plenty of he said/she said arguments. Those days are quickly coming to an end though. Artificial intelligence and telematics are now providing insurance companies and attorneys with objective data that can paint an incredibly clear picture of exactly what happened during a crash.
There’s more good news.
This new technology is making determinations regarding comparative negligence fault more accurate than ever.
Let’s dive into how it all works.
How AI and Telematics Actually Work in Accidents
Before getting into the nitty gritty of how AI and telematics are making big impacts on comparative negligence fault, let’s make sure everyone understands how they actually work when involved in an accident.
Devices known as telematics track driver behavior using either an app on your phone or an installed device in your vehicle. Everything from speed and braking habits to location and acceleration can be monitored.
So when two cars crash, each telematics device has a complete timeline of every action that occurred leading up to the accident.
Artificial intelligence is then used to…
AI analyzes the data collected by telematics devices and compares it to previous accidents. By using machine learning, AI can evaluate the decisions made by each driver leading up to the crash and predict who is at fault.
Expert Tip: NHTSA estimates that around 39,345 people died in traffic accidents in 2024. Over 90% of car crashes are caused by human error. AI and telematics data give us insights into those errors.
Why Comparative Negligence Fault Is Getting a Tech Upgrade
Before diving deeper, let’s take a second to define some legal terms. Comparative negligence fault comes into play when more than one person is responsible for causing a car accident. Florida allows drivers to receive or owe compensation from other drivers that they share fault with. For example, if driver A hits driver B, but driver B was partially at fault too, their respective levels of negligence can be compared to determine liability and damages.
The problem with comparative negligence fault used to be…
…figuring out each driver’s level of fault. Without any hard evidence, it was typically a guessing game. Whose word would you believe? What physical evidence could you find? An Orlando car accident lawyer will tell you that proving comparative negligence fault was nearly impossible without a major piece of evidence.
Not anymore though.
Thanks to AI and telematics, there’s a lot less guessing when it comes to who did what leading up to a crash.
With objective data that tracks each driver’s movements leading up to an accident, insurance companies and attorneys can easily calculate comparative negligence fault.
Makes sense when you think about it. If Driver A was speeding and Texting Driver B wasn’t using their turn signal, there’s no question who deserves more fault.
How Telematics Data Is Used as Evidence
AI and telematics data is revolutionizing the way auto accident claims are processed. As of 2024, over 21 million policyholders in the United States used telematics technology that allowed their insurer to track their driving data. As more and more drivers use these systems, more data will become available for calculating comparative negligence fault after accidents.
Here are some of the things that telematics devices can track:
- Speeding habits
- Location data
- Hard stops and abrupt acceleration
- Texting and driving habits
You get the point. Anything that is tied to human error while driving can be tracked by telematics devices. This information can be used as evidence when deciding who is at fault during a car accident.
And AI technology can take that data one step further.
With advanced AI programs, telematics data can be analyzed along with information about traffic patterns, weather conditions, and road layouts. This can provide an even better understanding of how an accident occurred.
AI and telematics allow for almost instantaneous analysis of the data needed to prove comparative negligence fault. Where one party is more at fault than the other.
What This Means for Drivers and Legal Claims
AI and telematics are changing auto accidents claims. Drivers should know that if telematics data is available in your accident, it will be used. This makes defensive driving more important than ever. These systems can prove you were in the wrong just as easily as they can prove you weren’t.
If you are involved in an auto accident where comparative negligence fault is in question, telematics data can make or break your case. No more confusion or conflicting stories.
Courts are even starting to recognize AI and telematics data as admissible evidence. Accident reconstructions powered by AI are already being used in courts across the country.
That’s especially important for states that follow modified comparative negligence laws. The more accurate the percentages of fault, the more fairly compensation can be calculated.
What About Privacy?
It’s a fair question.
Telematics systems track every move while you drive, and not everyone is comfortable with that level of monitoring. While telematics may allow you to prove your innocence in an accident, it can also be used to help insurers prove you were at fault.
Many insurers offer optional telematics programs that you elect to join. In exchange for allowing your provider to track your driving behavior, you may be given discounts on your policy. However, as telematics technology advances and becomes standard in new vehicles, that could change.
The moral of the story? Know what data your car or phone is collecting and how your insurer can use it.
Pulling It All Together
AI and telematics are changing the game for comparative negligence fault in auto accidents. Instead of arguing about who is more to blame, that kind of information can finally be calculated based on facts.
To review:
- Telematics devices track driver behavior before and during a car crash.
- AI analyzes that data and compares it to previous accidents.
- This allows attorneys and insurers to calculate comparative negligence fault percentages based on facts instead of guessing.
- Information from telematics devices is quickly becoming admissible evidence in courts.
- If you have telematics data involved in your accident, it’s likely to be used. Always drive defensively.
AI and telematics technology are only going to get more advanced. If you’re filing a claim or disputing one, knowing how they work is no longer optional.







