Each year, thousands of motor vehicle crashes are caused by an unexpectedly frequent yet frequently underappreciated reason: pedal misapplication. Whether a driver presses the accelerator pedal when he or she means to press the brake, or when both pedals are pressed at the same time, pedal misapplication can cause sudden unintended acceleration, loss of vehicle control, and injuries or deaths.
This article delves into what pedal error is, why it occurs, the kind of accidents it is responsible for, who is most likely to be at risk, and the legal aspects involved. If you or a loved one are a victim of an accident suspected to involve pedal error as a victim or driver, it is essential to know your rights and alternatives.
What Is Pedal Error?
Pedal error refers to an incident in which a driver unintentionally presses the wrong pedal in a vehicle, typically confusing the accelerator and the brake. In some cases, the driver may attempt to brake but instead accelerates, compounding the danger. The error can occur at any speed but is especially dangerous at low speeds, in parking lots, driveways, or while pulling into or out of traffic.
There are four common types of pedal error:
- Accidental acceleration when intending to brake
- Delayed braking due to foot hesitation or misplacement
- Simultaneous depression of both pedals
- Failure to release the accelerator in time
While many people associate such mistakes with new or elderly drivers, pedal errors can happen to anyone, even experienced drivers, under the right conditions.
Common Scenarios Where Pedal Error Occurs
Pedal errors often occur in low-speed environments or situations that demand quick reaction times. Some common examples include:
- Pulling into or out of a parking space
- Backing out of a driveway
- Approaching a red light or stop sign
- Navigating tight or confined spaces
- Attempting to park in garages or enclosed lots
- Driving under stress or distraction
The result can be devastating: a vehicle might lurch forward and strike a pedestrian, crash into another car, smash through a storefront, or careen into oncoming traffic.
Causes of Pedal Error
Understanding what causes pedal error is key to prevention and liability assessment. Contributing factors include:
Driver Inexperience
New drivers may lack muscle memory or familiarity with the layout of pedals in their vehicle. Panic or confusion can easily result in pressing the wrong one.
Driver Distraction or Fatigue
Using mobile phones, adjusting navigation, or talking to passengers can shift focus from the road, increasing the chance of a misstep. Similarly, fatigued drivers have slower reaction times and are more prone to mistakes.
Footwear
High heels, thick-soled shoes, flip-flops, or barefoot driving can affect pedal feel and increase the risk of misapplication.
Cognitive or Physical Limitations
Elderly drivers or those with certain medical conditions may have delayed response times, reduced strength, or difficulty distinguishing between pedals.
Vehicle Design
In some cases, the positioning of pedals in certain vehicles may be too close together or may differ slightly from one model to another. Transitions between different vehicles (e.g., rental cars) can also contribute to confusion.
Statistics on Pedal Error Accidents
According to the National Highway Traffic Safety Administration (NHTSA), pedal misapplication is estimated to cause over 16,000 preventable crashes in the United States every year. While that may represent a small percentage of total crashes, these incidents disproportionately result in severe outcomes due to the sudden and unexpected nature of the impact.
Research has shown that a large number of pedal error accidents involve drivers over the age of 65 or younger than 20, aligning with the inexperience and reflex-based explanations.
Injuries Commonly Associated with Pedal Error Crashes
Because many pedal error accidents happen at low speeds, victims might assume injuries are minor. However, unintended acceleration can generate enough force to cause serious damage, especially in confined or pedestrian-heavy areas. Common injuries include:
- Whiplash and neck injuries
- Broken bones and fractures
- Head trauma or concussions
- Spinal injuries
- Lacerations and bruising
- Crush injuries for pedestrians or bicyclists
In commercial or high-density areas, these crashes may also cause property damage to storefronts, signage, or other vehicles.
Who Is Liable in a Pedal Error Accident?
Liability in a pedal error accident generally rests with the driver who made the mistake, even if it was unintentional. California law requires all drivers to operate their vehicles with due care. Mistaking the gas for the brake does not exempt someone from responsibility if the error causes harm.
However, other factors may come into play:
Shared Liability
If the accident involved multiple parties (e.g., another vehicle blocking the driver’s view), comparative negligence might be assessed. California follows a pure comparative fault system, so damages are allocated according to the degree of fault.
Vehicle Defects
If it can be proven that the vehicle’s design contributed to the pedal error—for example, if the pedals were placed too closely or there was a mechanical malfunction—a product liability claim could be brought against the vehicle manufacturer.
Employer Liability
In cases where a pedal error is committed by someone driving a company vehicle or performing work duties, the employer may be held vicariously liable under respondeat superior.
Legal Recourse for Victims
If you’ve been injured in a crash caused by someone else’s pedal error, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost income
- Pain and suffering
- Property damage
- Rehabilitation costs
Filing a personal injury claim can be complex, particularly when the driver claims the accident was a “mistake.” Insurance companies may try to minimize the payout by arguing that the incident was not due to negligence.
An experienced personal injury attorney can help prove liability by gathering evidence such as:
- Police reports
- Surveillance footage
- Eyewitness testimony
- Accident reconstruction analysis
- Medical records
What If You Were the Driver?
If you were the driver who caused a pedal error accident, it’s essential to notify your insurance company and seek legal advice. While your auto policy may provide liability coverage, you could still face claims from injured parties or even legal consequences depending on the severity of the crash.
In some cases, attending a defensive driving course or medical evaluation may be recommended or required, especially if the error was associated with age, medication, or a health condition.
Preventing Pedal Errors
While not all pedal errors can be anticipated, there are steps drivers can take to reduce the risk:
- Always wear proper footwear with good pedal sensitivity
- Take a moment to orient yourself when getting into an unfamiliar car
- Avoid distractions and stay focused when maneuvering in tight spaces
- Keep your foot poised above the brake pedal in stop-and-go traffic
- Drive at a cautious speed in parking areas or near pedestrians
- Older drivers should consider periodic driving evaluations
- Manufacturers can help by improving pedal design and spacing in vehicles
Newer vehicles are beginning to implement pedal misapplication mitigation systems, including automatic emergency braking and collision avoidance features, to reduce the impact of such errors.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
