Self-driving car technology has advanced significantly in recent years. Many are excited by the prospect of a self-driving vehicle, but concerns about the potential for accidents and liability exist. Understanding who can be to blame for a self-driving auto accident is critical if you’re injured. Another person can be responsible, but so can various companies involved in the vehicle's design or manufacture, autonomous software, or another vehicle component.
A car accident attorney in your area with experience in autonomous vehicle litigation will understand the complexities of self-driving vehicle liability and navigate the legal challenges of these accidents. Talk to a Kansas City auto accident lawyer for more information. You don’t pay anything for the consultation; the attorney will only take the case if it can lead to compensation. This ensures that you can access legal experience without upfront costs, making it easier to pursue your claim.
What Is A Self-Driving Car?
The NHTSA reports that most auto accidents happen due to human error. Auto companies are producing driver-assistance tools to help cars and drivers to be safer. Many autonomous driving aids have become common, including emergency braking, automatic cruise control, lane assistance, and blind spot detection.
Self-driving vehicles take these safety advances several steps further. Vehicle and software engineers are trying to make human drivers less critical and, in some cases, unnecessary. However, self-driving vehicles on our roads today are not really ‘driverless.’ These vehicles handle much of the driving load, but a driver is still needed. Car drivers can activate automated driving software but must be vigilant and take control if required. If the person driving the car doesn’t take control of the vehicle when needed, they can be liable for the accident.
The Society of Automotive Engineers has outlined the following automation levels for self-driving cars:
- Level zero is no automation, where the driver controls all driving functions.
- Level one: The driver has limited assistance, such as power steering and brakes.
- Level two: There is partial automation, such as cruise control, but the driver maintains other driving functions.
- Level three: The vehicle can function without the driver's control, but the driver must be ready to assume control.
- Level four: At certain times, the vehicle can function without the driver's intervention. The driver can take over if they like.
- Level five: A fully automated car that can function without a driver. It may not even have a steering wheel or gas pedal.
A Business Insider article in July 2016 claimed 10 million self-driving vehicles by 2020. However, only limited self-driving vehicles are being tested today by dozens of companies. There are few Level three or four vehicles, as complex road conditions have slowed the development of fully autonomous vehicles. Self-driving cars have become more common in recent years, and you should receive compensation if a self-driving car hits you. Determining who is liable is challenging, and only a highly experienced auto accident lawyer will be successful.
Self-Driving Cars Aren’t Safe
The NHTSA has reported at least 400 accidents involving autonomous vehicles in recent years. At least five people died in those crashes, and six had serious injuries. These incidents happened in less than a year, so many more accidents have occurred since self-driving cars hit the roads. Some studies suggest that self-driving vehicles have more accidents than those driven by humans.
A Tesla recall in 2023 underscored the risks of self-driving vehicles. The car company recalled 365,000 vehicles to make updates to the self-driving software. Buggy software was the source of several recent accidents before the recall. One of Tesla's biggest problems is that the car sometimes fails to stop at stop signs.
In one accident in California, the family alleged that a defective self-driving system was at fault for a crash that killed a woman and caused severe injuries to her passenger. In this case, the deceased driver owned a Tesla. The car slammed into the back of a firetruck on the scene of an earlier crash. The claim alleged that Tesla marketed the vehicles to lead drivers to believe the autonomous driving system did more than it did.
There are many difficult questions to answer when a self-driving car is involved in an accident that your attorney must address:
- Which party owed you a duty of care and failed to do so, thus causing your injury? It can be another driver, a car company, a software company, and others.
- Who was the party that committed the breach of duty of care?
- Which actions constitute a breach of the duty of care?
- Were your accident injuries due to the technology or a person?
There are still self-driving car accidents in which a person is entirely at fault. Car accidents can happen even when the self-driving or automatic pilot systems work correctly.
Furthermore, there have been cases where a driver hit a self-driving vehicle and left the scene. The liable driver may have thought they escaped liability because no human driver was in the vehicle. For instance, companies running driverless taxis can suffer losses because they don’t know who to file a claim against in an accident.
Talk to a car accident attorney if you think a self-driving vehicle was to blame for your accident. You may have been in the car that allegedly has self-driving features, or you can be a passenger. Another possibility is that you were a driver or passenger in a regular vehicle hit by a self-driving car. Autonomous vehicles have also severely injured pedestrians in some cases. Immediately retain a car accident attorney to perform an independent crash investigation in any of these cases. A successful claim depends entirely on hiring a highly successful, experienced attorney.
Who Can Be Liable In A Self-Driving Auto Accident?
Determining who is liable in a self-driving auto accident includes analyzing the actions of several parties in the crash. These include car owners, car manufacturers, and software developers. Depending on the accident circumstances, liability can involve one or more of the following:
Car Owner Or Operator
The owner or driver of the self-driving car can be partially or entirely responsible for a car accident. Suppose the vehicle was in autonomous driving mode. In that case, the owner may remain liable if they failed to maintain the vehicle properly or didn’t comply with regulations for self-driving vehicles. The driver could be responsible for the accident if the car owner took control just before the crash.
In Missouri and most states, the owner of a self-driving car must obey regulations to ensure the car runs safely and effectively. If the car owner doesn’t perform critical maintenance or follow warning signals from the vehicle, they are liable for an accident. Failing to meet these responsibilities puts others at risk and can have significant legal consequences.
Car Manufacturer
Self-driving vehicle manufacturers can be responsible for a car accident because of a defect in the design or manufacturing phase. If your car accident attorney can show that the self-driving car was in an accident because of a design or manufacturing flaw, the auto manufacturer can be liable. This aspect of accident liability is evolving because autonomous cars are being regularly updated and improved. If the vehicle doesn’t perform its self-driving aspects properly, accident victims can obtain compensation from the manufacturer.
Furthermore, if the self-driving software does not work as designed, there can be manufacturer liability. For example, suppose a software bug prevents the car from recognizing a tractor-trailer in an intersection, and there’s an accident. In that case, the manufacturer can be liable for not ensuring the software works correctly.
Software Developers
Software developers for autonomous vehicles can be responsible if there’s a software failure. The autonomous aspects of the motor vehicle are primarily dependent on software function; any problems from programming errors or poor testing can make the software company responsible for your injuries. If your attorney proves that a buggy algorithm caused the crash, the software development company can be liable.
Software developers must ensure their programs are safe and reliable to provide robust self-driving functions. Developers must produce reliable algorithms that process real-time information instantly to make vital, safe driving decisions. If the developer doesn’t stick to autonomous vehicle standards, they can be liable in a claim or lawsuit.
Self-Driving Car Maintenance Company
Another potentially liable party is the vehicle maintenance provider. If the maintenance company doesn’t do certain repairs or inspections and there is an accident, they can be liable for negligence. This highlights the importance of routine autonomous vehicle maintenance, and your auto accident attorney will verify that the owner performed the maintenance correctly.
How Is Self-Driving Car Liability Determined?
Determining liability in a self-driving car crash is challenging. The answer hinges on what caused the accident. This can be extremely difficult without advice and testimony from legal and technical authorities who will dig into the details, including how the vehicle and software function.
An autonomous vehicle accident investigation should center on several critical factors, such as speed, direction, weather, and road conditions, any vehicle failures or maintenance problems in evidence, and whether any driver was negligent. Eyewitnesses to the accident may be deposed to understand their view about the crash. Authorities will likely download data from the vehicle for evaluation.
The liable party’s insurance company will investigate the accident. However, the insurance adjuster for the liable party doesn’t have your best interests at heart. You should always have an experienced car accident lawyer handle your claim. The lawyer will independently review the accident to determine the cause.
Retaining technology and autonomous vehicle professionals for the claim will be critical. Your auto accident attorney can hire the needed technological experts to testify about the car and software to prove what happened and why. Only an experienced auto accident lawyer can access the professionals to prove your case.
Product Liability Claims And Self-Driving Cars
Another reason to hire a car accident attorney in a self-driving car accident is there can be a product liability lawsuit. This option can lead to higher compensation if the company that made the car or software was negligent. In this case, you can file a product liability claim alleging that the defective vehicle or part had any of the following issues:
- Design defects occur when the car, software, or part design is unreasonably dangerous when considering the product’s purpose.
- Manufacturing defects occur when the design is correct. However, something went wrong during manufacturing, causing the product to be too dangerous.
- Marketing defects happen when the seller or manufacturer knew or should have known of a product's danger but didn’t recall it or warn the public.
A product liability lawsuit is an attractive legal path if appropriate because more insurance will be available to pay your losses. Also, the firm should have sufficient assets to cover a judgment if they didn’t have enough insurance to cover your losses. A personal injury lawyer can review your claim to determine if a person, company, or other entity is liable for your losses.
Contact A Car Accident Attorney Today
When you’re in an accident with a self-driving vehicle, retaining an experienced auto accident attorney is critical. Autonomous cars and applicable laws are evolving, and only a seasoned attorney should be relied on to handle your claim. Specifically, you need an attorney who understands the details of car accidents and the technology that powers self-driving vehicles. Autonomous vehicles rely on new technology, algorithms, and AI, so you should hire a skilled attorney who can understand how the crash happened.
For example, if the self-driving vehicle slowed suddenly for no reason, something likely went wrong with the vehicle or software. However, determining the cause of the crash is harder when nothing noticeable happens. A self-driving car crash investigation requires a highly technical expert witness with specialized knowledge.
Talk to a personal injury lawyer experienced with self-driving vehicle claims today to learn if you have a claim. A contingency agreement compensates a car accident attorney. You don’t pay out-of-pocket legal expenses; you pay only if you win.
