Advances in technology have become prominent in the 21st century, leading to the production of autonomous vehicles. As such, self-driving cars are designed to partially or entirely replace the human driver when operating a vehicle while ensuring road safety by adhering to signs and signals and responding to traffic conditions.
While autonomous vehicles are created for humans’ comfort and convenience, limitations and restrictions to such technology still arise. In most cases, self-driving vehicles are still prone to car accidents, endangering the lives of occupants and bystanders.
Generally, the driver who causes a car accident should be liable for the damages. But what about self-driving accidents? Depending on the circumstances of the accident, the driver of the self-driving vehicle, the manufacturer, or other road users may be responsible for the accident.
In this article, we will explore the rapidly changing field of autonomous driving and the complex legal issues associated with self-driving car accidents.
How Do Self-Driving Cars Operate?
A self-driving car, also known as an autonomous vehicle, operates without human intervention to control steering or acceleration. Although relatively few self-driving vehicles are currently used on roads and highways, Tesla has developed several models capable of autonomous driving under specific conditions. However, drivers must remain attentive and ready to intervene while using these vehicles if necessary.
An autonomous vehicle uses sophisticated software algorithms, cameras, radar, light detection and ranging sensors, and GPS to navigate and function without human involvement. These cars interpret and process data from their environment in real-time to make intelligent judgments regarding steering, braking, acceleration, and navigation.
Currently, self-driving vehicles progress through six stages of driver assistance technology innovation as defined by The Society of Automotive Engineers:
- Level 0: No Driving Automation – The driver performs all functions without technological aid.
- Level 1: Driver Assistance – Vehicles assist the driver with basic tasks like acceleration, braking, and steering. Most vehicles on the road today belong to this category.
- Level 2: Partial Driving Automation – Advanced driver assistance systems enable vehicles to manage steering, acceleration, and deceleration. However, human intervention is still necessary, as a person occupies the driver’s seat and can take control when needed.
- Level 3: Conditional Driving Automation – Level 3 vehicles possess “environmental detection” capabilities and can autonomously make decisions, such as overtaking a slow-moving vehicle. Yet, they still require human oversight. Drivers must remain alert and prepared to intervene if the system encounters challenges.
- Level 4: High Driving Automation – In the event of system failure or unforeseen circumstances, Level 4 cars can intervene to ensure safety. These vehicles typically do not require human interaction but can still be manually overridden.
- Level 5: Full Driving Automation – Vehicles at this level are entirely autonomous under all circumstances and scenarios. While fully autonomous vehicles are undergoing testing, none are currently available for public use.
How Often Do Self-Car Accidents Happen?
Drivers are reluctant to purchase autonomous vehicles because self-driving technology is still in its early development and deployment stages. With fewer self-driving vehicles on roads and highways, self-driving car accidents are comparatively infrequent but still occur.
In fact, according to the National Highway Traffic Safety Administration, nearly 400 accidents in the United States involved vehicles equipped with contemporary driver-assistance technology within ten months.
Despite the potential of current self-driving technology to decrease accidents by approximately 34%, a 2020 study conducted by the Insurance Institute for Highway Safety analyzed around 5,000 accident reports and found that autonomous vehicles still encounter challenges in mitigating driving errors related to prevention, planning, decision-making, and execution.
Even if crashes involving self-driving cars are rare, continued development, research, and regulation work to improve the security and dependability of these vehicles to reduce the likelihood of crashes in the future.
Can I File a Claim for a Self-Driving Car Accident?
If your self-driving vehicle hits you, you might wonder if you have the right to file a personal injury claim for compensation. And if yes, who are you supposed to file the case against? The answer lies in the circumstances surrounding the self-driving car accident. However, in general, you may pursue a case against the at-fault driver regardless of whether they are using an autonomous vehicle or not.
Who Can Be Liable?
The Driver of the Self-Driving Vehicle
Today’s autonomous vehicles still require human operators to oversee and take over when needed. So, in self-driving collisions, the driver must be responsible for the damages if they fail to fulfill their duty of care and act negligently, resulting in the crash. Negligent actions such as speeding or distracted driving can contribute to crashes, making the driver liable for damages.
Moreover, if a driver is behind the wheel while the vehicle is in autopilot mode and fails to intervene despite foreseeable danger, they may also be held accountable for accident-related expenses.
However, to be entitled to compensation, you must sustain injuries and other damages from the crash. If you do not, your case will likely be dismissed.
Vehicle Manufacturer
In certain cases, the vehicle manufacturer may be responsible for a self-driving accident, particularly if the crash occurs due to a defective product or malfunctioning component.
For example, you activated the vehicle’s automatic transmission function since you thought there were no apparent risks. While traveling, you saw a deer that ran into the road from afar, so you took responsibility and tried to slow down and hit the brakes. However, the vehicle continued despite doing so, resulting in a collision.
In this case, the vehicle manufacturer would likely be held accountable for the damages resulting from the crash.
While possible, filing a claim against the vehicle manufacturer may be challenging, especially since they have the resources to create a solid defense team to disprove your case. This is why hiring a competent attorney from an accident injury law firm who can protect your rights by gathering the necessary evidence to support your claim is crucial.
Other Entities
Sometimes, neither the driver of the autonomous vehicle nor the vehicle manufacturer causes a self-driving car accident. Some entities, such as other drivers or road users, may be liable for the damages if their wrongful actions caused the collision.
For example, you were driving an autonomous vehicle when a drunk walker suddenly darts into traffic. You failed to take over and hit the brakes since you did not anticipate and see the risk. Similarly, the autonomous vehicle failed to analyze the threat since it was abrupt. The impaired pedestrian can be responsible for the damages in such an instance.
Local agencies can also be accountable for the damage caused by a car accident if they fail to maintain the road in good condition, resulting in a crash.
Several factors need to be assessed to determine the liable party, so it is best to hire a car accident attorney who can build your case, examine the facts of the crash, and prove liability while you focus on your recovery.
Conclusion
Even though autonomous car technology can potentially increase traffic safety, incidents involving these cars nonetheless pose complex legal issues. In these situations, determining culpability frequently entails evaluating the conduct of all parties involved, including the manufacturer and the vehicle driver.
Due to the complexities involved in a self-driving car accident, it is highly recommended that you seek assistance from an experienced car accident lawyer who has the knowledge, experience, and resources to overcome complicated issues and fight for fair compensation for you.