Determining Liability in Self-Driving Car Accidents

As self-driving cars gain notoriety, a key question arises: How safe are these vehicles?
First, let’s clarify the difference between autonomous and self-driving cars. Autonomous cars are fully automated and can operate independently in all situations without human intervention. Self-driving cars, on the other hand, can drive themselves but require human passengers to take control if necessary.

Disengagement While Operating Self-Driving Cars

A significant issue with self-driving cars is the problem of disengagement. In 2022, automakers reported 400 crashes involving self-driving cars, with over 70% occurring while the vehicle was in autopilot beta mode. This highlights the uncertainty in predicting what might cause an accident. Understanding the rules and laws regarding liability in self-driving car accidents is crucial.

According to the National Highway Traffic Safety Administration (NHTSA), 956 cases were investigated from 2018 to 2023, some involving self-driving cars. NHTSA found that these cases are complex, with major accidents often occurring at night. At night, vehicle software may struggle to detect scene control measures such as traffic cones and warning lights. Additionally, NHTSA has identified common issues in parking, lane changes, and traffic light detection that need improvement in vehicle software.
Given these challenges, the real question is: Who is liable for self-driving car accidents?

Who Is Liable for Self-Driving Car Accidents?

Determining liability in self-driving car accidents can be complex. Generally, the at-fault driver and their car insurance company are responsible for compensating the other driver’s injuries and damages. Here are some potential liabilities in self-driving vehicle accidents:

Personal Liability:

Despite the autonomous features of self-driving vehicles, drivers are still required to operate them safely. If a driver disengages from autopilot mode and takes control before a crash, they may be held responsible. Additionally, failure to update vehicle software as recommended can lead to issues that result in accidents.

Vehicle Manufacturer Liability:

If an accident is caused by a malfunction due to design flaws, inadequate warnings, or manufacturing issues, the manufacturer may be liable. According to California product liability law, the manufacturer is responsible for harm caused by a defective product.

Third-Party Liability:

Many self-driving vehicles rely on third-party services for real-time data, navigation, and software. If these services fail to provide accurate or timely information, they may be held liable for any resulting accidents.

Software Developer Liability:

Self-driving vehicles use complex internal programming and operating systems. If an accident occurs due to a software glitch, cybersecurity breach, or malfunction, the software developer may be liable. For example, in 2020, 53,822 Tesla cars were recalled due to a rolling stop feature issue. In 2019, a passenger died due to an autopilot mode glitch, highlighting the potential for software-related problems.

Note: A common question is whether liability falls on the driver or the vehicle if a self-driving car hits a pedestrian. In such cases, vehicle owners, manufacturers, and even the software developers may share responsibility. If the pedestrian is not at fault, liability will be determined by lawmakers, the court, and regulators. For more detailed information, you can contact SunsetWest.

Safety and Precautions While Driving Self-Driving Cars

Even though self-driving cars undergo extensive testing, drivers must remain vigilant for their safety:

• Follow Road and Traffic Rules: Adhere to all traffic regulations.
• Use Safety Features: Make use of adaptive cruise control and emergency braking when available.
• Maintain a Safe Speed: Avoid driving at excessive speeds.
• Avoid Congested Areas: Steer clear of heavy traffic whenever possible.
• Update Software: Ensure the vehicle’s software is up to date for optimal performance.

Things to Do After a Self-Driving Car Accident

Ensure Safety

Move away from your vehicle to avoid potential leaks or further hazards.
Contact medical services immediately if you or anyone else is injured.
Notify local authorities or a person who can handle the situation effectively.

Seek Medical Attention

Visit a doctor to assess and treat any injuries, as some injuries may not be immediately apparent.

Gather Information

• Collect all relevant information for authorities and legal purposes, including:
• Contact details of the at-fault party, including address, license number, and driver’s license.
• Contact information of witnesses.
• A copy of the police report.
• Photos or videos of the accident scene.

Speak to an Attorney

An attorney can help strengthen your case and navigate the process of seeking financial recovery or compensation. If you need an experienced attorney, SunsetWest can assist you.

Conclusion

Navigating the aftermath of a self-driving car accident can be complex and overwhelming. It is important to understand your rights and seek justice and compensation. At SunsetWest, we recognize the profound impact an accident can have on your life. Our dedicated team can guide you through the process, help you understand your rights, and assist in obtaining the compensation you deserve. Contact us today for a consultation.