Understanding the basics of car accident liability can help us determine who to blame. At Compass Law Group LLP, our attorneys have handled all sorts of self-driving and rideshare accidents. We’ll go over the basics of how self-driving cars work, common causes of accidents involving self-driving cars, and who is liable for the damages.
Understanding Self-Driving Cars and Their Automation Levels
Before we can get into liability, we must first define what a self-driving car is. The reality is that very few of these cars are actually 100% automated, and most of them still require a certain level of driver or operator intervention.
The person behind the wheel still needs to be aware of their surroundings and make adjustments to keep the car safe on the road. The Society of Automotive Engineers identifies 6 levels of vehicle automation on a scale from 0 to 5:
- Level 0: There is no automation, and the driver is in complete control of the vehicle.
- Level 1: The driver has minimal driving assistance, such as power steering and power brakes.
- Level 2: The car has partial automation, such as cruise control, but the driver is still the primary force of control.
- Level 3: The car can operate on its own, but the driver must remain aware of their surroundings and be prepared to intervene if necessary.
- Level 4: Under certain conditions, the car can function on its own without driver intervention. However, the drivers can intervene if they want to.
- Level 5: This is a fully automated car that doesn’t require any driver engagement. Some may not even have a gas pedal or steering wheel in the cabin.
As of right now, there are no cars above level 3 on the road. However, some companies are starting to test Level 4 and 5 automated cars. We may start to see fully automated cars on the road in the future, but for now, there is still a level of driver engagement behind the wheel. This also means that who is at fault in a self-driving car accident remains a complex question, as the legal system must determine liability between the driver, manufacturer, and software developer.
Common Causes of Self-Driving Car Accidents
When it comes to self-driving car accidents, your first response may be to start pointing fingers. However, it’s important to note that there’s more than one cause of car accidents, even if it involves a self-driving car.
Pinning liability can get tricky, and the first step is to determine the cause of the accident. Some common factors that cause an accident involving a self-driving car include:
- Software Failures: Even simple features such as cruise control require intricate software to work properly. If this software glitches or malfunctions, it can cause an accident. A common feature to fail is sensors that detect nearby objects or other cars.
- Driver Negligence: As we mentioned earlier, self-driving cars currently on the road still require a certain level of driver engagement. If the driver is not paying attention to their surroundings or is driving negligently, this can cause a collision.
- Outside Factors: Poor road conditions and nasty weather can lead to unsafe driving situations that cause accidents.
Who Can Be Held Liable in a Self-Driving Car Accident?
Once we know the cause of the accident, we’re one step closer to identifying the liable party. It can get complicated to pin down one specific party, especially when it comes to self-driving cars. However, there are a handful of potential parties you can narrow it down to in most cases.
The parties that are most often found to be at fault for a self-driving car accident include:
The Human Operator
Even cars with the highest levels of automation currently on the road require some level of driver interaction to keep the car moving safely. The driver still needs to be aware of their surroundings so they can react in the event something happens. If the driver is negligent in this responsibility, they can be held liable for the damages caused by the accident.
The Vehicle Manufacturer
Malfunctioning hardware, improper safety protocols, and defective software can quickly lead to a fatal accident. The manufacturer has a duty to sell a product that functions as it should while keeping the user safe, and failure to do so can make them the liable party.
While some companies, such as Volvo, have publicly stated they will accept liability for any accident involving one of their self-driving cars, it will still be a fight to prove liability for other manufacturers.
The Software Developer
Automated features on a car, such as steering, require complicated software to read the situation and calculate the proper course of action. If this software malfunctions and causes an accident, some could argue that the software developer should be held liable. The specifics start to get murky the more you break it down, but a case can be made in some situations.
The Car Owner
In some circumstances, you could make the argument that the car owner is responsible for the accident. They have a responsibility to keep up with vehicle software updates and regular maintenance. If they fail to fix a known mechanical issue that leads to an accident, the blame could fall on them.
How Courts Are Handling Self-Driving Car Accident Cases
Since self-driving cars are a recent development, the legal system is working to figure out exact policies for these wrecks. Courts are working to adapt current personal injury laws to accommodate the new technology.
In general, courts have recently ruled that self-driving cars require a level of collaboration between the driver and the vehicle, meaning liability can be split between multiple parties.
For example, if a sensor fails to register another car and there’s a crash, liability could be split between the car manufacturer and the driver. While the car’s software failed, the driver was still responsible for paying attention to the surroundings and intervening to prevent the accident. As a result, both parties could be held partially responsible for the damages.
Insurance Challenges for Self-Driving Vehicles
Just like how the legal system is adjusting its policies, insurance companies will also need to shift their coverage options to account for self-driving cars.
Drivers may still need liability coverage, but people who own self-driving vehicles may need to invest in additional policies, such as product liability insurance in the event the car’s software fails. Drivers may also have higher insurance premiums if they own a self-driving car.
We’re currently in a transition period as companies work to figure out how self-driving cars play into current insurance policies and regulations. Nothing is set in stone yet, and we’ll have to see how insurance companies move forward.
What To Do if You’re in an Accident With a Self-Driving Car
If you’ve found yourself in a car accident involving a self-driving car, the steps to follow afterward are similar to those of an accident involving a standard car. Take a deep breath and keep a level head, as panicking or getting angry won’t help the situation.
Here are the basic steps you should follow to keep yourself and others safe after an accident:
- Contact Emergency Services: Call 911 and report the accident. They will send the police and emergency medical services to your location.
- Seek Medical Attention: Once emergency services arrive, seek medical attention as soon as possible. Even if you feel okay, make sure you get a clean bill of health. Medical documentation is also good for building your case.
- File a Police Report: Speak with the officer who responded to your accident and file a formal report. Stick to the facts, and don’t try to point fingers or throw blame onto someone else.
- Gather Evidence: Along with medical records and a copy of the police report, you can also gather evidence from the scene of the accident. Take photos of your car and the surroundings, and get any eyewitness testimonies.
- Contact a Personal Injury Lawyer: Once you have all of your evidence, get in touch with a personal injury lawyer in your area. Look for a law firm that has experience working cases involving self-driving cars.
Navigating Liability in the Age of Self-Driving Cars
Figuring out who is at fault for an accident involving a self-driving car is tricky due to how recent the technology is. Self-driving cars are a new development in the world of transportation, and the legal system needs time to adjust its policies accordingly to accommodate them.
Self-driving technology continues to change as time goes on, meaning policies will also continue to change and adapt with time. There may be some growing pains during this transitionary period, but the right parties will be held liable for their actions in the end.
If you’ve found yourself in an accident involving a self-driving car, contact Compass Law Group, LLP. Our team of attorneys in the Los Angeles area has worked on these types of cases before, and we’ll make sure you get the justice you deserve. We’ll guide you through the legal process and fight for your rights until we win. Get in touch with us to book a consultation and see what your legal options are.
