Who Is Liable for an Accident With a Self-Driving Car?

The modern age of autonomous, or self-driving vehicles (SDVs), is upon us. The development of these vehicles has revolutionized the automotive industry, with companies like Tesla advocating to the public that these vehicles strongly enhance both road safety and motorists’ convenience. With 94% of accidents in the United States being caused by some form of human error, developers of self-driving vehicles utilize learning algorithms and artificial intelligence (AI) to minimize this human error and, theoretically, create safer roadways for everyone. However, there have been instances where self-driving car accidents occur, sometimes causing severe injuries or fatalities. 

Disengagement Behind the Wheel of Autonomous Vehicles—A Problem

From 2018 to 2023, the National Highway Traffic Safety Administration (NHTSA) investigated 956 accidents involving at least one self-driving vehicle. Of those crashes, there were a total of 49 injuries and 43 fatalities. This NHTSA investigation was prompted by several reports regarding self-driving vehicles crashing into stationary emergency vehicles parked on the road. 

Upon investigation, the NHTSA discovered that most incidents occurred after dark, with the vehicle software ignoring scene control measures like warning lights, traffic cones, and more. In this investigation, the NHTSA also found that Autopilot and the software responsible for lane changing, parking, and traffic light detection lacked design for keeping drivers engaged. Rather, they caused drivers to become disengaged to the point where when it was time to react, it was already too late. The NHTSA said, “Crashes with no or late evasive action attempted by the driver were found across all Tesla hardware versions and crash circumstances. The brand name ‘Autopilot’ is misleading.”  With all this in mind, the question of who is liable when these accidents occur arises.

Who Is Liable in A Self-Driving Car Accident?

When self-driving cars malfunction and accidents occur, determining liability is far more complex than in normal car accident scenarios. In these cases, determining who or what is at fault can be difficult to navigate alone. That’s why contacting an experienced attorney at The Barnes Firm at (800) 800-0000 can help you determine liable parties and get the justice you deserve.

Here are the types of liability that may be involved with self-driving car accidents.

Manufacturer Liability

Product liability law holds the manufacturer responsible if a self-driving vehicle’s malfunction causes an accident, encompassing manufacturing defects, design flaws, or inadequate warnings, a protocol that becomes even more intricate with software and AI.

Software Developer Liability

Self-driving vehicle’s software is made up of the vehicle’s internal programming and operating information used by a computer. When software glitches or cybersecurity measures are breached and cause a malfunction that causes an accident, the software developers may be held liable. In this scenario, the fault lies in the car’s programming rather than physical attributes. This introduces a new type of liability in these cases, where computer codes and the vehicle’s internal programming would need to be carefully analyzed to determine what software errors contributed to the crash and personal injury liability of those involved.

Vehicle Owner Liability

Despite self-driving vehicles being designed for autonomous operation and labeled with features such as Tesla’s “Autopilot,” drivers are still required to maintain full engagement while behind the wheel. Tesla’s “Autopilot” feature was involved in numerous injury-causing and 13 fatal crashes, according to a three year long investigation conducted by The National Highway Traffic Safety Administration (NHTSA). In these scenarios, the owner of the vehicle was held liable, as Tesla’s Autopilot terms tell the user to only use the feature if they plan on remaining engaged as they drive. Additionally, self-driving vehicle owners are also responsible for keeping up their vehicle’s general maintenance and the latest software updates. Failure to do so may result in the vehicle owner being held liable.

Third-Party Liability

Many self-driving vehicles rely on third-party services for navigation, real-time data, and more. Therefore, services such as real-time data are essential for autonomous vehicles to notice speed changes and safely navigate through situations like condensed traffic, road work, accidents, and more. If these third-party services fail to provide accurate information that the vehicle needs to function properly, these third parties may potentially be held liable.

Due to the overall interconnectedness of self-driving cars and the many parties involved with their functioning, multiple parties have the potential to be held liable when self-driving car accidents occur. If you or a loved one has been injured in a self-driving car accident, call The Barnes Firm at (800) 800-0000.

What Laws Are in Place Regarding Self-Driving Vehicles?

As of right now, legislation regarding self-driving vehicles is still in development. As these vehicles become more common, legislators will need to draft new laws addressing the challenges posed by them. One may expect that this will include:

• Clearly Defined Laws: Laws specifying which parties hold accountability and under what circumstances
• Enhanced Product Liability Standards: Clear and strict regulations for manufacturers, software developers, and third-party service providers.
• Insurance Reforms: Insurance models that cover self-driving vehicle-related accidents.

What To Do After a Self-Driving Car Accident

Safety First

After an accident, there are measures you can take to protect your safety and others on the road. To enhance your own safety and the safety of others, you should:

• Move yourself or your vehicle to the side of the road if it is safe to do so.
• If you or someone else has been injured, contact the local medical department or dial 911 immediately.
• Inform the local authorities about the accident.

Gather Information About the Incident

When involved in an accident that’s not your fault, you should gather as much information as possible to provide the authorities and your lawyer with evidence on how the crash occurred. Since accidents can cause severe injuries and damages, substantial evidence of the incident helps ensure that the liable party compensates you. If possible, obtain the following information from the accident scene:

• Phone number, address, driver’s license, name, and license plate number of any individual involved in the accident
• Contact information and names of both passengers and any witnesses
• Names and contact details of the police officers at the scene
• A copy of the police report, if available
• Video and photo evidence of the accident scene and property damages

Seek Immediate Medical Attention

Even if you feel fine after a car crash, seek immediate medical attention. It is possible to sustain internal injuries whose symptoms appear hours, days, or weeks after the incident. Seeking timely medical attention is a crucial step in receiving a proper diagnosis and the treatment you may need. Additionally, your healthcare provider will also document the injuries, providing additional evidence necessary to obtaining compensation for your injuries.

Speak to an Experienced Car Accident Attorney at The Barnes Firm

Our team of experienced car accident attorneys can help you understand your rights and hold liable parties accountable. They can also guide you in filing an insurance claim and pursuing the matter in court, if necessary. Call The Barnes Firm at (800) 800-0000 to speak with a personal injury attorney today.

Intervene If the Liable Party Denies Your Claim

If the at-fault party’s insurer blames you for the accident, it is important to provide evidence to show you were not at fault for the accident. This evidence includes:

• Police reports
• Witness statements
• Surveillance footage from nearby homes or businesses
• Expert opinions
• Images of the accident scene
• Diagnostic tests

This evidence enables our team to better represent you and counter the at-fault party’s false claim against you. A car accident attorney will use evidence to hold the other parties liable and help you get the compensation you deserve.

Don’t Hesitate to Get Legal Help from an Experienced Car Accident Lawyer at The Barnes Firm

Following a self-driving car accident, you may experience physical injuries, stress, increasing medical expenses, emotional distress, and other challenges.. That’s why our team is here to help you get the justice and compensation you deserve. With an unwavering commitment to helping you The Barnes Firm will help you get the best result possible. We will aggressively represent your best interests, confirm who is liable for your injuries, and seek the maximum compensation available. Call The Barnes Firm today at (800) 800-0000 for a FREE case evaluation by one of our trusted attorneys.

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

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