Vehicle technology is becoming increasingly advanced. The day when the roads are full of motor vehicles that drive themselves – without a human behind the wheel – may be closer than ever before.
Companies such as Google have already developed self-driving prototypes that are in the testing phase. While these vehicles are designed with advanced auto safety features to prevent accidents, they are not flawless.
In fact, Google’s self-driving vehicles have been involved in at least 16 accidents to date, including two crashes here in Austin, according to monthly car accident reports for the Google Self-Driving Car Project.
All of this raises the question: When a self-driving vehicle causes a car accident, who liable for damages?
Filing a car accident claim after a self-driving car accident involves navigating intricate legal and technical issues. Determining liability is not always straightforward and often requires a thorough investigation. Working with an experienced legal team can make all the difference in building a strong case and securing fair compensation. The attorneys at Byrd Davis Alden & Henrichson LLP are committed to guiding you through this difficult time with expertise and care.
Self-Driving Car Accident: Manufacturer Liability or Personal Liability?
Google’s self-driving vehicles have been involved in several accidents to date, including a couple of crashes here in Austin.
As the Insurance Information Institute points out – reporting on a study by the RAND Corporation – many believe that the focus will shift from personal liability to manufacturer liability as more self-driving, or autonomous, vehicles hit the roads and become involved in crashes.
In other words, when a car accident is caused by human error, the victim may pursue a claim based on the driver’s negligence. This is the basis for most auto accident claims that are filed today in Texas and elsewhere.
However, if the car was on autopilot and essentially “driverless” at the time of the crash, the driver may not have been negligent. Instead, the cause of the crash may have been a defect in the vehicle. It follows that liability would fall on the vehicle’s manufacturer.
How Will Self-Driving Cars Impact Insurance?
If liability shifts, insurance will likely suffer. The RAND study suggests that while drivers will still need to carry liability insurance, coverage could change over time. Other types of insurance, such as comprehensive coverage, may actually become less expensive.
As the federal government becomes more involved in regulating driverless motor vehicles, another issue to consider will be how states maintain their autonomy regarding insurance laws.
While states today have the ability to set their own auto insurance requirements, more consistency across state lines may be necessary as self-driving vehicles proliferate. For states like California and Texas, where drivers often cross the U.S. border into Mexico, the issue could become even more complicated.
Another potential evolution in insurance – and perhaps the most confusing one to grasp – is the idea that a robot or autonomous system should be treated like a person and insured like a person.
An article in The Atlantic suggests that “If we are dealing with robots like they are real people, the law should recognize that those interactions are like our interactions with real people.”
How Do You Determine Liability in an Autonomous Vehicle Crash?
In today’s world, motor vehicle accidents almost always involve two (if not more) drivers. Liability falls on the shoulders of one of these drivers.
In a world where a crash involves a driverless vehicle and a vehicle driven by a human, however, liability may be harder to determine. Rather than relying on a driver’s statements, insurance companies may begin to more heavily weigh information provided by electronic control modules in vehicles, otherwise known as “black boxes.”
It is also possible that the manufacturer’s burden may fall on its shoulders to prove that its vehicle did not cause the crash rather than on the driver of the other vehicle to prove that it did.
“Eventually, and inevitably, the carmakers will have to take the blame,” an article in Scientific American concludes.
Volvo and some other manufacturers of autonomous vehicles have already declared that they will pay for all injuries and property damage caused by their autonomous vehicles. (Volvo’s model is expected to debut in 2020.)
It makes sense that manufacturers of semi-automated or fully autonomous vehicles could be held liable if their vehicles cause an accident. Today, if a vehicle was found to be defective and that defect contributed to a crash, the automaker would be liable. In this sense, product liability laws would not need to be rewritten to address autonomous vehicles.
But keep in mind: Automakers may not be eager to pay out car accident claims. Those injured in crashes will still need to prove the extent of damages they have suffered. Negotiating with insurance adjusters may still prove to be as difficult as ever.
Could the Owner or Driver of an Autonomous Car Still Be Held Liable?
Certainly, situations will still arise where the owner or human driver of an autonomous car may still be held liable. For example, if the human driver decides to take the vehicle off autopilot and navigate the roads, the driver may be held liable if a crash occurs.
Additionally, if a vehicle required servicing or maintenance to perform optimally (as all vehicles do) and the owner failed to service it, the owner could be held liable if this failure contributed to an accident.
Whether a vehicle is driverless or not, liability can always be contested after a crash. If you are involved in a case in which liability is an issue, make sure to get help from an experienced Austin car accident lawyer.
Contact Our Experienced Personal Injury Attorney
Navigating the aftermath of a crash involving a self-driving car can be incredibly complex and emotionally taxing. The sudden loss of a loved one or dealing with severe injuries can leave you overwhelmed. Understanding who is liable in such accidents is crucial for seeking justice and compensation. Whether the blame falls on the car manufacturer, the software developer, or even the car owner, determining liability is essential to ensure that responsible parties are held accountable.
At Byrd Davis Alden & Henrichson LLP, we understand the profound impact a self-driving car accident can have on your life. Our dedicated team of attorneys is here to provide compassionate and experienced legal support. If you are facing the challenges of a wrongful death or injury claim due to a self-driving car accident, contact us for a free consultation. Call (512) 454-3751 or complete our contact form today.
