Self-Driving Car Wrecks

The rise of self-driving cars has ushered in a new era of transportation, promising enhanced safety, efficiency, and convenience. However, this technological advancement has also led to a surge in litigation as accidents involving autonomous vehicles become more frequent. New questions have also arisen. Who is responsible when a self-driving car is involved in a wreck? The vehicle owner, the manufacturer or the software developer? What about the transportation authority responsible for making sure all traffic patterns and signals can be recognized by the vehicles? These questions often require the aid of an experienced law firm such as the Law Office of Kevin J. Williams who can help answer who is responsible.

Definition of Autonomous Vehicles

Autonomous vehicles, also referred to as self-driving cars, use advanced technology to drive without human intervention. These cars and trucks rely on cameras, sensors and artificial intelligence to interpret their surroundings and make driving decisions. Levels of automation range from 0 to 5. A Level 0 vehicle is one where the human driver controls the vehicle entirely, whereas a Level 5 vehicle can navigate independently in all circumstances.

Brief History of Self-Driving Car Accidents

Between July 2021 and May 2022, 392 wrecks occurred while driver-assistance systems were used. Out of these, 273 involved Teslas. The National Highway Traffic Safety Administration (NHTSA) began an investigation into Tesla and its Autopilot feature in August 2021 after some wrecks were connected to its use. This led to Tesla recalling over two million cars in December 2023, including most of the vehicles manufactured in the U.S. since 2012.

Determining Liability in Autonomous Vehicle Accidents

Determining liability in accidents involving autonomous vehicles is a complex process. Unlike traditional car accidents, where human error is often the primary cause, autonomous vehicle accidents often involve technological factors. Key factors include:

1. Human vs. Machine Error: In accidents involving AVs, determining whether the fault lies with the human occupant, the vehicle’s software, or external factors (e.g., faulty road infrastructure) can be challenging.
2. Shared Responsibility: Manufacturers, software developers, and even third-party vendors may share liability. For instance, if a crash occurs due to a software malfunction, the developer of that software could be held accountable.
3. Driver Negligence: Even with autonomous technology, human occupants may be required to intervene in certain scenarios. If the human operator fails to take control when prompted, they could be found negligent.
4. Manufacturer Responsibility: If a crash results from a defect in the vehicle’s design or functionality, the manufacturer may be held liable under product liability law.
5. Software Providers: Autonomous vehicles rely heavily on third-party software for navigation, object detection, and decision-making. If an error in the software contributes to an accident, the software provider could face legal claims.
6. Infrastructure and Maintenance: In some cases, liability might extend to municipalities or private organizations responsible for maintaining roads, traffic signals, or digital infrastructure that AVs rely on for navigation.

The Future of Autonomous Vehicle Litigation

The legal landscape for self-driving automobiles is still in its infancy, with no clear standards or rules established yet. As more autonomous vehicles hit the roads and more wrecks occur, the body of case law will continue to grow, providing clearer guidance for manufacturers, consumers, and the legal community. Trends and predictions include:

1. Clearer Liability Laws: Definitive laws may emerge to address manufacturer responsibility and consumer rights in self-driving car wrecks.
2. Shifting Insurance Models: Insurers will increase their emphasis on technology and manufacturer liabilities in their risk modeling as compared to traditional driver-focused assessments.
3. Increased Safety Standards: More wrecks may drive regulatory agencies to enforce stricter safety regulations. Manufacturers may need to develop more robust testing procedures and accountability measures before deploying autonomous vehicles on public roads.
4. Development of Legal Precedents: Thus far, there have been relatively few notable autonomous driving cases that have gone to verdict. Legal outcomes from high-profile cases will help shape how courts interpret liability issues involving autonomous vehicles going forward.
5. Consumer Confidence: Consumer confidence in autonomous vehicles will grow as safety measures are adapted and developed and liability frameworks are more defined.

Conclusion

The litigation surrounding self-driving car accidents is a rapidly evolving field, with significant implications for manufacturers, software developers, and consumers. Similarly, as autonomous vehicle technology continues to advance, the legal system will need to adapt to address the unique challenges posed by this new era of transportation to ensure accountability and justice for their injured clients.