Driverless Car Crash: Who’s Liable When Self-Driving Tech Fails?

The rise of self-driving cars promises a future of safer, more efficient transportation. However, this technological leap forward also introduces complex legal questions, especially when these vehicles are involved in accidents. According to the NHTSA, as of June 2024, there have been a total of 3,979 reported incidents involving autonomous vehicles since data collection began in August 2019. Determining liability in a driverless car crash is far from straightforward. Who is responsible when a self-driving car malfunctions and causes an accident? The driver? The manufacturer? The software developer? Let’s delve into the intricacies of liability in driverless car crashes and explore the parties that may be held accountable when self-driving tech fails.

The Evolving Legal Landscape of Autonomous Vehicle Accidents

Traditional car accident cases typically hinge on driver negligence. However, with autonomous vehicles, the focus shifts from human error to potential defects in the vehicle’s technology. This shift prompts a reevaluation of who is liable when a car accident occurs: the individual behind the wheel (if there is one) or the autonomous vehicle manufacturer?

Self-driving cars are classified into different levels of automation, as defined by the Society of Automotive Engineers (SAE), ranging from 0 (no automation) to 5 (full automation). The level of automation plays a crucial role in determining liability in the event of a crash.

Level 0: The human driver is fully responsible.
Level 1-2 (Driver Assistance): The driver must remain attentive and ready to take control. Liability typically falls on the driver if they fail to react in time to prevent an accident.
Level 3 (Conditional Automation): The vehicle can drive itself under certain conditions, but the driver must be ready to intervene. Liability can shift to the manufacturer if the automation system fails to alert the driver in time to avoid an accident.
Level 4-5 (High to Full Automation): The vehicle can drive itself without human intervention in most or all conditions. Liability is more likely to fall on the manufacturer or other parties involved in the design and development of the autonomous system.

Potential Liable Parties in a Driverless Car Crash

Determining liability in a driverless car crash requires a thorough investigation of the accident’s circumstances. Several parties could potentially be held liable, depending on the cause of the crash.

The Vehicle Manufacturer: If a flaw in the vehicle’s design, sensors, or programming caused the collision, the car manufacturer could be liable. This falls under product liability laws, which hold manufacturers responsible for ensuring the safety of their products.
The Software Developer: A glitch in the autonomous software could be responsible for a crash. In this case, the software company that wrote the code controlling the car may be liable.
The Component Supplier: The accident may be a result of a defective component, such as a faulty sensor or camera. The supplier of the defective part could be held liable.
The “Driver” or Vehicle Owner: In some states, the driver must monitor the vehicle and take over if the autonomous system steers the car into trouble. If the driver fails to do so, they may be held liable. The company that owns or runs the vehicle could be held responsible if its actions led to a crash, such as failing to maintain the car or improperly disabling safety features.
Other Negligent Third Parties: An accident with a self-driving car might not come down to the fault of the autonomous vehicle at all. A third party could be to blame, such as the driver of another vehicle. Liability for an accident with a self-driving car could come down to the other driver for recklessness, a property owner for a dangerous premises, or the city government for an unsafe roadway.

Common Causes of Driverless Car Accidents

Several factors can contribute to driverless car accidents, ranging from technological malfunctions to external factors.

Software Glitches: Autonomous vehicles rely on complex software to navigate and make decisions. A glitch in the software can lead to errors in perception, planning, and control, resulting in a crash. For instance, in 2016, a Google self-driving vehicle struck a bus due to a software glitch.
Sensor Malfunctions: Self-driving cars use sensors such as cameras, radar, and lidar to perceive their surroundings. If these sensors malfunction or are impaired by weather conditions, the vehicle may fail to detect obstacles or misjudge distances, leading to an accident.
Mapping Errors: Autonomous vehicles rely on detailed maps to navigate. Inaccurate or outdated mapping data can cause the vehicle to make incorrect decisions, such as turning onto a closed road or failing to recognize a traffic sign.
Cybersecurity Vulnerabilities: Self-driving cars are vulnerable to hacking and cyberattacks. A malicious actor could potentially take control of the vehicle’s systems, causing it to malfunction or crash.
Unforeseen Circumstances: Even with advanced technology, self-driving cars may struggle to handle unexpected situations, such as sudden changes in weather, construction zones, or erratic behavior by other drivers or pedestrians.

Legal Theories for Pursuing a Claim

Depending on the circumstances of the accident, several legal theories can be used to pursue a claim against the responsible parties.

Negligence: This theory applies when a party fails to exercise reasonable care, resulting in an accident. In the context of driverless cars, negligence could involve a manufacturer’s failure to adequately test its autonomous system or a driver’s failure to monitor the vehicle properly.
Product Liability: This theory applies when a defective product causes an injury. In driverless car accidents, product liability claims may arise due to defects in the vehicle’s design, manufacturing, or marketing.
Strict Liability: In some states, manufacturers can be held strictly liable for injuries caused by their products, regardless of whether they were negligent. This theory is often applied in cases involving inherently dangerous products or activities.

The Role of Insurance

Insurance plays a crucial role in compensating victims of driverless car accidents. However, the traditional auto insurance model, which is based on human error, may need to adapt to the rise of autonomous vehicles.

Traditional Auto Insurance: In cases where a human driver is at fault, their insurance policy will typically cover the damages. However, if the accident is caused by a defect in the autonomous system, the manufacturer’s product liability insurance may come into play.
Product Liability Insurance: This type of insurance covers manufacturers for defects in their products. In the event of a driverless car accident caused by a malfunction in the autonomous system, the manufacturer’s product liability insurance may cover the damages.
Cyber Liability Insurance: This type of insurance protects against losses from cyberattacks. As self-driving cars become more connected, cyber liability insurance may become increasingly important to cover damages resulting from hacking or other cyber incidents.

Seeking Compensation After a Driverless Car Crash

If you’ve been injured in a driverless car crash, it’s crucial to seek legal assistance from an experienced attorney. A lawyer can help you investigate the accident, identify the liable parties, and pursue a claim for damages.

Damages: In a personal injury lawsuit, you can claim damages for economic and non-economic losses. Compensatory damages include economic and non-economic compensation. These damages are intended to put you into a similar position you would have been in if the accident had never occurred. Damages in a car accident involving a driverless car may include: Lost income, Medical treatment, Vehicle damage, Lost future earnings, Pain and suffering, Physical therapy, Future medical treatment, Court costs, Emotional distress, Loss of a limb, Loss of consortium, and Loss of enjoyment of life.
Wrongful Death: If someone is killed in an accident involving a driverless car, family members may be able to file a wrongful death lawsuit to make sure the individuals responsible for causing the accident have to answer for their actions. Damages in a wrongful death claim can include: Funeral expenses, Loss of income from the deceased, and Loss of support caused by the death of a loved one.

The Future of Liability in Autonomous Vehicle Accidents

As self-driving technology continues to evolve, the legal framework surrounding liability in autonomous vehicle accidents will likely become more refined. Courts and legislatures will need to address complex issues such as:

Data Recording and Access: Self-driving cars generate vast amounts of data about their operation. Determining who has access to this data and how it can be used in accident investigations will be crucial.
The “Reasonable Robot” Standard: Courts may need to develop a standard for evaluating the behavior of autonomous systems. What constitutes “reasonable” behavior for a self-driving car in a given situation?
The Role of Government Regulation: Government agencies such as the National Highway Traffic Safety Administration (NHTSA) will play a key role in setting safety standards for autonomous vehicles and regulating their deployment.

Conclusion

Driverless car crashes present unique challenges when it comes to determining liability. As autonomous vehicles become more prevalent, it’s essential to understand the potential liable parties, the legal theories that can be used to pursue a claim, and the role of insurance. If you’ve been injured in a driverless car crash, seeking legal assistance from an experienced attorney is crucial to protect your rights and pursue the compensation you deserve.