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

Fully self-driving cars need to undergo a great deal of testing to become a reality. Technically, you will not pull up alongside a car with no one in the driver’s seat. However, many cars have autonomous features that rely on sensors to control the vehicle to some extent. 

If you drive a newer vehicle, chances are you have some safety features that allow a computer and sensors to take over and stop or steer to avoid a collision. Emergency braking, blindspot monitoring, and lane-keeping assistance have been available in cars for almost a decade. 

Some cars already have a full self-driving mode with more sophisticated software that fully controls the vehicle. However, a lack of laws or different laws in different states can make it hard to figure out who is liable if you have an accident with an autonomous vehicle. 

Parties That May Be Liable

Liability is more complex for accidents involving driverless cars. Depending on the situation, the car’s driver or owner may not be fully responsible for the incident. Here is a look at who could be at fault. 

• Car maker: If a flaw in the vehicle, its sensors, or its programming caused the collision, the car manufacturer could be liable for the accident. 
• Programmers: If a bug in the self-driving program caused the crash, the software company that wrote the code that controls the car may be responsible. 
• The Driver: In some states, the driver must monitor the vehicle and take over if the autonomous system steers the car into trouble. 
• Technicians: If the technicians who service the self-driving car make adjustments to sensors or wiring, they could cause a misalignment or malfunction. 

If you’re driving an autonomous vehicle at work and it malfunctions, your employer may bear responsibility for the accident. In this instance, you may be eligible for workers’ compensation. 

How To Determine Liability

You and your lawyer need to look at the conditions and circumstances of the accident to determine who could be liable for the accident. Your assessment will often include the following steps.

• Examine traffic laws: Autonomous vehicles need to follow the rules of the road. If the driverless car broke the rules, its driver or manufacturer could be liable. 
• Obtain the police report: The police report will provide important details that could help define liability. 
• Get an expert opinion: You may have an expert inspect the damage and look at police reports to help define liability. Often, lawyers can help find an expert in driverless cars to offer their opinion.

Keep in mind that because of Oregon’s comparative negligence laws, the determination of negligence is different than other states. Whereas some states have pure comparative negligence, Oregon operates on modified comparative negligence. With modified comparative negligence, you as the plaintiff can only recover compensation if the other party is found to be 49% at fault or more. In a case where the judge awards $100,000 and you are found to contribute to 15% of the accident, your recovery is the total judgment minus your percentage.

Other Factors To Consider

Other factors are also important to your case. Here is a look at additional variables you and your lawyer need to weigh when deciding how to proceed with your compensation claims.

• Severity of injuries: Catastrophic injuries or wrongful death can impact the level of compensation, pain and suffering claims, and the pursuit of punitive damages. Even injuries caused by safety features like airbags could be part of your claim.
• Weather and road conditions: Defense arguments related to environmental factors such as rain, ice, or poor roads can apply to driverless cars.
• Vehicle’s level of autonomy: The degree to which the car was in autonomous mode at the time of the accident (partially or fully self-driving) is crucial in measuring the driver’s negligence.

These factors are vital for building your argument, deciding who the defendants will be, and the amount of compensation you will seek.

Challenges In Determining Liability

Self-driving car cases can be more complex for several reasons.

• Technology: The complex software and systems can make it hard to find and prove the exact cause of the crash.
• Different parties: Drivers, programmers, and car makers may argue that other parties are actually to blame for the accident.
• Lack of precedent: There are a limited number of self-driving cars, so there isn’t much legal precedent to aid in arguing these types of cases. This may leave some lawyers uncertain about how to proceed.

State governments are also making and revising laws on self-driving cars. These new and changing rules can complicate the case. For instance, new laws mean that arguments from previous cash lawsuits may not work in your case.

Evolving Laws and Regulations

Some states have laws about autonomous vehicles, while others do not. In some places, a licensed driver must be behind the wheel even if the car can operate by itself. In others, however, humans do not need to be in the driver’s seat. 

The National Highway Traffic Safety Administration has released standards to ensure the protection of passengers in autonomous vehicles. Basically, these vehicles need to provide the same level of protection as conventional cars. 

State rules can affect personal injury cases. For instance, drivers or vehicle owners can be liable for the accident in some states even if the car was in autonomous mode during the accident. Most states require that autonomous vehicles have the same insurance and liability coverage as conventional vehicles, meaning you can potentially pursue a regular insurance settlement.

New and Emerging Hazards

As self-driving technology advances, it introduces new dangers to the road. 

• Cybersecurity is an issue for computer-controlled vehicles. They require interconnected systems that may be vulnerable to hacking. Such breaches could impact safety systems, causing accidents.
• Malfunctions, such as sensor errors or software glitches, pose risks that could lead to unexpected vehicle behavior or accidents.
• Human over-reliance is well documented, even in vehicles with semi-autonomous safety features. Drivers may trust the technology too much and ignore dangerous situations.

Legislation, insurance coverage, and safety testing have yet to catch up with these potential dangers. 

How Do Self-Driving Cars Impact Insurance?

Oregon is an at-fault state, which means the insurance company of the party responsible for the accident has to pay for damages. This is the case for conventional cars or driverless cars. 

The insurance industry has yet to come up with policies for driverless cars, but eventually, insurers could incorporate liability protection for manufacturers that could streamline settlements.  

Filing a Personal Injury Claim

Car accident cases can be challenging as you deal with injuries and the disruption to your life while also pursuing compensation. However, certain actions can help make the process easier. 

• Choose a lawyer with experience in car accidents. They can handle the details while you focus on recovery and returning to normal life.
• Keep records of all expenses and losses related to your injury.
• Don’t discuss your case publicly or on social media. The defense could use what you say against you in court.

Driverless cars are expected to become much more common in the future. It’s important to understand the legal implications of accidents involving these computer-controlled vehicles. While other parties, such as manufacturers or programmers, may be liable, you still have the right to pursue compensation if you were injured in a driverless car accident.