Autonomous, or self-driving, vehicles have become increasingly popular in transportation due to recent advances in automotive and computer technologies. Millions of drivers rely on computer systems in their cars to perform semi-independent functional, risk-reduction and security tasks. A handful of states across the United States also currently allow trial fleets of driverless robotaxis to pick up and drop off passengers.
Although traffic safety experts and others believe strongly these technologies will ultimately lower the number of yearly car crashes and other vehicle accidents, they also recognize the tech can cause injuries and deaths. Yet, given the current lack of official guidance and confusing laws, many drivers, passengers, property owners and vulnerable road users don't know who to hold accountable after an accident.
Are Self-Driving Cars Beneficial?
Human drivers aren't perfect. The majority of road crashes and other accidents occur because of human error including distracted driving, impaired driving and speeding. For example, a driver might not notice how close they are tailing another vehicle because they're too busy talking to a passenger, dealing with a health issue, or frustrated with slow traffic and aggressively driving close. Extreme traffic congestion, bumper-to-bumper traffic, roadway construction, high-volume flow from a merge lane, or bad weather conditions often increase the risk.
Vehicles with partial autonomous systems can help in various ways. For example, a partial AV might alert a driver about a potential danger or even slam on the brakes if they don't notice they're about to crash. Cars with “auto-pilot” systems still require a human driver to remain behind the wheel and focused on the road but may be able to help drivers avoid a collision.
Robotaxis can potentially reduce traffic congestion, environmental pollution and even the cost of using ride-hail and ride-share services. For former drivers with suspended licenses and people with serious health issues that make it difficult to travel in the presence of others or get behind the wheel, autonomous vehicles may provide them with the freedom to go anywhere via America's roads without limitations.
Why Do Self-Driving Systems Fail?
Any vehicle designed with computer-based safety systems is a risk to everyone and everything inside and outside it. A single glitch might cause an airbag or a brake system to activate unintentionally. One or more onboard sensors might fail to detect a potential crash event. With a fully autonomous vehicle, a system might not make driving adjustments fast enough.
In recent years, AVs have caused property damage and harmed pedestrians and other vulnerable road users while in crosswalks and parking lots. Backup systems, human drivers, remote operators and other safety measures haven't been enough to prevent injuries or deaths.
One of the states that allows robotaxis, California, requires companies that own AVs to provide Autonomous Vehicle Collision Reports to its Department of Motor Vehicles. From December 1, 2022, to November 20, 2023, these companies reported 132 accidents. As noted by Statista, this number is too high when compared to crash data from standard human-driver accidents reported to police throughout the nation. The AV crash rate was an estimated 14.6 per million vehicle miles. The national human crash rate was 1.9 per million.
Who Determines Fault and Liability?
Fault and liability determinations after an autonomous vehicle accident take time because of a wide range of factors. People, technologies and even forces of nature can cause an AV crash. Insurance companies, investigators, law enforcement, personal injury lawyers, court representatives and others must carefully examine all available evidence.
A driver in a different vehicle might obviously be responsible for an AV crash. That said, a backup driver or remote operator can also be held accountable if they made a decision that increased the risk of a crash. A passenger who accidentally or purposely instructed an AV system to perform a high-risk action is another possibility. It doesn't matter if an investigation reveals a vehicle had preventable defects or the manufacturer failed to warn about certain types of usage. A pedestrian who performed an action that increased their risk might have to accept some fault for an AV crash in a state such as California where comparative negligence or shared-fault liability laws are in effect.
Insurers and courts also look to other potential at-fault parties, such as the AV owner, the ride-hail or ride-share service company, the hardware or software manufacturer, and repair specialists. For example, hackers who take control of an AV or steal associated personal customer data can be held accountable. Of course, the court might assign fault to both the hackers and the vehicle manufacturer if the latter failed to install enough safeguards or warn customers sufficiently about known risks.
Another challenge for insurers and the courts when dealing with AV-related claims and lawsuits is that AV liability policies and laws are in near-constant development at state and federal levels because of evolving tech and rapid changes with innovations and consumer trends. Different states and even countries have unique laws that often conflict as well, which is especially important if a partially autonomous vehicle or full AV from one state crashes in a different one or in Canada or Mexico.
How Can a Local Lawyer Help?
A victim or their loved ones should always turn to a local personal injury lawyer in the county where their AV accident took place for help with navigating insurance and court claims. Local lawyers always know best the laws in their county and state. A legal team can help reduce the stress and time loss that commonly occur when pursuing these types of claims.
If a victim has lost a loved one, a lawyer can also help prevent some frustration, pain and suffering by taking over complicated administrative tasks and directly dealing with defendants. They also know how to request crucial evidence appropriately and in the most efficient ways possible.
Some pieces of evidence take months to acquire. They know how to find and request data reports and electronic files from AVs, other vehicles and relevant cameras. They also gather police and witness reports, victim medical history and treatment documents, and expert testimonies. Lastly, they can help a victim fight an insurance claim denial or pursue the maximum compensation allowed by law for damages in court or via settlement
