Car accidents occur almost daily, with the person responsible for the accident being required to take up the liability. In regular car accident cases, liability might not be hard to prove. This is quite different if a self-driving car caused the accident. Who will take up the responsibility for the resulting damages upon the victim?
Different entities might be held responsible when such accidents occur. In some situations, the victim might also share liability. Whichever the case, upon proving fault, you can file a lawsuit to ensure that the liable party takes responsibility for his or her actions and that you receive your rightful compensation.
For this to happen, you need to seek the services of a competent personal injuries attorney to get help through the case. This is because the legal process of filing a lawsuit and seeking compensation can be complex and tiring to even some lawyers, so you need legal help to ensure you are not bullied into accepting unfair compensation from a big corporation. This blog will help you understand how liability can be established in self-driving car accidents.
Applicable Laws When Determining a Self-Driving Car Accident Liability in California
Before the liabilities issues come in, we should understand the various laws applicable when accidents occur. All states are either "fault" or "no-fault" states. In a fault state like California, the driver who is at fault for the car accident will be responsible for the damages.
In no-fault states, your insurance company pays for your damages based on the amount of coverage you have. This means that before you can make claims for damages resulting from the accident, you need to ensure that you have sufficient proof of where the fault lies.
Another critical legislation is the comparative negligence law. It helps to determine the extent of fault that lies on different entities involved in an accident. If an accident victim contributed to the accident, the number of damage claims due would be less than their contribution. For example, if the damages amounted to $15,000, if the court determines that you contributed to the accident by 15%, you will receive $12,750.
Torts are utilized when a person is held responsible for a car accident that results in serious injury, property damage, or distress. Various tort law theories can influence how fault is determined in car accidents in several ways. Drivers in fatal crashes would be called to account in multiple ways and compensated in different ways under classic negligence, strict liability theories, and no-fault liability.
The bottom line is that, with current technology, more than 90% of car accidents are caused by human mistakes, for which operators could be held liable under tort law.
Product liability laws are designed to protect consumers from dangerous products. If a product injures someone, the injured person may claim damages against the manufacturer or distributor of the product. This includes defective driverless vehicles which are sold to the public.
Product liability sets in when a manufacturer releases a car with mechanical or design defects and fails to warn its users. Manufacturing flaws occur whenever a product does not meet the manufacturer's specifications and standards. Failure to caution cases arises whenever the maker fails to adequately advise consumers on utilizing a product effectively or about the potential dangers of use. Design defects occur where the operator might have prevented an accident had the manufacturer made a different design.
In accidents involving regular cars, it is pretty simple to point out who is at fault. The at-fault driver will be liable for the resulting damages. In cases involving autonomous cars, the determination of fault is not so straightforward. It requires a thorough investigation.
The Investigation Process in Self-Driving Car Accidents
Whenever an accident occurs, the police, as the first responders, will be the first to arrive at the accident scene. They will obtain statements from the parties involved, including eyewitnesses, and take pictures of the incident as evidence. With the information gathered, they will compile a report of the incident.
Other parties in the accident scene are the insurance companies representing the vehicles involved. If the police were not involved in the operation, the insurance companies would compile their reports when settling claims. In most cases, the insurance companies will seek to apportion blame on the most reckless party.
Choosing to conduct your investigation yourself might present various hurdles because you will not have the freedom to access vital information. Working with a competent personal injury attorney can help avert the obstacles.
Apart from using the police and insurance reports, your attorney will take time to go through the pieces of evidence used to compile the reports to ascertain their compatibility. In most cases, this information might not have sufficient details to help the plaintiff. The lawyer will have to conduct an independent investigation looking into other angles to gather as much information as possible for compiling a comprehensive report.
Here are some of the areas that the attorney will examine:
- Accounts from eyewitnesses
- Surveillance video footages of the scene
- Inspection of the accident scene
- Reviewing whether the area of the accident is a black spot or not
- Investigation of other individuals involved and their past records
- Looking into the medical records
- Going through video recordings from the self-driving car and other data therein
The last step involves the attorney presenting the gathered reports for expert review. With such an in-depth report, your attorney can shed more light on the actual events leading to the accident to determine the person at fault. It doesn't end here; the attorney will seek to ensure that the defendant takes responsibility for the accident as far as possible.
Issue of Automation Levels
When seeking to determine liability in a driverless car, a significant factor put into consideration is the car's automation level. The National Highway Traffic Safety Administration, together with the Society of Automotive Engineers, have come up with subdivisions on the levels of automation.
Generally, the lower the automation level, the more liable the operating driver is. Here are the automation levels.
Level 1: No automation — This only applies to basic features like cruise control.
Level 2: Driver assistance — Many automobiles use radar systems or cameras to provide second-level automation, such as adaptive cruise control and lane-keep assisting. The operator can only take up one role at a time; either braking/ accelerating or steering.
Level 3: Partial automation — This degree of automation aids the vehicle in acceleration and steering control. However, the driver should maintain control of the steering wheel. In slow traffic, this automation assists drivers by keeping the automobile aligned in the lane. Tesla's Autopilot, Volvo's Pilot Assist, and Audi's Traffic Jam Aid are all at this level.
Level 4: Conditional automation — Level 4 automation allows vehicles to drive autonomously under specific predetermined situations. Drivers must remain behind the wheel and also be ready to take control at any time. In the circumstances not favoring the car, the human driver takes full charge of the vehicle.
Level 5: High automation — These automobiles can drive autonomously without requiring human intervention. However, they are limited to available applications and can operate in various surroundings and road conditions.
Level 6: Complete automation — When driverless cars are fully automated, they are genuinely driverless. Cars at this rank are capable of driving on any road surface without the need for human intervention. It might take some time before vehicles of this rank begin operating on the roads.
Parties Liable for Driverless Car Accidents
Determining the person at fault in an autonomous vehicle accident is the first step to identifying the liable party. Considerations will be on the person driving an ordinary car, the manufacturers or designers of the autonomous vehicle, and the individual operating the semi-autonomous vehicle. Another crucial factor would be whether a single or several cars violated the law resulting in the accident.
Several parties might be liable for such an accident. Therefore, the presiding jury will determine the proportion of blame falling on each entity, resulting in the complete division of the liability. Even if the victim played a part in the accident, he would also assume his share of the responsibility.
Here are the different parties that might be at fault, depending on the outcome of the investigation.
The Driver Behind the Self-Driving Car
The law defines the operator of a self-driving car as someone who sits on the driver's seat. If the car is in autopilot mode, the operator is the person in charge of engaging the autonomous technology.
All road users, including drivers, have the mandate or responsibility to care for their fellows along the roads. This duty includes refraining from any act that would pose a danger to another person.
Although the driver is in an autonomous car, he still has the responsibility of keeping alert, watching out for any eventuality. This is because most driverless cars in the market are level two or lower, hence the drivers' liability.
According to Vehicle Code 38750, self-driving cars must feature a safety warning system that alerts drivers if driverless technology fails. Operators should manage to take back complete control of the brake, steering wheel, and accelerator of an autonomous vehicle. The driver may be held liable if somehow the operator fails to restore control in an emergency.
When determining fault, considerations will determine whether the accident occurred because of any negligence on the driver's part. Negligence involves the violation of traffic rules and regulations. Here are other common causes of car accidents:
- Speeding
- Failure to stop at a red light
- Messaging while driving
- Driving while distracted
- Driving when intoxicated
- Failure to concede the right-of-way to another vehicle
Manufacturing Company
While conducting the investigations, it is vital to establish the car's condition. At the same time, most accidents are a result of negligence due to a mechanical failure. Every driver has the duty of ensuring that their car is in good condition before it sets off on the road. If this is the case, the driver might share in the liability. Sometimes though, the hitches might be beyond the driver's control.
For example, if a self-driving car company designs a vehicle with a flaw that leads to a crash, the company could be held liable for the resulting injuries. Design and manufacturing companies may take a cautious approach to their vehicles' design to avoid any potential liability in a self-driving car accident. This will be under the product liability law.
The company in charge of test driving might also be liable for the accident, especially for not reporting a malfunction while handling the car as quality assurance rests on them. Whenever the manufacturer is involved in the accident, you do not have the burden to prove negligence. As a plaintiff, you only need to show the vehicle's danger.
The Software Company
Self-driving cars are computers on wheels. The software that controls the car is highly sophisticated and uses artificial intelligence to make decisions. The problem with this technology is that if the software or hardware malfunctions, it can result in a system failure and related car accidents. For example, the car fails to detect a stationary object on the road and applies the brakes. The company that created the software can face liability for such an accident.
Proving Liability
Self-driving car accidents are usually a result of negligence. Generally, all road users ought to consider the welfare of others and strive to protect it. As the victim, to ensure that your case succeeds, there are particular elements that your attorney has to bring out:
- You ought to prove that the defendant owed you the responsibility of caring.
- It would help if you showed that he never fulfilled his responsibility to care because of his negligence.
- Negligence was a vital factor that led to the injury or death of the victim.
- The accident resulted from the car's malfunction.
If the jury sees substantial proof of these elements, the defendant will be liable for the victim's injuries or other damages.
Incidents Involving Self-Driving Car Accidents
Various news agencies have aired news concerning accidents involving self-driving cars. Here's a review of some of the notable incidents:
Scenario 1
In 2016, while in Autopilot mode, a Tesla Model S crashed into a truck, resulting in the death of its driver. Its sensors failed to notice the truck crossing the highway. Instead, the car attempted to pass through it at full speed, hence the fatality.
Apparently, the driver let his guard down by allowing the car to operate on autopilot while on the highway.
Considering this incident, the driver was in the wrong for not maintaining control of the vehicle and trusting the autopilot mode to keep him safe. At the same time, the sensor's failure might be an oversight on the manufacturer's part.
Scenario 2
In 2018, an Uber crash in Tempe resulted in the death of a pedestrian. The driver was liable for the accident since he was streaming a live episode of the voice. Reports showed that for a better time while driving, he was distracted. The car detected the pedestrian a few seconds before the impact. Following the investigations, the company was not at fault.
Recoverable Damages Following a Self-Driving Car Accident
As a victim, after filing your lawsuit, you can get various compensations since such accidents might result in both non-economic and economic damages. With the help of a competent lawyer, you can recover all the damages applicable to your driverless car accident.
Here is a classification of damages you can recover following the accident:
Economic Damages:
- Medical bills, both current and future
- Medical supplies
- Lost wages
- Rehabilitation costs
- Physical therapy costs
- Vehicle repair costs
- Compensation for lost limbs
- Compensation for disfigurement or scars
Non-Economic Damages
Although these are actual damages, it might be pretty tricky to quantify them:
- Psychological distress
- Emotional trauma
- Deteriorated life quality
- Suffering and pain
With a fatality caused by a driverless car accident, among which there've been many documented in recent years, the deceased's surviving family may launch a wrongful death claim. The family might use a wrongful death suit to seek compensation for a variety of losses, including:
- Expenses for the burial and funeral
- Loss of friendship
- Insurance cancellation
- Pension reduction
Where the operator intentionally caused the accident, did a hit and run, or was overly reckless, the victim might get punitive damages, too.
Contact a Car Accident Attorney Near Me
Different states keep on updating their laws regarding car accidents as more advancements set in. Such advancements include the increasing popularity of self-driving car accidents. Hence, It would be best if you work with an attorney who understands current legislation to help you make a successful claim.
At The LA Personal Injury Law Firm, our attorneys have all it takes to help you through your case. Call us today at 310-935-0089 if you are involved in a self-driving car accident in the Los Angeles area. We will help you gather the necessary facts through which we can bring the liable parties into account. Eventually, our goal is to ensure that you get maximum compensation for all the damages suffered.
