Who Is Liable in a Self-Driving Car Accident?
October 11, 2024- Categories: Vehicle Accidents
Human error is most frequently the cause of vehicle accidents, according to data from the National Highway Traffic Safety Administration (NHTSA). In 2022, 42,514 people died in motor vehicle collisions in the U.S., often due to human error. However, with the current proliferation of self-driving vehicles, more accidents could be caused by mechanical, electrical, or software failures and defects in the future, because human control of cars and trucks will give way to control by software and technology. This leaves many to wonder who is liable in a self-driving car accident.
The answer to this question may not always be cut and dried, and it will likely take legal analysis and a deep understanding of California laws to sort out the negligent parties in a crash. A skilled car accident lawyer can be your strongest advocate if you’ve been injured in a self-driving car collision.
Self-Driving Cars Still Have Drivers
The self-driving cars, trucks, and SUVs that are on the road today aren’t driverless. A human being still sits in the driver’s seat, even if the steering wheel is sometimes hands free. That means the opportunity for human error still exists even in self-driving vehicle collisions. The degree to which a car is being controlled by a human as opposed to software and technology depends on the level of a vehicle’s autonomy.
The Society of Automotive Engineers (SAE) has established “5 Levels of Autonomous Driving.” Levels 0 through 2 are classified as being under “Driver Support,” involving technology and systems where a human driver still maintains significant control. Levels 3 though 5 are designated as “Automated Driving” in which the vehicle controls an advanced degree of driving tasks. Currently, most commercially available vehicle automation features are at Level 2 or below, though this could rapidly change in the near future. Here is a quick way to remember the levels:
- Level 0 – No Automation At this basic level, the human driver retains all driving control, though some safety assistance like emergency braking or other warning signals could be present.
- Level 1 – Driver Assistance At this level, the vehicle can assist with steering or acceleration/deceleration, but not simultaneously. The driver must be actively involved in driving but may receive assistance with steady speed (adaptive cruise control) and lane-keeping assistance.
- Level 2 – Partial Automation At this level, the vehicle can control steering and acceleration/deceleration at the same time, which represents greater technological autonomy. This level still requires an attentive and engaged human driver, though, who may need to intervene immediately during driving. This level of automation is best suited to highway driving.
- Level 3 – Conditional Automation The leap from Level 2 to Level 3 autonomy is significant. Level 3 autonomous vehicles handle all driving functions under certain conditions, such as highway and traffic jam driving. However, the system will signal a driver to take control when it encounters scenarios beyond its ability.
- Level 4 – High Automation At this level, a vehicle has the technology to completely control its own driving under specific conditions, but the option for human control still exists. Features can include things like dynamic path planning and navigation. These types of features require enhanced safety and cybersecurity to protect against threats.
- Level 5 – Full Automation The zenith of self-driving automation, this level is for vehicles that can drive themselves independently under any conditions a human driver can handle. This includes driving under any weather conditions, in busy urban or rural environments, and in stop-and-go traffic. Basic controls like a steering wheel, accelerator and brake pedal may not be present.
Some experts say that human drivers will soon be unnecessary. Keep in mind, though, that as of today, self-driving cars still have drivers. State and federal legislation – as well as traffic safeguards – need time to catch up with what vehicle technology can already do.
Self-Driving in California
Driving autonomous vehicles in California is legal. However, these vehicles – and human drivers – must adhere to the rules of the road. The Autonomous Vehicle branch of the state Department of Motor Vehicles (DMV) provides information on California’s autonomous vehicle regulations.
Autonomous vehicle milestones in California include:
December 16, 2015 – The DMV released draft deployment regulations for self-driving vehicles for review.
September 30, 2016 –The DMV released the revised draft deployment regulations and held a public workshop at the State Capitol.
March 10, 2017 – The proposed regulations to establish a path for the testing and deployment of fully autonomous vehicles in California were published, and the state began a 45-day public-comment period.
October 11, 2017 – The DMV published revised regulations that cover driverless testing and deployment of autonomous cars, trucks, and SUVs.
November 30, 2017 – The DMV released revised regulations for a second 15-day public comment period in which interested parties could weigh in.
February 26, 2018 – The California Office of Administrative Law (OAL) approved driverless testing regulations for the state. Shortly thereafter, the DMV began approving applications.
Will Your Personal Injury Claim Be Against the Driver or Manufacturer?
While NHTSA data shows there are more than 40,000 people killed in vehicle crashes annually, substantially more people are seriously injured each year in car accidents. If you’ve been injured in a self-driving collision, you may wonder: Will your personal injury claim be against the driver or manufacturer? Depending on the facts in your case, there could be one or several liable parties. These could include:
- Human Driver The human driver controlling the self-driving vehicle could have made an error that caused the crash. This can include distracted driving, driving under the influence of drugs or alcohol, or speeding. Under California law, the human operator of a self-driving vehicle is required to take control of the car if warning systems alert them to do so. Also, keep in mind that the driver of the other vehicle could have been negligent and caused the collision.
- Manufacturer The auto manufacturer might be responsible for vehicle design flaws that caused the crash.
- Software Company Software installed at the factory, but developed and produced by a software supplier, could have malfunctioned and caused the accident.
- Third-Party Entity Potholes, broken guardrails, and road debris could have caused the crash, in which case the government agency responsible for maintaining roadway safety could be at fault.
The answer to the question, “How is liability assessed in an autonomous vehicle crash?” is best left up to legal professionals who are intimately versed in California personal injury law. The best way to protect and advocate for yourself after a crash, particularly if you suffered significant injuries, is to hire a skilled car accident lawyer to represent you.
Contact Neale & Fhima for Aggressive Legal Representation
If you or a loved one has been seriously hurt in a crash with a self-driving vehicle, you may be entitled to financial compensation. At Neale & Fhima, we have a 99% success rate in handling personal injury cases. To find out more about what your case might be worth and to get your questions answered, call us for a free initial consultation at 888-407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
