Self-driving cars are not a fantasy anymore. They are on the street, traversing traffic, making choices and yes, colliding. If and when a collision occurs, all of a sudden you are going to want to know who is liable for a self-driving car’s liability for an accident?
Unlike typical car collisions that surround the understanding that the human driver is at fault, self-driving car collisions could cover a tremendous amount of ground only to find a faulted driver or manufacturer.
Liability for a self-driving car accident could vary from being at fault to the manufacturer, the software developer, and/or even the owner of the car but it would all depend on the circumstances. As self-driving cars become more established, we had better familiarize ourselves with the concepts of liability for everyone on the road.
How Do Self-Driving Vehicles Work?
Self-driving vehicles are equipped with lots of cameras and sensors to see the roadway. They have software intelligence in order to understand everything around them and make decisions while driving.
The car’s software takes in information from the sensors and processes it in real-time to help the car drive safely, obey traffic signals, avoid items in the roadway, etc.
Some self-driving vehicles drive on their own while other self-driving vehicles allow a human to take over, if necessary. The technology used in self-driving vehicles is very advanced but it is not perfect and mistakes can happen.
Regulatory Framework for Self-Driving Vehicles
Self-driving cars are becoming more popular, but laws are still changing for self-driving cars. One aspect of the regulatory framework is testing, these manufacturers must display to regulators that their technology actually works.
If a company is developing self-driving cars, they typically test in controlled environments as well as everyday driving environments. The aim is to ensure that self-driving cars can manage all types of traffic conditions, and to prove that accidents can be avoided.
Another aspect is whether a human driver is required to be in the car. Some laws require driver to be sitting behind the wheel, and able to take control if required. Other new laws have permitted cars to perform full self-driving capabilities.
This is a significant concern, because who is responsible if self-driving cars get into trouble changes depending on which laws apply if applicable.
Insurance is another important issue. Governments are trying to decide, at the basic level, that there is some sort of mechanism for victims of crashes to recover damages. They consider whether the owners of the car, the manufacturer of the car, or other parties should be responsible for providing for the payment so that victims of crashes can recover money through insurance.
As you can see, self-driving cars are still in the infancy stage, so the rules will be changing. As self-driving cars begin to dominate the roads, and more vehicles are regulated by law governing self-driving cars, lawmakers will have to begin changing their policies to respond to self-driving technology.
Who Is Liable for a Self-Driving Car Crash?
Sometimes identifying who is liable for an accident involving a self-driving car is tricky. With human-driven cars, the bucket stops with the driver. In an accident involving self-driving cars, blame can easily shift from the human occupant, to the car company, or even the software for the vehicle.
Was the car negligent? A critical question is whether the technology within the vehicle failed in the first place. If it made an unwise decision not to stop for a pedestrian, then a vehicle manufacturer, or software developer, may be responsible.
Most often, there should still be human drivers capable of interacting with autonomous vehicles. Most self-driving cars still need a human driver to come to the aid of the vehicle during an emergency.
If the driver disregards warnings or acts carelessly, or illegally, negligence may fall back on the driver. If a person is supposed to take control at some point and is unable to react quickly enough, they may be liable.
There may be other extenuating circumstances affecting liability as well. If another driver driving recklessly crashes into a self-driving vehicle, than they may be liable. If an accident occurs in poor roadway conditions with faded lane markings, or malfunctioning stop lights; both factors maybe contributing factors to the accident and may be impacted with liability.
Manufacturer vs. Operator Responsibility
An important ongoing discussion in self-driving vehicle accidents is whether the manufacturer of the vehicle or the user operating the vehicle should be liable for negligent actions.
There are very specific details that these manufacturers provide to the operator when they sell the vehicle to ensure that they follow guidelines that should make the car safe to operate in autonomous mode.
Manufacturer’s design and build the vehicle, including the software necessary for the vehicle to operate autonomously. If a collision occurs due to something on the vehicle itself, then the manufacturer (the company that made the car) will probably be held liable in one form or another.
It could be a programming glitch, malfunctioning sensor, or how the vehicle interacted to certain situations. In these instances, the manufacturer could be required to compensate the victims of the accident or remedy the problems with the vehicle so that it does not happen in the future.
With all of that being said, the owner/operators also have their responsibility. Even though the vehicle is a self-driving vehicle, the owner of the vehicle still holds responsibility to ensure that they maintain the vehicle properly, and follow the guidelines necessary for normal operation.
If the owner/operator of the vehicle decided not to keep their software updated, ignored fixing a known issue, or operated the vehicle outside of its intended use, they too can be liable for any accidents that occur.
If the car does not require a human driver at all, it is fair to say that the owner/operator will be less responsible in general; however, some feel the owner/operator would still be responsible for ensuring that their vehicle is operated safely regardless of whether it involves an operator or machine.
What To Do If You’re In A Self-Driving Car Accident?
If you’ve been in a collision with a self-driving car, it can be difficult to know what to do. If there are injuries, get help immediately – this means calling someone who can help you – yourself this includes calling an ambulance.
Safety first! If it is a minor accident and you can do so safely, get the vehicle out of traffic. Was it in self-driving mode? If so, did it stop on its own, or did it drive on after the collision?
Once everyone is safe, you must begin obtaining evidence to support your claim. You will want to take photographs of the scene, photographs of the damage to the vehicles, road condition, traffic signs, and anything else that may be relevant. If there are witnesses, get their contact information. If the self-driving car has cameras or data logs, get that information too. The data may tell you what happened in the seconds before the accident.
Calling the police is a key step. Even if it is a minor accident, the official report may be useful for legal or insurance purposes. The police document the scene, talk to the parties involved, and document what happened.
You should also call your insurance company. You can tell them what happened, inform them of any evidence you gathered, but make sure not to tell them unnecessary information and definitely avoid an admission of fault. If fault is not clear at the time, the insurance company will sort it out.
And perhaps the most important thing to consider, if you are not sure of fault, you will want to seek legal help after an accident. A lawyer can advise you of your rights, organize your insurance claims and guide you through the legal system to make sure you have appropriate advice.
Auto accident are stressful, but if you can take the above steps you will have the best possible outcome. If the vehicle technology, or a person, or something else, caused the accident, having good documentation and knowing what to do next will protect all parties involved.