With the introduction of autonomous vehicles comes a major shift in understanding liability in the event of an accident. Traditional concepts like driver fault are now entangled with questions about technical failure or software malfunctions.
Before self-driving technology emerged on public roads, identifying vehicle accident culpability mainly depended upon demonstrating negligent or unsafe driving behavior by any party involved. However, today’s scenario paints a different picture. What happens if the self-driving software malfunctions or a crucial sensor fails?
Determining liability shifts from looking almost solely at drivers themselves to other entities, including the manufacturer of the autonomous vehicle, developers of its software, and possibly even third-party entities involved in maintaining these vehicles and the software.
Whether you’re the one driving the autonomous car or you’re in an accident with one, it’s essential to speak to a personal injury lawyer who can help you determine what steps to take next.
What Exactly Is an Autonomous Vehicle?
An autonomous vehicle, often referred to as a self-driving car, is essentially designed to travel without the need for human operation. This means these vehicles can navigate and operate entirely on their own through roads and traffic. However, fully autonomous vehicles, designed to operate without any human intervention whatsoever, are not yet on our roads.
The majority of the autonomous vehicles present today are equipped with advanced driver-assistance systems (ADAS). These systems enhance safety and comfort by providing support in driving tasks but do not replace the need for a human driver.
Such technologies can include features like adaptive cruise control, which adjusts your speed to maintain a safe distance from the car ahead, lane keeping assistance that gently nudges your vehicle back into its lane if you begin drifting, or automatic emergency braking, which activates when an imminent collision is detected.
How Autonomous Vehicle Technology Influences Personal Injury Claims
Understanding how autonomous vehicle technology influences personal injury claims begins by acknowledging the function of artificial intelligence (AI) and machine learning in these vehicles. Integral to their operation, these advanced systems expedite response times and execute precise decisions based on real-time data received, all with an overarching goal of increasing road safety.
When accidents occur, the vehicle data becomes a critical component in personal injury lawsuits. The AI systems log and process huge amounts of information up to and including the time of accident while using machine learning to constantly improve their decision-making.
This allows for a precise reconstruction of events leading up to an incident, which can be instrumental when settling personal injury claims.
As AI becomes more advanced and more integral in vehicular control, the line of responsibility gets cloudy. Is it the manufacturer who programmed and installed the AI held responsible for its failures? Or is liability directed at operators (human overseers) interacting with this technology?
The legal landscape surrounding autonomous vehicles is comparatively new and continues to evolve, but it can certainly make liability determinations a bit more complicated in car accidents.
Insurance Claims Involving Autonomous Vehicles
When dealing with insurance claims involving autonomous vehicles, there are several unique factors you need to keep in mind.
The first is identifying fault or liability. As explained above, this differs a bit from traditional auto accidents, as when an autonomous vehicle is involved, there can’t be an automatic assumption that the driver is at fault.
Next comes repair costs, which may be significantly higher when an autonomous vehicle is damaged because of all the advanced features. It may be difficult to get insurance companies to pay out what you’re truly entitled to if you’re injured in an accident and there is damage done to your autonomous vehicle.
Another key consideration is access to the vehicle’s data. This serves as a comprehensive report of how, when, and why the incident occurred, which could direct fault towards or away from multiple parties and help or hurt your case.
Contact Gomez Trial Attorneys for Help With Your Amusement Park Accident Claim
While innovative autonomous vehicle technology brings with it numerous benefits — namely safety and convenience — complexities also arise when dealing with legal issues following an accident. If you’ve been involved in an accident while driving an autonomous vehicle or with another driver in an autonomous vehicle, we’re here to help. Contact Gomez Trial Lawyers to schedule a free consultation by calling 619-237-3490 or by contacting us online.
FAQ
What Should I Do if I’m Involved in an Accident With an Autonomous Car?
If you’re involved in an accident with an autonomous car, you should react similarly to if you were in any other type of motor vehicle accident. You should always call 911 so that law enforcement can come to the scene and create an accident report.
You should also exchange insurance, registration, and contact information with any other parties involved in the accident. As soon as you’re able to do so, you should reach out to a personal injury lawyer who can help determine liability and see if you’re entitled to compensation.
What Role Do Software Updates Play in the Safety and Liability of Autonomous Cars?
If an accident occurs following an update (especially if it was applied shortly prior), there are likely to be questions about whether the changes introduced were responsible for any malfunction or unanticipated behavior of the vehicle’s operation leading to the accident. Ultimately, an exhaustive investigation will need to be done to determine the cause of the accident.
What Are the Most Common Causes of Accidents Related To Autonomous Vehicles?
The most common causes of Advanced Driver Assistance Systems (ADAS) vehicle accidents include software errors, sensor malfunction or failure, human error in system supervision and operation, and negligent maintenance of the physical aspects of the vehicles.
What Compensation Can I Recover if I’m in an Autonomous Car Accident That Wasn’t My Fault?
If you get in an accident involving an autonomous vehicle that wasn’t your fault, the types of compensation that you can potentially recover generally include medical expenses such as ambulance fees, hospital stays, and physical therapy. It may also cover loss of earnings and property damage repair or replacement costs.
Non-economic damages like pain and suffering could also be obtainable. In very rare cases, punitive damages can be awarded for a defendant’s particularly egregious behavior.