Setareh Law
December 28, 2024
It’s usually clear which driver is in the wrong for a car accident. Speeding, failure to adhere to rules of the road, and driving while intoxicated are all common causes of car accidents, and they usually indicate a clear at-fault party. However, when it comes to autonomous, or self-driving, vehicles liability may be a little less clear.
We’re still years away from fully autonomous cars, but most manufacturers are including self-driving features in the latest models. These have been implemented to increase safety, but can still unfortunately result in an accident. However, who is at-fault if an accident occurred due to a self-driving car? If your injuries resulted from a self-driving auto accident, reach out to Setareh Law as soon as possible. While you focus on rest and recovery, we will get to work immediately on your case.
We’re still years away from fully autonomous cars, but most manufacturers are including self-driving features in the latest models. These have been implemented to increase safety, but can still unfortunately result in an accident. However, who is at-fault if an accident occurred due to a self-driving car? If your injuries resulted from a self-driving auto accident, reach out to Setareh Law as soon as possible. While you focus on rest and recovery, we will get to work immediately on your case.
We’re still years away from fully autonomous vehicles, but most manufacturers are including self-driving features in the latest models. These have been implemented to increase safety, but can still unfortunately result in an accident. However, who is at-fault if an accident occurred due to a self-driving car? If your injuries resulted from a self-driving auto accident, reach out to Setareh Law as soon as possible. While you focus on rest and recovery, we will get to work immediately on your case.
Understanding Self-Driving Cars
Self-driving cars, also known as autonomous vehicles, are revolutionizing the way we think about transportation. These vehicles can operate without human input, relying on a sophisticated combination of sensors, cameras, and artificial intelligence to navigate roads and traffic. The promise of self-driving cars lies in their potential to make roads safer and significantly reduce the number of accidents caused by human error.
There are different levels of autonomy in self-driving cars, ranging from Level 0 (no automation) to Level 5 (full automation). Level 0 cars have no autonomous features, while Level 5 cars can operate completely without human input. Most self-driving cars on the road today are Level 2 or Level 3, which means they have some autonomous features but still require human input in certain situations.
To function effectively, self-driving cars use a variety of technologies. Lidar (Light Detection and Ranging) is a laser-based sensor that creates a detailed 3D map of the car’s surroundings. Radar uses radio waves to detect the speed and distance of objects around the vehicle. Cameras are essential for detecting traffic lights, pedestrians, and other obstacles. Together, these technologies enable self-driving cars to navigate complex environments with a high degree of accuracy.
What Are the Regulations for Self-Driving Vehicles?
Right now, there are no federal driverless car safety, deployment, or liability standards, though many states are beginning to enact regulations regarding autonomous vehicles. Some laws now allow driverless cars to operate without traditional controls, such as a steering wheel, indicating a shift in the regulatory landscape as self-driving technology evolves. California lawmakers amended the Autonomous Vehicle Tester Program in 2018, allowing manufacturers to test self-driving cars without a passenger inside.
Since then, agencies have granted some manufacturers permission to sell their vehicles. As demand goes up and prices decrease, you may start to see more designs in the coming years and more autonomous cars on the roads.
Who Is Liable for an Accident Involving a Self-Driving Car?
California follows pure comparative negligence, meaning accident victims can file a claim against the liable party and receive damages in proportion to how much they were considered at-fault for the accident. With an autonomous car, though, it’s not quite as simple. Potential liable parties include, but are not limited to, the following:
In a car accident involving driverless vehicles, victims may seek various types of compensation through personal injury lawsuits, including punitive damages, depending on the circumstances.
Determining liability in such cases can be complex, as it may involve the manufacturer if the self-driving technology was in control, or shared liability between the driver and the manufacturer in semi-autonomous situations.
Filing a Claim Against the Other Driver
Whether a vehicle has an autopilot feature or not, drivers who engage in negligent acts behind the wheel, such as texting, speeding, or running lights, may be held liable for accidents they cause. When a human driver allows autopilot to take over, they become an operator, which California lawmakers define as the person in the driver’s seat who turns on the self-driving function. This does not exclude the driver from driving responsibilities. In this case, the driver may be liable for an accident.
Filing a Claim Against the Manufacturer
Any car manufacturer that creates, sells, or manufactures defective parts could be held liable for any injuries. California Vehicle Code 38750 requires self-driving cars to have an alert system to let the operator know if autonomous technology is failing. If manufacturers fail to put it in the system or it malfunctions, you might be able to file an accident claim against the vehicle’s manufacturer.
Establishing Negligence in Self-Driving Car Accidents
Establishing negligence in self-driving car accidents can be a complex process. In traditional car accidents, negligence is typically established by showing that the driver failed to exercise reasonable care. However, in self-driving car accidents, the question of negligence becomes more intricate.
To establish negligence in a self-driving car accident, the injured party must demonstrate that the self-driving car’s manufacturer or operator failed to exercise reasonable care. This could involve failing to properly design or test the self-driving technology, not providing adequate warnings or instructions, or neglecting to maintain the vehicle.
Additionally, the injured party must prove that the self-driving car’s failure to exercise reasonable care directly caused the accident. This can be challenging, as self-driving cars are designed to operate independently. However, experts can analyze data from the car’s sensors and cameras to reconstruct the events leading up to the accident, providing crucial evidence in determining liability.
Statistics for Self-Driving Car Accidents
The most common cause of driverless car accidents is a rear-end collision. Another common cause is sideswipe accidents, for which the other driver is typically responsible. This might prove that autonomous vehicles are safer than we think, since rear drivers are usually liable for these accidents. In fact, the National Highway Traffic Safety Administration says that 94% of accidents result from driver error, and self-driving vehicles might be the solution.
Some widely reported crashes include:
- A 2016 Tesla ran into an 18-wheeler
- A 2018 Tesla crashed into a disabled vehicle on the highway while going 80 mph
- A 2017 Chevrolet Bolt hit a motorcyclist
Insurance and Compensation for Self-Driving Car Accidents
Insurance and compensation for self-driving car accidents are areas that are still evolving. In traditional car accidents, insurance companies typically cover damages caused by the accident. However, in self-driving car accidents, determining liability is more complex.
In some cases, the self-driving car’s manufacturer may be held liable for damages. In other instances, the car’s operator might be responsible. Insurance companies are currently developing new policies to address the unique challenges posed by self-driving car accidents.
Moreover, self-driving car companies may also be liable for damages. Some companies, such as Volvo, have already stated that they will accept liability for accidents caused by their self-driving cars. As the technology and its adoption progress, we can expect to see more defined policies and clearer guidelines regarding insurance and compensation for self-driving car accidents.
The Future of Self-Driving Cars and Liability
The future of self-driving cars and liability is still uncertain, but it is a topic of growing importance. As self-driving cars become more prevalent, the question of liability will become increasingly pressing. Governments and regulatory agencies will need to develop new laws and regulations to address the unique challenges posed by self-driving cars.
Insurance companies will also need to create new policies to cover self-driving car accidents. Self-driving car companies will have to develop strategies for addressing liability and compensation, ensuring that they are prepared for the legal and financial implications of autonomous vehicle accidents.
Ultimately, the future of self-driving cars and liability will depend on a combination of technological advancements, regulatory developments, and societal attitudes. As self-driving cars become more common, we can expect to see new challenges and opportunities emerge, shaping the landscape of transportation and liability for years to come.
What Compensation Can I Receive from a Car Accident?
All car accidents are different, and the financial compensation you receive will vary based on the circumstances surrounding your case. After thoroughly investigating the incident, your California car accident attorney may be able to secure compensation for the following economic and non-economic losses:
- Past, present, and future medical bills
- Physical therapy
- In-home rehabilitation devices or needs
- Lost wages due to the inability to work
- Property damage
- Scarring or disfigurement
- Pain and suffering
- Loss of enjoyment of life
Self driving car owners may face unique responsibilities and potential liabilities, especially when their vehicle is taken off autopilot or if maintenance issues contribute to accidents.
When pursuing a claim, you should never put your faith in an insurance company. Remember, they are still a business, and their goal is to maximize profit. Unfortunately, this means using tactics to reduce or deny your claim. Your best bet is to partner with an attorney, such as one from our established team at Setareh Law.
Seek Out Legal Guidance from Setareh Law
Being in a car accident is overwhelming. Being in an accident where a self-driving vehicle was the cause is a new and confusing possibility. Advanced driver assistance systems (ADAS) play a crucial role in the operation and safety of self-driving technology, making legal support essential in the event of accidents. Ultimately, if you were not responsible for the crash, you should not have to cover any accident-related expenses. When you need help filing a claim against a negligent driver or manufacturer, turn to the car accident attorneys at Setareh Law.
Our attorneys have years of experience and know how to create a winning defense. Don’t delay, though. You only have two years from the accident date to file a personal injury claim in California. The sooner you contact us, the more likely we can help. Call (310) 659-1826 or complete our contact form to schedule a free consultation today. We also speak Spanish.
