Setareh Law
January 26, 2025
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? In such cases, the autonomous vehicle manufacturer could be held liable for design flaws or defects in their vehicles. 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 is a Self-Driving Car Accident?
A self-driving car accident refers to a collision or crash involving a vehicle equipped with advanced driver assistance systems (ADAS) or autonomous technology, which allows the vehicle to operate without human input. These accidents can occur for various reasons, including software glitches, hardware malfunctions, design flaws, or human error. Self-driving car accidents can result in injuries, fatalities, or property damage, and determining liability can be complex and challenging.
Self-driving cars rely on a combination of sensors, cameras, and artificial intelligence to navigate roads and traffic. While these technologies aim to enhance safety, they are not infallible. For instance, a software glitch might cause the vehicle to misinterpret traffic signals, or a hardware malfunction could impair its ability to detect obstacles. Additionally, human drivers interacting with self-driving cars can introduce variables that lead to accidents.
Determining liability in a self-driving car accident involves examining various factors, such as the vehicle’s data, the actions of the human driver, and the performance of the autonomous technology. This complexity underscores the importance of consulting with an experienced legal team to navigate the intricacies of such cases.
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. Self-driving car crashes add another layer of complexity to determining fault, as investigations may involve drivers, vehicle manufacturers, and software designers.
Determining liability in such cases can be complex, as it may involve the self-driving car manufacturer if the self-driving technology is 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. Vehicle manufacturers have significant responsibilities and potential liabilities in these cases, as they must ensure the safety of their products and comply with state regulations. Manufacturing defects or design flaws can lead to substantial legal accountability.
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. Self driving car manufacturers play a crucial role in liability and compensation, especially when it comes to providing substantial evidence to establish negligence. Plaintiffs may require technical analysis and expert testimonies against these manufacturers to support their claims. 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.
What to Do After a Self-Driving Car Accident
If you are involved in a self-driving car accident, it is essential to take the following steps to ensure your safety and protect your rights:
1. Seek Medical Attention: If you or anyone else is injured, call emergency services immediately. Even if the injuries seem minor, it is crucial to get medical attention to prevent any potential complications.
2. Report the Accident: Inform the authorities and file a police report, even if the accident seems minor. This will help create a record of the incident and provide valuable information for insurance claims and potential lawsuits.
3. Gather Evidence: Collect as much evidence as possible, including:
- Photos of the accident scene, vehicles, and any damage
- Witness statements and contact information
- Video footage from dashcams, surveillance cameras, or other sources
- Vehicle data, such as speed, location, and sensor readings
4. Notify Your Insurance Company: Inform your insurance provider about the accident, even if you are not sure who is at fault. They will guide you through the claims process and help determine liability.
5. Consult an Experienced Legal Team: Self-driving car accidents involve complex technology and liability issues. An experienced legal team can help you navigate the process, determine liability, and ensure you receive fair compensation for your damages.
6. Preserve Vehicle Data: If the self-driving car is equipped with a black box or other data storage devices, it is essential to preserve this data to help determine the cause of the accident.
7. Cooperate with Investigators: Be prepared to cooperate with investigators from the vehicle manufacturer, insurance companies, or regulatory agencies. Provide them with any requested information and evidence to help determine liability.
Remember, self-driving car accidents are a new and evolving area of law. It is crucial to work with an experienced legal team to ensure your rights are protected and you receive fair compensation for your damages.
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.
