Liability in an Accident with a Self-Driving Car

“Self-driving” vehicles (or mostly self-driving vehicles) have become increasingly popular, leading to accidents involving this technology popping up in the news more and more often. In most car accidents, the driver makes a mistake, making them liable for the crash and your injuries. However, determining liability can become challenging when faulty self-driving technology causes a crash.

What is autonomous vehicle technology?

According to an article published by Forbes, a car with autonomous vehicle technology “senses the conditions around it, including traffic, pedestrians, and physical hazards and can adjust its course and speed without a human at the controls.” The United States Department of Transportation also explains that vehicles with autonomous vehicle technology “are those in which at least some aspect of safety-critical control function (e.g., steering, throttle, or braking) occurs without direct driver input.” Although no fully autonomous cars are on the road, the technology is getting closer, and some drivers already treat their vehicles as if they are capable of autonomous operation.

Are there different levels of autonomous vehicle technology?

A vehicle can have six levels of autonomous technology. Almost every new vehicle today has some sort of autonomous vehicle technology. However, it is important to understand that some vehicles have more of this type of technology than others.

1. Level 0: If a vehicle is level 0, it has no autonomous vehicle technology whatsoever. Almost every older vehicle will fall into this category.
2. Level 1: A vehicle that is level 1 may have driver assistance technology. This means that the vehicle may assist the driver with certain functions like cruise control and sensor warnings.
3. Level 2: Level two vehicles have partial driving automation. Partial driving automation is in almost every modern vehicle today, and it offers assistance with steering, braking, and acceleration.
4. Level 3: If a vehicle is level 3, this means that it is equipped with conditional driving automation. This is a more advanced level of autonomous vehicle technology in which the driver can choose to give the vehicle control. However, the driver must activate this function and be aware and alert in case they need to take back over the vehicle.
5. Level 4: Level four vehicles have high driving automation. These vehicles usually handle the entire course of the drive. However, the driver has the ability to take over if they wish and should be ready to do so at all times. A vehicle with this level of autonomous technology may provide frequent warnings to make sure that the driver is paying attention.
6. Level 5: A vehicle that is level 5 has full driving automation and is the highest level possible for a self-driving vehicle. These vehicles do not require a human driver and can get from one destination to another with no human assistance. A vehicle with level 5 technology is not yet on the market.

How is fault determined in an accident with a self-driving car?

After a car accident with a self-driving car, the fault is determined by conducting an in-depth investigation, looking at all facts and details of the car accident claim, and collecting and assessing the evidence. While most accidents involve at least two drivers who could be at fault, an accident with a self-driving vehicle may involve multiple other parties, making it a little more tricky. Instead of depending on the drivers’ statements and evidence, insurance companies may want to dig even deeper and see the information recorded by the vehicle, which can be accessed through the event data recorder. This device is installed on the vehicle and provides insight into the “seconds before, during, and after any crash where an airbag is triggered or there is an excessive rate of vehicle deceleration.”

In addition, if the party driving the self-driving car argues that a manufacturing error caused the crash, they must be able to provide significant proof showing this. This can lead to an additional legal battle between the driver of the automated vehicle and the manufacturer. Most manufacturers state that drivers should remain alert and aware in the driver’s seat in case they need to take over the vehicle at any time. However, if it is found that the self-driving car was defective or malfunctioned in any way, the manufacturer could be liable.

Who can you sue for an accident with a self-driving car in Tulsa?

When an accident occurs with a self-driving car, there are a few parties you may be able to sue, such as:

• The driver: If it is determined that a driver was texting, sleeping, watching videos, or doing anything else that took their attention from the road and vehicle, you could sue them for your accident and injuries.
• The manufacturer of the vehicle: There are already cases of litigation against manufacturers when “self-driving” features fail.
• Other third parties: Those responsible for creating satellite maps, developing autonomous software programming, or maintaining and clearing roads can also be sued.

Are there insurance implications when it comes to these accidents?

Even though insurance companies are known to be extremely difficult to deal with in any type of car accident, they can be even more challenging in accidents involving self-driving cars. Many insurers depend on finding human fault in a car crash. When there is no human fault, and the crash is determined to be a technological error, the insurance company can become complicated, so it is critical to retain a Tulsa car accident attorney as quickly as possible.

The Tulsa car accident lawyers at Biby Law Firm Injury and Accident Lawyers understand the challenges of crashes involving self-driving cars. Please call our office or submit our contact form to schedule a free consultation in Tulsa today. You only have two years from the crash date to file a claim. Missing the deadline could lead to your case being dismissed.