Who’s At Fault When Robot Cars Crash and Injure People?

While your next new car might not fold into a briefcase à la the futuristic 1960s cartoon series The Jetsons, self-driving cars are no longer a dream of the far-off future.

Pilot programs for fully autonomous trucks are racking up hundreds of miles on public highways in several states. Soon, these driverless trucks will be hauling freight across the country.

These vehicles have drawn skepticism from safety advocates, who warn that with almost no federal regulation, it would be up to the companies to determine when the semis are safe enough to operate without humans on board. With billions of dollars in investments at stake, many experts wonder how the truck companies will balance safety decisions against cost concerns.

No Technology is Foolproof, With Innovation Comes Risk

Many self-driving cars have problems that put everyone on the road in danger. Technology is not foolproof, especially when it involves highly complex sensors and artificial intelligence central to self-driving cars.

We’ve also learned the hard way that automakers deny responsibility or cover up manufacturing defects to protect profits. One report argues that beleaguered auto manufacturer Tesla has been miscounting crashes to make its Autopilot seem safer than it actually is. Another investigation found that Tesla blamed drivers for crashes involving parts it knew were defective.

Who is Liable? Operators Still Blamed for Crashes

The question of liability in a collision involving autonomous vehicles is murky at best. Is the operator, the manufacturer, or the software designer at fault?

Currently, liability in accidents involving autonomous vehicles varies depending on the level of automation. The Society of Automotive Engineers breaks vehicles into automation levels, from zero (no autonomous features) to five (a car that can operate entirely on its own with no human presence.)

Determining liability becomes more complex in vehicles with partial automation (levels 2 and 3), where control is shared between the human driver and the vehicle’s technology. In contrast, fully autonomous vehicles (levels 4 and 5) may place greater responsibility on the manufacturer or software developer for any malfunctions that cause accidents. This shift could turn auto accident claims into product liability cases or a combination of the two.

Robot Cars Will Change Traditional Approaches to Liability

In 2017, the American Association of Justice looked at the current landscape and sounded the alarm on what may need to change for insurance and liability in the age of robot cars. 

“Widespread adoption of robot cars could have a revolutionary impact on safety, but the impact of such a robotic revolution would go beyond transportation. Without human drivers or insurance policies to match, traditional approaches to liability – when there are crashes – may have to evolve,” they wrote.  

What You Can Do to Avoid a Catastrophe

Self-driving technologies and, eventually, fully autonomous cars will likely be a reality sooner rather than later. Consider these tips along the way:

  1. Before you purchase a new car, review safety ratings for both the mechanical and computer-driven technologies already on board.
  1. Just as you would if driving a car without automated features, keep your attention on the road. Don’t exclusively rely on automated features to keep you safe.
  1. Support the laws and lawmakers that insist on safety for driverless cars and strict liability for autonomous vehicle manufacturers.

If you’ve been injured in an accident involving a self-driving car and wish to discuss the specifics of your case in a free consultation with an experienced personal injury lawyer, please contact us today.