Who Is Liable for Self-Driving Car Accidents?

Car Accident | July 15, 2021

Self-driving cars are meant to prevent collisions associated with human error. Yet, so far, glitches with autonomous technology, problems with hardware and mistakes made by careless human supervisors have caused multiple self-driving car accidents, including some that were fatal.

Liability for a self-driving car accident can be tricky to determine, as you are not only dealing with another driver but multiple manufacturing companies. You may need assistance from an experienced car accident attorney to pursue an injury claim for a self-driving car accident.

The Driver

The majority of self-driving vehicles currently on public roads are not fully self-driving. Instead, they are semi-autonomous and require supervision and/or input by a human operator. If an investigation of a self-driving car accident finds that the vehicle and all of its parts were functioning correctly and as the manufacturer intended, the fault for the car accident may go to the human supervisor.

The supervisor could be liable for a wreck if he or she is guilty of:

  • Driving while distracted
  • Driving under the influence of drugs or alcohol
  • Falling asleep behind the wheel
  • Failing to take control of the vehicle when warned to do so by the software
  • Driving carelessly or recklessly
  • Failing to follow the manufacturer’s instructions

For example, in the case of the first pedestrian death involving a self-driving vehicle, the death of Elaine Herzberg in Tempe, Arizona in 2018, the backup driver was found liable for the accident for watching videos on her phone instead of looking at the road at the time of the collision. If the human operator should have done more to prevent the self-driving car accident, he or she may be responsible for the wreck, meaning the driver will have to pay for damages through his or her auto insurance company.

The Manufacturer of the Vehicle or Software

Self-driving vehicle technology is highly advanced and constantly evolving. Yet automakers that are designing and creating self-driving vehicles have a legal responsibility to ensure the reasonable safety of these vehicles. This responsibility may involve safety-testing the cars rigorously before allowing them on public roads.

If a manufacturer makes a mistake or skips steps, it can lead to a self-driving vehicle that contains a dangerous design, manufacturing or marketing defect. The same can be said for the creators of autonomous vehicle parts and software. If the self-driving car contained a defect and this caused or contributed to the accident, the manufacturer could be liable even if it did not make a mistake.

The legal doctrine of strict product liability holds product manufacturers responsible for injuries and deaths caused by defective products, regardless of whether or not the manufacturer was to blame. If the rule of strict liability does not apply, however, the victim will need proof of the manufacturing company’s carelessness or fault to hold the company liable.

The Government

Another party that could potentially be liable for a self-driving car accident is the city or state government where the car accident took place for allowing the vehicle manufacturer to test the car on a public road. If the government did not take steps to reasonably ensure public safety in permitting an automaker to conduct a driving test, such as by blocking roads off to the public, the government could bear partial responsibility for the car accident.

Consult With a Car Accident Attorney

If you get injured in a car accident involving a self-driving vehicle, contact an attorney for assistance with the claims process – especially if an autonomous feature was turned on and in use at the time of the accident. You may have grounds to hold not only the driver responsible but also a manufacturing company or another party. An attorney can carefully investigate your accident to help you determine fault, then help you bring a claim for maximum financial compensation.