Vehicles are becoming more and more automated. Features, such as emergency braking, lane centering, blind-spot detection, crash warnings, and fully autonomous operation, mean that drivers are doing less, while vehicles are doing more.
Even though these features are meant to reduce accidents and lessen their severity, accidents still happen.
Who is at fault in a self-driving car accident?
LA Century Law is a self-driving San Bernardino car accident attorney. Let’s discuss who is responsible for self-driving car accidents.
How Self-Driving Cars Work and Why Accidents Still Happen
A self-driving car is a motor vehicle that operates without continuous human intervention. Instead, it relies on sensors and other perception mechanisms to direct vehicle movement.
Rather than a person using a steering column, brakes, and other controls to manipulate the vehicle, the vehicle self-directs its movements. It relies on its own inputs to detect traffic and obstructions to navigate travel.
Levels of self-driving cars
Self-driving cars vary in their levels of automation. Some vehicles are completely autonomous. In theory, for fully autonomous vehicles, no human interaction is required.
Other vehicles provide limited driver assistance, such as adaptive cruise control or lane-keeping assistance.
In the motor vehicle industry, automation is grouped by level. Level 0 is no automation, with fully human driving. Level 5 is complete automation, with no human intervention required.
Accidents still happen
Self-driving cars often remove human judgment from the driving process. Still, accidents happen. Here’s why:
- Programming. Automated programming may not be complete or nuanced enough to handle a specific situation.
- Malfunctioning. Software can malfunction and fail to work as intended.
- Sensor faults. Sensors, cameras, radar, and other systems that gather information can fail, causing an improper vehicle response.
- Mechanical issue. Vehicle brakes, steering, signaling, and other components can fail, causing a vehicle to deviate from its intended course.
- Unavoidable/unpredictable. A crash may be unavoidable due to the actions of other vehicles, objects, and multiple hazards present simultaneously.
- Control. The person responsible for the vehicle may fail to take control when necessary.
- Road conditions. Missing lane markings, malfunctioning traffic lights, and temporary traffic patterns can confuse automated driving systems.
The person responsible for the vehicle may not appreciate the limits of self-driving features. There may be problems with the technology itself, or it may fail to function as intended.
Who Can Be Held Liable in a Self-Driving Car Accident in California?
There are several parties that may be liable in a self-driving car accident in California:
Self-driving vehicle operator
Unless a vehicle is fully automated, and often even if it is, there may still be times when human intervention is necessary. If the person doesn’t take over, they may be liable for a vehicle error. In addition, a driver may be responsible for driving errors during manual operation.
Other vehicle operator
All vehicle operators must drive carefully and follow the rules of the road. If a driver acts negligently and causes a collision with a self-driving car, they may be liable to the victims for injuries and property damage.
Motor vehicle manufacturer
The motor vehicle manufacturer may be liable for poor design, manufacturing defects, or a failure to provide sufficient instructions for safe use. A manufacturer may be liable for foreseeable and anticipated use of a vehicle.
Parts supplier
Companies that provide components to a self-driving vehicle may be liable when a malfunction occurs. Suppliers may provide the vehicle’s physical components or specific self-driving features.
The party responsible for road maintenance
Road maintenance can confuse an autonomous vehicle. A government agency with responsibility for maintaining the road can be liable if road design or conditions contribute to a crash.
Maintenance provider
Poor maintenance can cause a vehicle malfunction. A party responsible for negligent repairs or a poor vehicle check-up may be at fault when a collision occurs.
How California Law Regulates Self-Driving Vehicles on Public Roads
California law regulates self-driving vehicles.
These regulations cover topics like:
- Permits for road tests and vehicle deployment.
- Data reporting.
- Vehicle interactions with first responders.
- Testing requirements, driver monitoring during testing.
- Automation engagement and disengagement mechanisms, visual indicators.
- Mechanisms for a driver to assume control.
- Continuation of federal motor vehicle safety standards.
- Manufacturer insurance requirements.
- Consumer disclosures about vehicle data gathering.
Officials say that these regulations balance safety and innovation. Lawmakers have updated these laws frequently.
What Evidence Do You Need To Prove Fault in a Self-Driving Car Accident?
Evidence to prove fault in a self-driving car accident may include:
- Witness testimony, including your own story of what occurred.
- Vehicle data recorder information.
- Photos and video of the accident scene.
- Car accident reconstruction.
- Evaluation of vehicle damage.
- Information about how automated features work.
- Software version and update history.
- Mapping data, showing maps used to facilitate operation.
- Vehicle testing and inspection information.
You may rely on experts to explain automated features. The evidence needed varies from case to case.
What Compensation Can You Recover After an Autonomous Vehicle Accident?
You may recover economic and non-economic damages after an autonomous vehicle accident. When another party is responsible for the accident, including a vehicle driver, manufacturer, or other party, you may claim the damages available to car accident victims.
The damages that you may receive are based on your actual losses and suffering. You must prove the defendant’s fault.
Why You Need an Experienced San Bernardino Car Accident Attorney for These Cases
Determining fault in a self-driving car accident can be complex. Vehicle manufacturers and insurance companies don’t want to pay compensation. An experienced San Bernardino car accident attorney can fight for your compensation.
At LA Century Law, our self-driving car accident attorneys understand the unique issues in self-driving vehicle accident claims. Our attorneys investigate the underlying causes of a crash. We prepare evidence for admission in court, follow court rules, and present a compelling case.
If you have been in a self-driving motor vehicle accident, please contact us for a consultation. See how a lawyer can help. Call or message us today.