What once seemed like a feature in a sci-fi movie is now becoming a reality. Nineteen companies intend to have self-driving cars, also known as driverless vehicles, on the market in the next year. The future of driving lies in this technology. It is already used in cars, trucks, and other motor vehicles in some limited capacity. It’s likely you’ll share the road with automated vehicles, or drive one yourself, sooner than later.
The prospect of getting drunk drivers, distracted parents, and inexperienced teens out of the driver’s seat is appealing to many. For now, the technology is far from foolproof. Historically, automation in vehicles dates back to features like ‘auto pilot’ introduced in 1958 Chrysler brochures as an early form of cruise control.
Introduction to Autonomous Vehicles
Autonomous vehicles, often referred to as self-driving cars or automated vehicles, are transforming the way we think about transportation. These vehicles rely on a sophisticated network of sensors, cameras, radar, and GPS to interpret their surroundings and navigate city streets and highways with minimal or no human intervention. By removing much of the human error that leads to motor vehicle accidents, autonomous vehicles have the potential to make our roads significantly safer. As self-driving cars become more common, understanding how they work—and the challenges they present, especially regarding liability—is crucial. While automated vehicles promise greater convenience and efficiency, they also introduce new questions about responsibility when a self-driving car is involved in an accident.
Automated Vehicle Technology
The technology behind autonomous vehicles is advancing at a rapid pace, with different levels of automation already being tested and deployed on public roads. The Society of Automotive Engineers (SAE) has defined a scale from Level 0, where the human driver is in full control, to Level 5, where fully autonomous vehicles can handle all driving tasks in any environment without human intervention. Many of today’s vehicles feature Level 2 or Level 3 automation, incorporating advanced driver-assistance systems like adaptive cruise control and automatic braking to help human drivers avoid collisions. As autonomous vehicle technology continues to evolve, the shift toward fully automated vehicles will have a profound impact on the insurance industry. Liability insurance and car accident claims will need to adapt to scenarios where the automated vehicle, rather than the human driver, is responsible for a car accident. This technological evolution is reshaping how we think about driving tasks, safety, and accountability on the road.
Who is Liable for a Self-Driving Car Accident?
Self-driving cars are designed to sense the environment and move safely with little to no human interaction. Even when they become fully automated, drivers won’t necessarily be 100% free of liability. Personal liability may still apply in certain circumstances, such as when a driver fails to intervene appropriately or does not follow safety protocols. As with any car accident, vehicle owners may be at-fault for a variety of reasons, including failure to upkeep their cars, which can result in property damage.
Drivers aside, a self driving vehicle or autonomous car comes with other complications. Vehicle manufacturers and manufacturing companies are often blamed when a faulty part malfunctions in a human-operated vehicle, raising issues of manufacturer liability. But several companies are responsible for the technology that goes into modern vehicles. In these cases, responsible parties may include software developers, component suppliers, and others, making determining liability and working to establish fault a complex process. Legal liability may shift from drivers to manufacturers, especially in cases involving negligence manufacturers or defects in automated driving systems. It is also crucial to identify the injured party to ensure proper compensation and justice. Lawsuits involving multiple parties in these accidents are likely to be especially lengthy and detailed. Depending on the outcome of liability investigations, courts may provide appropriate remedies to address damages and injuries.
Five Eras of Safety
Since the middle of the 20th century, car manufacturers have heavily focused on improving safety with each model they release. The National Highway Traffic Safety Administration highlights the most definitive advancements of their time.
Driver Assistance: 1950-2000
In 1964, seat belts began to come standard in all new passenger vehicles. Vehicles are mainly human-controlled during this 50-year period. Features like anti-lock braking and cruise control relieve drivers of some of their effort, and each new technology promotes safety by reducing the likelihood of accidents and enhancing driver control.
Partial Automation: 2000-2010
During this time, vehicles have combined automation functions, but drivers need to be engaged in driving the car. Technology such as blind spot detection, lane departure warning, and forward collision warning anticipate dangers people cannot. Studies show that Electronic Stability Control helps to reduce single-car accidents by up to 53%. These advancements must meet consumer expectations for reliability and safety, and comply with implied warranties regarding the vehicle’s performance and fitness for use.
Conditional Automation: 2010-2016
A driver is a necessity but is not required at all times to monitor the vehicle or the environment. The driver must be ready to take control of the vehicle with notice from the automated system. Examples of these features are advanced driver assistance features, lane centering assist, rear cross traffic alert, rear view video systems, automatic emergency braking, pedestrian automatic emergency braking, and rear auto emergency braking. As automation increases, there is a greater potential for manufacturing defects, especially in software, and manufacturers must anticipate foreseeable risks associated with these advanced features.
High Automation: 2016-2025
The vehicle is capable of performing all functions under certain conditions. The driver can have the option to control the vehicle. The features in this category are partially automated safety features, lane keeping assist, self-park, traffic jam assist, and adaptive cruise control.
Full Automation: 2025 and beyond
The vehicle is capable of performing all driving functions under all circumstances. Drivers may have the option to control their vehicles, but can take their full attention from the road to eat, sleep, read, and do practically anything they please. Features include fully automated safety features and highway autopilot.
Would self-driving cars reduce accidents?
According to the NHTSA, 94% of all road accidents are caused by driver error. Many automotive automation experts believe that fully and partially automated vehicles will reduce the number of fatalities and injuries caused by those accidents.
Understanding Liability in a Self-driving Car Accident
Self-driving cars are relatively new, so liability in an accident involving such cars hasn’t been clearly established by law. These vehicles use advanced sensors and software to monitor the driving environment, detecting road conditions, traffic, and obstacles. Many factors will go into establishing who is at fault. Driver liability may depend on whether the vehicle was operating in autonomous mode or self driving mode at the time of the accident.
Normally, if the driver is negligent, the insurance company pays for the negligence of the driver and the driver may suffer criminal penalties. However, in cases where the self-driving car is found to have malfunctioned in any way, the responsibility may be under product liability principles, making the vehicle’s manufacturer or the manufacturer of the automation system the at-fault party, especially for highly automated vehicles. Connected and autonomous vehicles introduce new challenges for existing laws regarding liability, as traditional frameworks may need adaptation. Even with advanced automation, some situations may still require human intervention to ensure safety. Understanding the driving task—such as route finding, steering, velocity control, and vehicle monitoring—is crucial, as automation changes the responsibilities of both the driver and the manufacturer. Local government bodies may also be liable for allowing self-driving cars on the roads without appropriate testing.
Car Manufacturers and Liability
Car manufacturers are at the forefront of the autonomous vehicle revolution, responsible for designing, building, and testing the automated systems that power self-driving vehicles. When a car accident involves an autonomous vehicle, the question of liability often turns to the manufacturer—especially if a defect in the automated system is to blame. Manufacturers are expected to adequately test their vehicles to identify and mitigate any risks posed by their technology. In many cases, the principle of strict liability applies, meaning car manufacturers can be held strictly liable for damages caused by their products, regardless of negligence. This legal standard requires manufacturers to accept liability for accidents caused by their autonomous vehicles, even if they took all reasonable precautions. As automated systems become more complex, the responsibility of car manufacturers to ensure safety and reliability will only increase, making thorough testing and risk assessment essential.
The Impact of Autonomous Vehicles on Insurance
The rise of autonomous vehicles is set to dramatically reshape the insurance industry. As self-driving cars and autonomous vehicle technology reduce the number of accidents caused by human error, traditional car accident claims are expected to decline. However, the complexity of these vehicles introduces new risks, such as product liability claims against manufacturers if a crash occurs due to a malfunction in the automated system. Insurance providers will need to develop new liability insurance products tailored to the unique risks posed by autonomous vehicles. According to the Rand Corporation, manufacturers may increasingly be held liable for accidents involving their autonomous vehicles, potentially leading to a rise in product liability claims and changes in insurance premiums. The insurance industry will need to adapt quickly to these shifts, ensuring that both drivers and manufacturers are adequately protected as the landscape of car accident liability evolves.
Regulation and Legislation
As autonomous vehicles become more prevalent, regulation and legislation are evolving to keep pace with the technology. The federal government has issued guidelines to support the safe development and deployment of autonomous vehicles, while individual states are crafting their own laws to address local concerns. The National Highway Traffic Safety Administration (NHTSA) plays a key role in setting standards for the testing and operation of autonomous vehicles on public roads. As technology advances, lawmakers are working to address complex issues such as liability, insurance, and the safe integration of autonomous vehicles into existing traffic systems. The ultimate goal is to promote safety and reduce road accidents, but the legal framework must also clarify who is responsible when a crash involving an autonomous vehicle occurs. As new regulations emerge, they will shape the future of self-driving cars and the responsibilities of all parties involved.
Rideshare Apps and Self-Driving Cars
The issue of liability is murkier when rideshare apps like Uber and Lyft are involved. If the automated vehicle is owned and operated by a ride-share company, multiple parties may be responsible. Rideshare companies may have some liability for failing to properly maintain vehicles and to appropriately train workers.
Existing Self-Driving Car Crash Lawsuits
The first fatal case was a Tesla driver. He was killed when he crashed into a tractor trailer. Some evidence suggests that the driver was inattentive and that the auto drive system repeatedly warned the driver to disengage auto drive and take manual control of the steering wheel. This highlights the driver’s responsibility to remain alert and ready to take control, even when autonomous cars are operating. Similar incidents have also happened where details are less clear. No other fatalities have been reported in those cases involving Tesla.
The most relevant case came from Tempe, Arizona. An autonomous Uber SUV killed a pedestrian at 38 MPH. The injured party walked off the sidewalk and stepped onto the road. It also seems by most accounts that she came out of the shadows and may not have been detected by vehicle sensors. She also appeared to be jaywalking. In such incidents, determining liability and the process to establish fault are crucial in legal proceedings.
Uber and the vehicle manufacturer could have no liability if it is proved that her actions led to the accident. If the Uber vehicle failed to recognize the pedestrian, then Uber, the car manufacturer and the manufacturer of the technology could be held singly or jointly responsible. The state of Arizona may also be held partially responsible for allowing the autonomous car on the road.
The truth of the matter is that autonomous cars are a recent phenomenon and there just is not enough information available to immediately give clear and decisive liability judgments.
When to Hire a Car Accident Attorney
Self-driving cars may seem a while away and legal cases have yet to set precedents about liability in these cases. Even so, you should contact an experienced car accident lawyer if you’ve been involved in an accident.
At The Eberst Law Firm, we have the experience, resources, and team to help you with your case while you concentrate on your recovery. You can contact us online or call us at 772-225-4900.
About the Author of this Page: The above information was written or reviewed by one of the attorneys at The Eberst Law Firm who have extensive experience trying legal cases outside and inside courtrooms throughout Florida. This article was also extensively researched to ensure that all information is accurate and up to date. If you want to know more about the author of this page, view our our attorney bios here.
