Self-Driving Vehicle Accidents
Even regular passenger cars now come with features that take away responsibility from the driver for performing certain tasks, with capabilities to accelerate, brake, and steer. Self-driving or autonomous cars are often thought of as driverless, but self-driving cars are not yet available for sale to the public. Even with advanced technology, there are some situations where the car’s system might have difficulty making decisions, such as the ethical decision whether to hit a car (causing more damage to the self-driving car) or a child (minimizing damage to the self-driving car but causing more harm to a person).
Some ride-sharing companies are taking advantage of driverless technology for personal and business use. With current California laws and regulations, responsible parties are still required for any vehicle operated on a public road. Insurance companies also need to know who is responsible when there is an accident, and how to contact the owners. Clearly, this is a field that is going to keep changing for the foreseeable future. In fact, Google announced in 2010 that California drivers had been sharing the roads with driverless cars since 2009 as part of a secret project.
Accidents Caused by Autonomous Vehicles
There are tens of thousands of driverless vehicles on the road, with more on the way. The first fatality thought to be the fault of a robot car occurred in China on January 20, 2016, and involved the vehicle slamming into a road sweeper on a highway. The first US fatality was in Florida, on May 7, 2016. In that case, the car apparently couldn’t tell the difference between a truck and the sky and the vehicle drove at a fast speed into a semi. At the time, Tesla blamed the driver because they claimed that the Autopilot was an assisting feature only and that the driver was responsible for remaining alert and to take over if necessary.
In California, the first self-driving car fatality occurred on March 23, 2018, in Mountain View, California, and involved one of Google’s autonomous cars. This was shortly after Google had criticized California for wanting to require a steering wheel, throttle, and brake pedals in every autonomous vehicle so a human would be able to assist in an emergency, and the driver who died had complained about the steering not working correctly.
Who Is Responsible Under California Liability Laws?
Federal regulators have not yet given their approval for the technology, and it is reasonable to question if self-driving cars should be allowed to operate freely while there are still possibly glitches. Regardless, the liability rules are the same. In any accident, the at-fault party is the one responsible and will be the one required to pay for any injuries or damages. Experienced California Auto Accident Attorneys understand the complex issues involved when driverless cars are involved in accidents and are watching the development of both the technology and the associated law. Instead of blaming that the driver to be negligent, it may be appropriate to blame the company in charge of the vehicle or the auto manufacturer (under the product liability and/or strict liability theories).
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Comparative Fault in Driverless Car Accidents
California courts apply a standard of comparative negligence or non-absolute contributory negligence to personal injury cases. That means that if you sue someone who caused an accident, the judge or jury will consider whether you were also at fault for causing the accident. In a hypothetical case, the court may find that the defendant caused the accident by driving too fast, but the plaintiff was 10% at fault for their actions. If the judgment is $500,000, the defendant will be required to pay $450,000, because they are not responsible for the negligence of the plaintiff.
Joint / Several Liability in Driverless Car Accidents
In regular accidents, liability may be divided among various drivers, pedestrians, and government agencies. With self-driving vehicles, there are more people to blame. Could the accident have been avoided if the passenger was paying attention? Was it the fault of a mechanical defect, so the fault of the manufacturer? Did the computer programmer make an error that caused the problem? The vehicle owners are also responsible for making sure the vehicles are properly maintained, such as keeping the tires aired and broken lights replaced. Most accidents now are deemed driver error, but self-driving cars bring up other issues. You may even end up filing a lawsuit against all parties involved, including the self-driving car manufacturer, the owner of the vehicle, and the passenger. It will depend on the circumstances and why the crash occurred.
Protecting Your Rights
If you or a loved one has been involved in an accident caused by a self-driving car, you have the same rights as when a driver caused the crash that injured you. You can protect yourself by speaking with an experienced California personal injury attorney at Legal Passkey, and we are happy to offer you a free consultation on your case.
