Self-Driving Car Accidents: Liability Issues and Steps to Take 

The number of accidents involving self-driving cars has been increasing annually, correlating with the broader adoption and testing of autonomous vehicle technologies. While advancements in autonomous technology have made the vehicles safer in recent years, they can still be problematic. Based on the most recent statistics available, when comparing crashes per million miles driven, self-driving cars had more than double the number of accidents as  human-driven vehicles.

Liability Issues in Self-Driving Car Accidents

Liability in self-driving car accidents is a complex legal issue that depends on multiple factors, including the level of automation, the specific circumstances of the crash, and the applicable laws in a given jurisdiction. Key aspects include:

• Driver Liability—If the vehicle is at a lower level of automation (Level 2 or below), where the human driver is required to monitor and intervene, the driver may be held liable if they failed to take appropriate action. Drivers may also be responsible for improper use of autonomous features, such as using a Level 2 system (like Tesla’s Autopilot) as if it were fully autonomous.
• Manufacturer Liability—If a self-driving system (Level 3-5) fails due to a defect or malfunction, the manufacturer may be held liable under product liability laws.
• Software Developers and Third-Party Companies—If the accident was caused by a flaw in third party software (AI algorithms, sensors, mapping systems), the software provider could be held liable. Cybersecurity breaches that lead to crashes may also implicate software companies.
• Owner Liability—If the vehicle owner fails to maintain or update the self-driving software, they may bear some responsibility. Modifications to the system (such as disabling safety features) could also make the owner liable.
• Government and Infrastructure Liability—Poorly maintained roads, incorrect traffic signs, or faulty infrastructure (such as traffic lights) may shift some liability to local governments.

Steps to Take if You’re Injured in a Self-Driving Car Accident

Prioritize Safety and Seek Medical Help

• Check yourself and any others involved for injuries.
• Call 9-1-1 to report the accident and request medical assistance.
• Even if you feel fine, get checked out by a doctor, as some injuries take time to manifest.
• Be sure to document whatever medical care you receive, including copies of medical records and expenses. Medical records can be important for any future legal claims.

Contact Law Enforcement

• A police report is crucial for insurance and legal claims.
• Always cooperate with police officers and provide complete, accurate information.
• Request a copy of the police report when it’s available. Much like medical records, police reports are important for insurance and legal claims.

Document the Scene

• Take photos and/or videos of the accident, vehicle damage, road conditions, and injuries.
• Gather contact information for any witnesses to the accident.
• Take special note of details such as time, location, weather, and any unusual vehicle behavior.

Identify the Parties Involved

• Get details about the self-driving car, including the owner, manufacturer, and any company operating it.
• Note if it was in fully autonomous mode or under human control.
• Exchange insurance information with other parties.

IMPORTANT—Always Avoid Admitting Fault

• Stick to the facts when speaking to police, insurance companies, and other drivers.
• Don’t, under any circumstances, speculate about what caused the accident.

Notify Your Insurance Company

• Report the accident promptly.
• Provide factual information, but again, avoid admitting any fault before a full investigation has been completed.

Preserve Evidence

• As stated previously, keep copies of medical records and police reports.
• If the self-driving car had cameras or black box data, request access through legal channels.

Consult an Experienced Lawyer

Self-driving car accidents involve complex liability issues (driver, manufacturer, software developer, etc.). A lawyer with the necessary staff, resources, and experience can help you determine who is responsible for the accident, and guide you on filing a claim.

If you or a loved one are involved in a personal injury incident due to a self-driving car, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.