The Impact of Autonomous Vehicles on Personal Injury Law

Autonomous vehicles, also known as self-driving cars, are becoming more common across the nation. While it’s true that self-driving vehicles may decrease the number of accidents on the road, they are creating new challenges that are affecting personal injury claims.

For example, in the aftermath of a traditional car accident, typically, both involved drivers exchange information. However, in accidents involving fully autonomous vehicles, what happens when the victim approaches the driver of the car only to discover that there is no driver? Who then would be liable for fair compensation to the victim in his or her personal injury claim?

Questions such as these highlight how self-driving auto accidents are changing how typical car accident cases are handled under personal injury law. Here, we will explain how these unique personal injury cases are actually reshaping personal injury law.

Most Common Causes of Autonomous Vehicle Accidents

In most traffic accidents, driver negligence is discovered to have been the cause of the crash. However, in accidents with autonomous vehicles, there may be several factors that caused the collision, including:

• Software problems: The programming responsible for operating the autonomous vehicle may become defective. If this happens, the car will fail to perform in a safe manner.

• Hardware problems: In some cases, the physical components needed for the computer to drive the car successfully may fail. These include the cameras and sensors that are needed to detect objects on the road.

• Hazardous road conditions: Inclement weather may cause the vehicle’s cameras or sensors to become unclear, which may result in an accident. Also, if lanes are not clearly visible, an autonomous vehicle may veer off course.

• Human error: While it is true that an autonomous vehicle is self-driving, the person in the seat may still be required to take over in the case of an emergency. If he or she fails to notice a potentially hazardous situation and act, then driver error could be the cause of the accident.

This list, although not comprehensive, highlights some common causes of self-driving auto accidents. It also shows that a thorough investigation would need to be performed by legal professionals to establish accident liability for the victim’s personal injury claim.

Challenges of Determining Liability in Autonomous Vehicle Accidents

All auto accident cases come under the law of personal injury. Since traditional auto accidents usually involve just two drivers, the victim, and the at-fault party, determining liability is often straightforward. However, as autonomous vehicles become more common on the road, determining liability in the aftermath of a crash is becoming much more complicated for several reasons.

One reason is clearly determining fault in the aftermath of the crash. There are numerous potentially liable parties in personal injury cases of accidents with a self-driving car.

Some of these parties include the following:

• The manufacturer: If the investigation reveals the cause of the accident to have been a failure of the vehicle’s hardware, such as the sensors, steering, or braking system, then the manufacturer of the faulty part could be found liable. Some examples include a car’s sensors failing to detect an object on the road or failure to apply the brakes.

• The software developer: Crucial to the operation of an autonomous vehicle is its software. If a programming error occurs with the advanced driver assistance systems, or the artificial intelligence miscalculates the distance of other vehicles on the road, and an accident occurs, then the software developer could be pursued for compensation for damages.

• Human driver: Although an autonomous vehicle’s software is operating the car, the person behind the wheel may still be responsible for monitoring its function and intervening when necessary. If he or she fails to notice any warnings and act accordingly, then the vehicle owner may be found partially or entirely responsible for the crash.

• A county or municipality: In some cases, the cause of the accident is found to be poorly maintained infrastructure, which includes unclear lane markings, poor signage, and hazardous road conditions, such as potholes and cracks in the surface. In accidents that result from such poorly maintained conditions, the government could be liable.

• Another driver or pedestrian: The driver of another vehicle or even a pedestrian may have caused the crash due to negligent behavior. Some examples include aggressive driving and pedestrian jaywalking.

Another reason why some injury claims involving self-driving cars are complicated is that not all cases come under the same personal injury laws as typical auto accident cases. Sometimes, autonomous car accidents fall under product liability law, which is a specific type of personal injury law. Product liability law would require an intense, thorough investigation to obtain and isolate the facts to prove liability.

In product liability claims, in order for a victim to receive compensation from the at-fault party, the following three elements must be proven:

1. The product was defective when it left the control of the manufacturer
2. The victim used the product as intended
3. The injuries sustained by the victim are a direct result of the faulty product

These are just two reasons that highlight the impact and legal challenges that self-driving car accidents are having on personal injury law cases. These reasons also show why the assistance of a personal injury attorney is especially crucial in the aftermath of an accident with a self-driving car.

Get Your Case in Good Hands Today

If you or your loved one has recently been in an accident with an autonomous vehicle, you are entitled to be compensated for damages. However, due to the complicated nature of determining fault and pursuing fair compensation in autonomous vehicle accidents, it would not be wise to try to deal with the legal challenges alone.

You need the assistance of legal professionals, like Harker Injury Law. Our experienced personal injury attorneys are familiar with the process of investigating and pursuing compensation in autonomous auto accidents.

Our law firm has successfully settled millions for our clients. With us, you are like family. We will fight for you while you heal. Contact us today for a free consultation.