As car manufacturers incorporate more autonomous features, determining liability in accidents is becoming more complex. Is the driver still responsible, or does fault shift to the manufacturer or software developer? Self-driving technology exists on a spectrum—from basic driver assistance systems to fully autonomous vehicles—and where a car falls on this scale plays a role in who may be held liable in a crash.
Car accidents often result in painful injuries, medical bills and lost wages. Determining who is responsible may be complicated by the arrival of self-driving technology. The attorneys at Saladino & Schaaf, PLLC, are here to help. We are dedicated to helping injured car accident victims get the compensation they deserve.
What Does Self-Driving Mean?
The Society of Automotive Engineers (SAE) defines six (6) levels of driving automation:
- Level 0: No automation. The driver performs all tasks.
- Level 1: Driver assistance. The vehicle can help with steering OR braking/accelerating, but not simultaneously.
- Level 2: Partial automation. The vehicle can handle steering AND braking/accelerating under specific circumstances, but the driver must remain alert.
- Level 3: Conditional automation. Under certain conditions, the vehicle can drive itself, but the driver must be ready to take over when needed.
- Level 4: High automation. The vehicle can drive itself under most conditions without human intervention.
- Level 5: Full automation. The vehicle can drive itself under all conditions.
Most cars with “self-driving features” are at Level 2, with some newer models approaching Level 3. This distinction could play a role in determining liability.
Driver Liability
At Levels 1-3, the driver still bears responsibility. Even with autonomous features engaged, drivers are generally expected to remain attentive to the road, be prepared to take control when necessary and use the vehicle’s driving technology appropriately according to manufacturer guidelines. If a driver misuses the technology—like sleeping, texting, or leaving the driver’s seat while autonomous features are engaged—they could be found negligent and liable for any resulting accidents.
Manufacturer Liability
As automation increases, so does the potential liability for manufacturers. Companies developing and selling self-driving technology may be held responsible for design defects in the hardware or software, manufacturing defects, failure to warn users about limitations, or misleading marketing about product capabilities. Product liability claims against manufacturers typically involve proving that the product was defective, the defect caused the accident, and the accident resulted in damages. Establishing a “defect” may be challenging for self-driving cars since the technology is new and standards are still evolving.
Software Developer Liability
Modern vehicles can sometimes be equated to “computers on wheels,” raising questions about liability for software developers who create autonomous driving systems. The software developer might share liability if a coding error or algorithm flaw leads to an accident. These cases may involve complex technical evidence and expert testimony to help determine if the software was reasonably safe and performed as designed.
Shared Liability Models
Self-driving accident cases can result in shared liability between multiple parties. An example scenario might involve a driver who failed to monitor the auto-drive system properly, a manufacturer who oversold the capabilities, a software developer who created flawed algorithms, and a municipality that failed to maintain road markings relied upon by the auto-drive system.
What This Means for You
If you own or ride in a vehicle with self-driving features, it’s important to:
- Understand the capabilities and limitations of your vehicle
- Follow manufacturer guidelines and warnings
- Stay alert even when autonomous features are engaged
- Keep your vehicle’s software updated
- Check your insurance policy to ensure it covers autonomous features
- Document any unusual behavior of autonomous systems
Don’t Go it Alone. We Are Here for You.
The legal landscape surrounding self-driving technology is still evolving. Vehicle accidents, even those in vehicles outfitted with the latest technological innovations, can and do still happen. Let us help.
Contact us if you or a loved one has been injured in a vehicle accident. At Saladino & Schaaf, we can help you understand your rights, explore your options, and help you get the compensation you deserve. Your first consultation is always free. Call (270) 444-0406 (Paducah) or (270) 753-1529 (Murray). Contact us today.