Who Would Be Liable For Self-Driving Vehicle Accidents?

Who Would Be Liable For Self-Driving Vehicle Accidents?

On Behalf of Rosenthal, Levy, Simon & Sosa | July 01,2023 | Car Accidents

Automated technologies, such as advanced driver assistance systems already being used on U.S. roadways and future driverless systems in their mature state, can potentially decrease the incidence of accidents, prevent injuries, and save lives. In fact, in some situations, automated technologies may be able to identify the threat of a crash and act faster than real drivers. These technologies could greatly support drivers and reduce human errors and the resulting crashes, injuries, and economic tolls.

Even still, according to the National Highway Traffic Safety Administration (NHTSA), over two dozen people have died in accidents involving self-driving cars since 2016—11 of them just last year. Who is liable for injuries and damages in self-driving vehicle accidents? If you have been involved in an accident with a self-driving vehicle, having a well-versed West Palm Beach car accident attorney on your side is crucial.

Concerns Over Self-Driving Vehicles

Of course, just like other newer forms of technology, self-driving vehicles have their downsides. Here are some of the downfalls that should be considered in conjunction with their safety as well as other benefits:

• The reliability of their newer technologies
• Uncertainty about when they will be available for widespread use
• Self-driving vehicles run on software, which automatically makes them vulnerable to hackers and other types of criminals who might be able to infiltrate the software and dominate the controls—then who would be liable for an accident?

Who Takes the Blame for Self-Driving Vehicle Accidents?

This is a complex question with many legal aspects. Ask the automobile manufacturers, and they'll tell you the driver is always entirely the responsible party. They argue that if and even when their supervised autonomy fails, the human driver should be there to take over, as Advanced Driver Assistance Systems require constant human oversight.

However, some legal professionals argue that the driver isn't completely liable because the nature of modern semi-autonomous systems requires the driver and machine to work together in the driving endeavor. They say human drivers shouldn't shoulder full liability for the harm arising from a shared responsibility and further recommend that:

• Statutory measures be put in place to encourage regular software updates for self-driving vehicles.
• Self-driving vehicle consumers pursue fraud and warranty claims if they find out that manufacturers exaggerate their autonomous capabilities. Claims for economic damages should encourage manufacturers to invest in fixing product defects before instead of after their consumers sustain a serious physical injury.
• Courts should consider self-driving vehicles as a system, which means dividing responsibility when they must allocate liability.

Injured by a Self-Driving Vehicle? Contact a West Palm Beach Car Accident Attorney for Help

At Rosenthal, Levy, Simon & Sosa, our seasoned West Palm Beach car accident attorneys can handle all types of cases, including those involving self-driving vehicles. We understand the complexities of these cases and fight for your right to compensation. Our attorneys will ensure all factors are considered, including the liability of the car's manufacturer.

Call us today at 561-478-2500 or use our convenient online contact form to schedule your no-obligation self-driving car accident case review.