Who is Liable for a Self-Driving Car Accident?

JodatApril 11, 2016

Question: Who is Liable For an Auto Accident Caused By a Self-Driving Car?

On February 24, 2014, in Mountain View, California, one of Google’s autonomous cars crashed into the side of a public transit bus. The car’s test driver, who by law must be in the front seat and ready to take the wheel, if necessary, thought that a passing bus would yield and was not in control of the car when the self-driving car accident occurred.

The auto accident, which took place near the intersection of El Camino Real and Castro Street, occurred when the self-driving vehicle detected sandbags in the street that were placed around a storm drain. The vehicle had initially moved into the right lane to make a turn but was moving back left to avoid the sandbags when it detected a bus coming on the left. The vehicle erroneously assumed that the bus would stop or slow down to let it pass. Seconds later, it made contact with the side of the bus.

Luckily, there were no injuries, but the bus suffered minor damage and the front left wheel of the Google vehicle was damaged. The car was only traveling at a rate of two mph when it hit the bus.

So, who (or what) is liable for this self-driving car accident? The bus driver, the test driver, or the self-driven car? This is a question that many have been discussing ever since Google started testing its fleet of autonomous cars on the streets of Silicon Valley in 2015.

Google has admitted that it bears some liability, stating that if the car hadn’t moved into the bus’s path, there wouldn’t have been an accident. In fact, Google cars have been involved in more that 12 accidents since testing began. In most cases, however, the car was rear-ended by driver-controlled vehicles. So, this could be the first time a self-driven Google car has been responsible for an accident.

So, Who’s Liable in a Self-Driving Car Accident?

Fully autonomous or semi-autonomous vehicles are being manufactured to do things that the driver of the vehicle previously had to do. Self-driving cars can make commuting easier for a lot of Americans, but who will be liable when something goes wrong?

If a driver-controlled car causes an accident with another car, the driver can be held liable, due to his or her own negligence. In addition, he or she may be charged with a DUI if they were driving under the influence of alcohol or other substances. Furthermore, if someone dies as a result of the accident, he or she may be charged with manslaughter.

What if an autonomous car causes an accident with another car, though? Is the owner of the autonomous car liable? Not necessarily.

The case may be that neither car owner is held liable for the accident. The reason for this is a concept called manufacturer’s liability.

Manufacturer’s Liability

If the owner of the autonomous car had no control over the car when the accident took place, the cause of the accident – if not the fault of the other driver – must have been a mechanical failure of the autonomous mechanism. In this case, the manufacturer can be held strictly liable for any damages caused by its operating system, if the defect was unknown. The only way that owners of the car can be held liable is if:

They fail to maintain the car properly – including failure to perform basic maintenance, such as changing the oil and brake fluid;
They failed to return the car when it was recalled for a defect;
They turned off the self-driving mechanism when the car was in operation; or
They modified the self-driving mechanism in some way that caused the vehicle to malfunction.

Self-Insurance

A promising proposal to address liability for accidents caused by autonomous cars is the idea of self-insurance. By slightly increasing the cost of licensing the car – or increasing the cost of the car itself – the state, manufacturer or car dealership can transfer liability for accidents caused by the car back to the car. This will increase the cost of owning or operating a self-driven car, but will ensure that the vehicle is insured for any accident that it causes.

Recently, three industry leaders have stepped up to the plate to answer this proposal. Volvo, Mercedes and Google have all come forward and stated that, in the event of a system failure of one of their autonomous vehicles, they would be willing to assume full liability. This could mean a lot to consumers, as it shows that these manufacturers have extreme confidence in their cars; otherwise, they would not be taking on liability in such an enormous way.

State Laws Governing Self-Driving Vehicles

Ninety percent of all auto accidents are generally considered to be a result of human error. On the other hand, driverless vehicle are considered to be pretty safe. Self-driving cars have the ability to revolutionize the transportation industry by promising to decrease the number of auto accident, and thereby the number of injuries and fatalities. This will, in turn, lead to lower insurance rates for all.

This may soon represent a revolution in the transportation industry. But, there is vast disparity between the rate of technological improvements, and corresponding changes in the law. Only a handful of states have any laws dealing with driverless cars – which include Nevada, California, Michigan and Florida. Furthermore, with the exception of New York, the majority of states have no laws addressing whether or not it is legal to operate a car without at least one hand on the steering wheel.

Self-driving cars are promised to be available to consumers soon. But, until these issues are properly addressed, the general public may be unsure of who or what is liable for a self-driving car accident caused by one of these cars.

Sarasota Accident Lawyers – Jodat Law Group

Jodat Law Group is a Florida law firm with experienced Sarasota accident lawyers who help victims throughout the greater Tampa area fight for maximum compensation from auto accident injuries. To find out if you may be entitled to a financial recovery for your collision-related injuries, contact us at 877-912-2671 or schedule a free consultation by filling out the contact form on our website.