Who Is Liable When a Self-Driving Car Causes a Crash?

Self-driving cars may be the cars of the future, but today, they are still works in progress. Today, the “self-driving car” is a car that operates semi-autonomously but still needs an alert driver to take control in a crisis. Like an airplane on autopilot, self-driving cars only do what they are programmed to do. 

When a self-driving car causes a crash, the liability depends on who is in control at the moment of the accident. Like any car accident, fault is a complex issue determined by the circumstances surrounding the case. The state where the accident occurred can affect the result as well. In a head-on car accident, an attorney can explain how Alabama handles liability.

What Is a Self-Driving Car?

Despite the name, a “self-driving car” does not really drive itself. Today’s autonomous vehicles use sensors, cameras, and software algorithms to detect the car’s surroundings. An onboard computer uses these inputs to control the vehicle according to preprogrammed instructions.

Self-driving cars function reasonably well on open roads and under normal driving conditions. If anything unexpected happens, the computer may not recognize the anomaly in time to change the car’s speed or direction. Some well-publicized accidents have occurred when pedestrians suddenly stepped out in front of a vehicle or when another car appeared going in the wrong direction in the autonomous vehicle’s lane.

Causes of Liability

In any accident, insurance companies determine liability by reviewing claims and documentation provided by the accident victims. In most accidents, one driver is at fault due to distractions, carelessness, or intoxication.

In a self-driving car accident, other factors can affect the determination of fault. Legislation and case law are still evolving in this area of personal injury, but some factors will include:

• Product liability. Defective design or manufacturing flaws are possible issues, but more likely issues include overselling the car’s capabilities. “Failure to warn” is a type of product liability that includes failing to inform a user about the dangers or risks of using the product. With a “self-driving car,” this could include suggesting the car is fully autonomous when it is not.

• Software design liability. The computer control system makes the “self-driving car” more or less autonomous. Any failure or glitch in the system that does not detect obstacles, poorly programmed algorithms, and other program flaws that prevent the vehicle from behaving as intended would be implicated in an accident.

• Dealer liability. It is not clear what responsibility the dealer or company has to ensure the customer receives upgrades for the onboard software. If the dealer had a duty to keep the customer updated on any software upgrades or new hardware changes, the dealer could be liable if any components fail in an accident.

• Other driver liability. In any accident, the other driver’s negligence is a critical component of determining fault. A self-driving car is not responsible if the other driver is intoxicated or runs a red light.

Driver Liability

The driver of a self-driving car is still responsible for driving the car. Since “self-driving” cars still need human intervention in emergencies, drivers must pay attention to the road, other vehicles, and pedestrians. Failing to take control when the situation requires makes the driver as responsible for an accident as the other driver.

If the driver has removed the “self-driving” feature, then they are liable for any accidents that occur while they are driving. Without the autopilot, a self-driving vehicle is just a car, and the driver is responsible for their driving.

Personal Liability vs. Product Liability

In a personal injury case, the injured driver must show that the other party was at fault for the accident. When one party is a self-driving car, product liability may be part of the case. Manufacturing defects have a special type of liability known as strict liability. In a strict liability case, the product is presumed to have a defect when it leaves the manufacturer, which the user could not have reasonably discovered.

For instance, suppose a self-driving car’s movement sensor was miscalibrated so it did not recognize objects smaller than another car. On a windy day, a trash can blows out in front of the car. The driver expects the car’s sensor and computer to recognize the hazard and stop, but the sensor doesn’t see it. 

The car strikes the trash can, the driver hits the brakes, and is rear-ended by another car. The accident could be due to the miscalibrated sensor because the driver reasonably expected the vehicle’s autopilot to recognize the hazard.

Why it Matters

Alabama follows a contributory negligence rule when determining fault in auto accidents. This strict rule means that if you are even 1% at fault in an accident, you cannot recover any damages in a personal injury claim.

If an insurer finds that the driver of a self-driving car could have avoided an accident by taking over from the autopilot feature or simply steering away from the other vehicle, the victim could be barred from recovering damages in their claim.

Insurance Coverage for Self-Driving Cars

The Society of Automotive Engineers (SAE) developed a scale for autonomous vehicles ranging from zero (not autonomous) to 5 (fully autonomous under all conditions). Most commercially available self-driving cars rank at one or two on the SAE scale.

Insurance companies currently consider these partially autonomous cars as ordinary motor vehicles for insurance purposes. Drivers only need ordinary liability insurance when they own and operate such a vehicle. Some states, including Alabama, are preparing for fully autonomous level 5 vehicles, which will require liability insurance of at least $100,000.

Self-Driving Vehicle Accidents and Legal Advice

The legal and insurance issues around self-driving cars are still being worked out. Anyone who owns a semi-autonomous vehicle should take time to fully understand the limitations of their car and use extra caution when driving on busy streets. 

After an accident with a self-driving vehicle, whether you are the victim or the driver, you should contact an attorney who understands the complexities of Alabama personal injury law and the new questions surrounding autonomous vehicle liability insurance.