Becoming injured in an accident with a self-driving car sounds like something straight out of the future. But today, thousands of autonomous vehicles take to the road in the U.S. each day — and the Insurance Institute for Highway Safety expects this number to increase to 4.5 million by 2030.
Despite their safety promises, self-driving cars can still cause accidents. While you may have experience navigating other types of car accidents, autonomous vehicle crashes can feel extremely unfamiliar. At Sadaka Law, our expert team of self-driving car accident lawyers will guide you through this process.
We have specific knowledge and experience in this emerging and complex legal area. Learn more about autonomous vehicle accidents and how our AV accident injury lawyers can assist you.
Understanding How Self-Driving Vehicles Work
Currently, autonomous vehicles encompass five different levels of automation:
- Level 1: Some automatic features are available, such as cruise control, but the driver still must control the vehicle.
- Level 2: Two or more systems may be automated at the same time, such as steering and acceleration, but the driver must still operate the vehicle.
- Level 3: All of the “safety-critical” functions in the vehicle are automated, but the driver must be ready to take control of the car when notified.
- Level 4: All systems of the vehicle are fully autonomous under certain conditions, and the driver may or may not have the option to take control of the car.
- Level 5: The vehicle is fully autonomous at all times, and the driver may or may not have the option to take control.
Vehicles with Level 5 capabilities are not yet commercially available, but companies like Cruise and Waymo are working on making Level 4 vehicles more available.
Many autonomous vehicles use LiDAR laser beams to create 3D models of the surrounding environments at all times, as well as radio waves to measure the proximity to objects and vehicles. Some also have cameras that help them detect traffic signals and road signs.
Common Causes of Self-Driving Car Accidents
While self-driving vehicles are theoretically safer than manual ones, they can still cause accidents. Common causes of these crashes include:
- Software malfunctions: Perhaps the biggest concern with autonomous vehicles is that their software will malfunction, leading the car to make an unpredictable movement and collide with another vehicle or object.
- Sensor limitations in adverse driving conditions: Weather conditions like heavy rain, fog, and snow may impact the performance of the LiDAR and radar sensors, preventing the vehicle from identifying nearby objects.
- Handoff issues between autonomous systems and human drivers: When a driver resumes control of the vehicle, the handoff period can increase the risk of accidents as the driver adjusts to the vehicle and learns not to over-rely on its features.
- Cybersecurity vulnerability: Hackers could potentially access an autonomous vehicle’s controls and take over the car, causing an accident.
- Unpredictable interactions: Autonomous vehicles use predictive analytics to anticipate the actions of drivers and pedestrians around them. When an unpredictable event happens, they may not respond the way a human driver would to mitigate the damage.
Unique Legal Challenges That Arise in Self-Driving Car Accidents
Our self-driving car accident lawyers often see a few legal challenges arise with these types of accidents:
- The regulatory landscape for autonomous vehicles is not as fleshed out as the one for human-driven cars.
- Determining liability in self-driving car crashes can be challenging. Who was responsible: the manufacturer, software developer, or vehicle owner?
- Some insurance companies aren’t willing to cover self-driving vehicles.
- Different states and jurisdictions have different regulations for these cars.
Allow our attorneys to help you navigate the complex legal landscape and seek compensation for your accident.
Who Can Be Held Liable for a Self-Driving Car Accident?
Several parties may be partially or fully liable for self-driving car accidents. Our autonomous driving legal professionals will determine which of the following parties may be liable in your crash:
- The vehicle manufacturer
- Software developers and technology companies
- Suppliers of components in the vehicle
- The vehicle owner/operator
- Service technicians and maintenance providers
- Government entities (for infrastructure issues)
For example, the operator of the self-driving car may be at fault if they failed to take over the vehicle when alerted to or neglected to take the necessary actions to control the vehicle. They may be not at fault if the vehicle malfunctioned despite appropriate oversight.
The operator can also be a victim in these accidents; for instance, perhaps their self-driving car was struck by a negligent driver.
What Compensation Can You Claim?
After an accident with a self-driving vehicle, you may be eligible for several types of compensation through an insurance claim settlement, lawsuit, or both.
- Medical expenses (past, current, and future)
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death damages, if a loved one died in the accident
Let us help you maximize your compensation.
Why You Need an Experienced Lawyer for Autonomous Car Collisions
When looking for legal representation after your accident, working with an experienced self-driving car accident lawyer can be incredibly beneficial. Our attorneys have:
- The technical knowledge necessary to analyze complex accident data
- A thorough understanding of the evolving case law and regulatory standards surrounding autonomous vehicles
- The ability to work with accident reconstructionists and technical professionals
- In-depth experience with product liability claims against major corporations
- A deep understanding of insurance coverage issues specific to autonomous vehicles.
Our Approach to Self-Driving Car Accident Cases
We take a data-driven, experience-led approach to the often complex self-driving car accident cases that enter our caseload. Allow our attorneys to:
- Thoroughly investigate the accident and prepare evidence to support your case
- Access and analyze vehicle data and software logs from the autonomous car
- Work with technical professionals in autonomous vehicle technology to prove the defendant’s negligence
- Build a strong legal argument based on current regulations, precedents, and the facts of your case
- Provide aggressive representation against often well-funded corporate defendants (they don’t intimidate us)
What To Do After a Self-Driving Car Accident
The steps you take after an autonomous vehicle accident can also help your claim. Our self-driving car accident lawyers recommend following these steps:
- Seek medical attention promptly.
- Report the accident to the police and ask for an official police report.
- Take photos and videos to document the accident scene, if possible.
- If you were also in an autonomous vehicle, preserve all vehicle data and notifications.
- Contact an experienced self-driving car accident attorney before speaking with insurance companies.
Frequently Asked Questions
How is liability determined in a self-driving car accident?
Liability in self-driving car accidents is determined by analyzing the details of the accident and what exactly caused the crash, whether a vehicle malfunction, software issue, or driver error.
What evidence is crucial in autonomous vehicle accident cases?
Data from the autonomous vehicle is crucial in these accident cases. This can show what error caused the accident and whether the vehicle acted as it should have.
How long do I have to file a claim after a self-driving car accident?
There is no set deadline to file an insurance claim after a self-driving car accident, but you generally have two years from the accident date to file a personal injury lawsuit.
Can I sue the manufacturer of a self-driving car?
You can sue the manufacturer of a self-driving vehicle if a malfunction in the vehicle caused your accident. This would be a product liability case.
Will my insurance cover accidents involving autonomous vehicles?
Your insurance will likely cover accidents involving autonomous vehicles. Your first step would be to put the accident on your personal injury protection (PIP) insurance.
How are self-driving car accident cases different from traditional car accidents?
Self-driving car accidents involve a bit more of a gray area than traditional accidents. You can’t always assume that the driver is at fault, as a software malfunction or faulty part may instead be to blame.
Contact Our Autonomous Vehicle Accident Attorneys Today
At Sadaka Law, we’re here to provide professional legal guidance through your autonomous vehicle accident case. Whether you were struck by a self-driving car or were operating one when an accident occurred, we will help you protect your rights.
We understand that in some cases, the operator of a self-driving vehicle may also be injured or involved in legal claims. We can represent these individuals as well, especially when liability is unclear or shared between the operator and the technology.
Call us today at 800-810-3457 for a free consultation with our self-driving car accident lawyers.
