Who is Responsible for Self-Driving Car Accidents?

The future is now in the automotive industry. Self-driving cars are expanding beyond Tesla’s autonomous capabilities and toward fully autonomous vehicles like the self-driving robotaxis seen in San Francisco and soon expanding into new cities across the United States.

While self-driving technology is likely to improve over time, experts expect some bumps along the way—literal bumps, as well as collisions with other vehicles, pedestrians, and cyclists. Recently, a San Francisco Robotaxi dragged a pedestrian down the street unchecked, and the Cruise Company that operated the car has suspended its operations.

Robotaxis have level-5 autonomous capability which means they require no driver at all, but other semi-autonomous vehicles at levels 2 and 3 have self-driving capabilities that require a driver present to intervene if necessary. These have also been involved in over 400 accidents in 2022 alone due to drivers relying on their vehicle’s autonomous driving features.

Along with other concerns about self-driving car accidents, many people wonder—who is liable for damages when a self-driving car is involved in an accident?

When is the Driver Liable in Self-Driving Car Accidents?

Human drivers remain the leading cause of car accidents, including those involving self-driving cars. Semi-autonomous vehicles like those made by Tesla are sold as vehicles that still require an attentive driver behind the wheel, even when using the autonomous driving feature.

Some drivers ignore that requirement and take risks such as watching movies or sleeping behind the wheel. When a self-driving car has an accident because the driver was distracted or asleep, the driver is acting negligently and is therefore liable for damages. In the event you were in an accident, call our car accident lawyers in Seattle today.

The Driver of Another Vehicle Could be at Fault in a Self-Driving Car Accident

Just because one vehicle in a crash has self-driving capability doesn’t always mean the driver of that car was negligent. In many crashes involving autonomous cars, another driver bears liability due to their negligence or recklessness behind the wheel.

Vehicle Manufacturer Liability in Autonomous Car Accidents

If the driver of a car with self-driving capability is alert behind the wheel and still unable to avoid a collision due to the vehicle’s autonomous driving features, the vehicle manufacturer may be liable for damages. This would fall under product liability laws requiring manufacturers to produce safe products. If a product is unsafe when used for its intended purpose, the manufacturer has strict liability. This type of claim requires proof of the following:

• That the driver used the car and its autonomous feature as intended
• That the car was defective,
• And that the defect caused the accident

In some accidents, the driver and manufacturer share liability. For instance, if a defective vehicle causes an accident but the driver could have avoided the accident if they’d taken reasonable care while behind the wheel.

The Manufacturer of a Defective Part May Be Liable in Some Self-Driving Car Accidents

In some cases, an investigation of a car accident reveals that a defective auto part or component caused the accident. This is true in some self-driving car accidents as well as in typical cars. In this case, the manufacturer of the defective component is liable for damages rather than the vehicle manufacturer. Often the manufacturers of self-driving cars rely on third-party software companies to produce reliable software for their vehicles in addition to standard mechanical parts. If a manufacturer produces a defective part or software program and it causes an accident, the manufacturer of the defective part or program is liable for damages.

Third-Party Liability in Self-Driving Car Accidents

As in accidents involving traditional cars, a third party may be liable for damages in some accidents. For example, if a negligent road maintenance company fails to repair a badly damaged roadway after a storm or a broken traffic signal, they could bear liability in an accident. Negligent vehicle repair and maintenance businesses are also sometimes found liable for car accidents, including those involving self-driving vehicles.

Determining Liability in any car accident can be challenging. Today’s self-driving vehicles may add a new layer of complexity for determining and proving liability after an accident. If you were injured due to a self-driving vehicle, contact our personal injury lawyers in Seattle today for help in dealing with a complex accident.