The current trend in technology has made driverless cars a reality. These driverless cars are designed to prevent future accidents, but as it stands, there is still a long way to go. Currently, there is limited testing and deployment of these autonomous cars, mainly due to the numerous accidents they have caused recently, including a fatal crash. Due to these accidents, new liability laws need to be enacted; however, the major challenge is that there is no clear person to assign blame. In a scenario where a crash is caused by a driverless car, how will a lawsuit be filed, and who will attend the hearing? The vehicle or its manufacturer?
Holding Software Liable
The transportation department has recently passed a regulation, whereby the computer of a driverless car should be considered as the car’s driver, which makes the situation even more confusing. According to existing law, there is no basis under which a computer can be held liable for an accident, as it is merely a machine. You might argue that a personal injury lawyer should be hired to defend the computer and injured car occupants, but how will the claims be justified if you can’t interact with the computer? If, in any case, the driverless car is sued for causing an accident, there will be multiple defendants, including the software designer, the vehicle’s owner, and the manufacturer. This means that the case can drastically change from being a typical auto accident case into a liability caused by a design defect, which makes it very challenging for an accident attorney. The injured parties are at a significant disadvantage, as it is more difficult for a personal injury lawyer to prove a product liability case compared to a negligence case. The verdicts, judgments, and settlements of a product liability case are, however, higher than those of vehicle accident negligence cases.
Joint Liability for Auto-Pilot
There are some accident cases involving semi-autonomous self-driving cars. Such vehicles can be operated either by a physical driver or using a computer. The physical presence of a driver is vital, as they are responsible for taking control in the event of a computer failure. In the event of an accident, there is a shared liability between the driver and the autopilot system that was active at the time of the crash. The driver can be sued for negligence in an auto accident, while the manufacturer can be sued for liability caused by a design defect.
Google Car Accident Incident
As of 2017, the Google driverless car has been involved in 14 accidents, 13 of which were caused by other drivers. The first accident involving this car occurred in February 2017 in California. The Google SUV had initially stopped after detecting sandbags in its path, and while trying to merge back into the traffic, it crashed into a bus. According to Google engineers, the car seemingly thought that the bus would slow down.
Holding Software Liable
The transportation department has recently passed a regulation, whereby the computer of a driverless car should be considered as the car’s driver, which makes the situation even more confusing. According to existing law, there is no basis under which a computer can be held liable for an accident, as it is merely a machine. You might argue that a personal injury lawyer should be hired to defend the computer and injured car occupants, but how will the claims be justified if you can’t interact with the computer? If, in any case, the driverless car is sued for causing an accident, there will be multiple defendants, including the software designer, the vehicle’s owner, and the manufacturer. This means that the case can drastically change from being a typical auto accident case into a liability caused by a design defect, which makes it very challenging for an accident attorney. The injured parties are at a significant disadvantage, as it is more difficult for a personal injury lawyer to prove a product liability case compared to a negligence case. The verdicts, judgments, and settlements of a product liability case are, however, higher than those of vehicle accident negligence cases.
Joint Liability for Auto-Pilot
There are some accident cases involving semi-autonomous self-driving cars. Such vehicles can be operated either by a physical driver or using a computer. The physical presence of a driver is vital, as they are responsible for taking control in the event of a computer failure. In the event of an accident, there is a shared liability between the driver and the autopilot system that was active at the time of the crash. The driver can be sued for negligence in an auto accident, while the manufacturer can be sued for liability caused by a design defect.
Google Car Accident Incident
As of 2017, the Google driverless car has been involved in 14 accidents, 13 of which were caused by other drivers. The first accident involving this car occurred in February 2017 in California. The Google SUV had initially stopped after detecting sandbags in its path, and while trying to merge back into the traffic, it crashed into a bus. According to Google engineers, the car seemingly thought that the bus would slow down.
Driverless technology is still relatively new, and some states have not yet legalized it. In various states, the effectiveness of this technology is still being evaluated, particularly in terms of road safety. The most contentious arguments surrounding driverless technology center on liability claims in the event of an accident. Accident attorneys are still debating who should be held liable when a driverless car causes an accident. Is it the computer, the manufacturer, the car owner, or the software designer?