Determining Liability in Self Driving/ Autonomous Car Accidents: Personal Injury Law Insights
- Vignesh Ramakrishnan
- Feb 2
- 5 min read
Determining Liability in Self Driving/ Autonomous Car Accidents: Personal Injury Law Insights
Imagine a world where you step out of your house to be picked up by a shiny new cab. You peek inside, only to be greeted by an empty driver seat. You hop in, and at the touch of a button, you are safely dropped off at your destination. This was the vision of the 2020s that was peddled to people by tech giants and car manufacturers. Although this vision remains elusive, the technology of ‘Self-driving cars’ has advanced leaps and bounds. However, even with their increased adaptation and usage in streets across the USA, and despite the active involvement of various government agencies like the Department of Transportation (DoT), and National Highway Traffic Safety Administration (NHTSA) in this conversation at various levels. The question of “Who would be liable in an accident involving a Self-Driving car” is yet to be answered conclusively.
What are Self-Driving Cars?
We've all heard the terms "self-driving cars," "autonomous vehicles," and "driverless cars" thrown around, often as if they're all the same thing. But there are some key differences between these terms. For simplicity, let's stick to calling them "Autonomous Vehicles" (AVs). In general, these terms refer to vehicles with automated systems that either help a human driver or drive themselves with little to no human input.
There are two main types of Autonomous Vehicles: Advanced Driver Assistance Systems (ADAS) and Automated Driving Systems (ADS). You'll probably come across these acronyms a lot when reading about AVs. But it's important to remember that right now, neither ADS nor ADAS vehicles are truly "self-driving," because they still need some human involvement.
The Society of Automotive Engineers International has a 5-level classification system to categorize the different types of autonomous vehicles. Let's take a closer look at what each level means.
How often do accidents involving Autonomous Vehicles occur?
Despite being promoted for their advanced safety features and the potential to reduce human error (estimated at 94% by the NHTSA), autonomous vehicles still get into accidents. As autonomous vehicles are still under development, there are bound to be some kinks that need to be worked out. This is because even with the most sophisticated technology, there are still many factors that can contribute to an accident, such as:
Technological limitations:
If the sensors or cameras aren't working right, the vehicle can miss obstacles and other vehicles.
Software-related issues:
Even with complex algorithms, the system might misread traffic signals or not see pedestrians.
Human factors:
If drivers rely too much on technology in semi-autonomous vehicles, they might react too slowly in emergencies.
Environmental challenges:
Bad weather or poor infrastructure can mess with the sensors, and autonomous systems can struggle to figure out what's going on.
Personal Injury Laws and Autonomous Cars
Evolving legal landscape
The legal landscape for autonomous vehicle accidents is evolving rapidly, with some intriguing developments shaping the future of liability. Back in 2015, Volvo made waves by announcing it would accept full liability for accidents involving its self-driving cars in autonomous mode. This bold move was seen as a potential game-changer, setting a precedent for other manufacturers to follow suit.
How Auto Manufacturers & OEMs respond to personal injury lawsuits
Fast forward to 2018, and we saw the first pedestrian fatality involving a self-driving car when an Uber vehicle struck and killed Elaine Herzberg in Arizona. While Uber initially faced scrutiny, they ultimately settled with the victim’s family out of court. Similarly, Tesla has been involved in several high-profile incidents, including a fatal crash in 2018 involving a Model X on Autopilot. Tesla, too, chose to settle these cases rather than go to trial. These settlements, while resolving individual cases, have left some broader legal questions unanswered.
Recent legislative trends
Recent legislative trends, like the UK’s Automated and Electric Vehicles Act of 2018, are starting to provide clearer frameworks for liability in autonomous vehicle accidents. However, although such clearer frameworks are currently lacking in the USA (although 38 States have enacted laws around AVs, none clearly set out a mechanism to determine liability in case of personal injury). Legal academics are increasingly pointing out that as automation levels rise, we’re likely to see a gradual shift in liability from drivers to manufacturers (OEMs) and software developers. This shift makes sense - after all, if the car is doing the driving, shouldn’t the company that made it be responsible? Although no court in the USA has yet held an auto manufacturer liable for such accidents, this may change soon with greater advent and usage of Autonomous Vehicles.
Latest Regulatory Updates in the USA
The NHTSA has made waves with its December 2024 proposal, the AV STEP program. This voluntary framework aims to enhance oversight and safety in autonomous vehicle (AV) operations, particularly for vehicles without traditional manual controls. The program introduces a two-tiered evaluation system and requires participants to submit comprehensive safety data in exchange for potential regulatory exemptions.
While AV STEP doesn’t directly address liability issues, its extensive reporting requirements are likely to play a crucial role in future investigations and liability determinations. The program’s emphasis on safety assessments, operational statistics, and immediate incident reporting will provide a wealth of data for analyzing AV performance and safety. As automation levels increase, this information could prove invaluable in the gradual shift of liability from drivers to manufacturers and software developers. NHTSA’s AV STEP proposal, open for public comment until March 2025, represents a significant step towards creating a comprehensive national framework for AV regulation and oversight.
Who will be held liable for an accident involving an Autonomous Vehicle in Toledo, Ohio?
Ohio is looking to position itself as a leader in the AV space and has unveiled initiatives like DriveOhio with the aim to foster self-driving technology development. The cities of Columbus (where DriveOhio will be headquartered) and Cleveland are testing hubs for AVs. Toledo was positioned to be the first city to introduce Autonomous Vehicles in public transit through TARTA. However, the plan did not take off (or rather, leave the garage) due to various reasons. Despite these developments, Ohio (like most other States) does not have any dedicated laws dealing with liability in accidents involving AVs.
Therefore, cases involving AVs will be dealt under the existing tort and civil laws. However, we can analyze some relevant factors in understanding how liability will be determined:
Automation Level Impact:
In basic ADAS systems (Levels 0-1), the driver typically bears primary responsibility unless they can prove a system defect caused the crash. However, with advanced ADS systems, manufacturers may face increased liability due to the autonomous system's greater control over vehicle operations.
System/Software Issues:
NHTSA's AV STEP program now requires rigorous reporting of technical malfunctions, helping establish clear chains of responsibility when system failures occur.
Driver's Role:
Ohio's modified comparative negligence rule remains crucial. Under this system, your compensation may be reduced by your percentage of fault. For instance, if poor vehicle maintenance contributes to an accident, your recovery could be reduced accordingly, even in an autonomous vehicle scenario. If you drive a vehicle equipped with autonomous driving technology, be attentive to system prompts and be ready to take over control at any point, ensure that regular maintenance and updates of the system are carried out, and report any malfunctions thoroughly. Any of these failures may impose liability on the driver instead of the OEM.
Conclusion
To sum it up, although the landscape is exciting and constantly evolving, the lack of any concrete laws and regulations makes it difficult to say with certainty as to who would be held liable in an accident involving an Autonomous Vehicle. However, regulators consider OEMs and manufacturers significantly responsible for autonomous vehicle crashes, and therefore impose stringent restrictions around the use of AVs and require detailed reporting of data.
If you were involved in an accident involving an Autonomous Vehicle, you may be entitled to compensation for your injuries, medical expenses, loss of future income, and the like. Reach out to a lawyer today to evaluate your case and get the best professional legal advice!
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