Who Is At Fault In A Self-Driving Car Accident?

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Oct 04, 2024

Who Is At Fault In A Self-Driving Car Accident?

Getting into any type of car accident is a bewildering, confusing, and often painful experience, but this is even more true when the other “driver” is the vehicle itself. Self-driving vehicles do require that there is a passenger in the driver’s seat, ready to take control at any time. But when a driver has their hands off the wheel and their foot off the gas and brake, there is a gap in time — both their reaction and the time it takes to move their hands and feet to the steering wheel and brake pedal — that can result in an accident.

It may come as a surprise when thinking about how reliable a vehicle is without human intervention, but according to the NHTSA, around 94% of accidents involving self-driving vehicles are caused by human error — not by the car or the driving software. So, 9 out of 10 times, the answer to this question is that a human is responsible for the crash, but this still does not actually clarify who is held liable.

So who is at fault in a self-driving car accident? Is it the manufacturer of the autonomous vehicle? Is it the software company that programmed its algorithms? Or is it the person behind the wheel who wasn’t paying attention and should have been ready to take control?

The answer, unfortunately, is not so clear. In most cases, it will come down to an investigation of the accident itself and who or what was responsible for the cause. If the cause is something like a software glitch, then it’s possible that the manufacturer or software company could be held liable. But if the cause is something like the driver not paying attention, then it’s likely that they will be held responsible. 

Take a look below at a few different parties that could be liable for a self-driving car crash.

The Driver

In theory, the person behind the wheel of a self-driving car should be paying attention to the road at all times and be ready to take over if necessary, but in practice, this is often not the case. Often, people driving semi-autonomous vehicles — cars that can drive themselves under certain conditions but require human intervention at others —  don’t pay as close attention to the road and may even fall asleep while behind the wheel.

This is a serious problem because it means that, even though someone is in the driver’s seat, they cannot take control of the car if something goes wrong. In these cases, the driver will likely be held responsible for any accidents that occur.

The Manufacturer

If a self-driving car is involved in an accident, it is also possible that the manufacturer of the car could be held liable. This is because, even though the car is autonomous, it is still technically a machine and, as such, can malfunction. If there is a problem with the car itself, such as a malfunctioning sensor or software glitch, then it is possible that the manufacturer could be held liable for any accidents that occur.

The Software Company

In addition to the manufacturer of the car, it is also possible that the software company responsible for programming the algorithms that control the car could be held liable. This is because, even though the car is autonomous, it is the software that ultimately controls the vehicle’s actions. If there is a problem with the software, such as an error in the code or a glitch in the system, then the software company could be held liable for any accidents that occur.

Who Is At Fault In Your Accident?

The bottom line is that self-driving car accidents are still relatively new but rising, and the laws and regulations around them are still being worked out. So if you find yourself in one, the best thing to do is consult a personal injury lawyer with experience with these types of cases. They will be able to help you navigate the legal landscape and figure out who is at fault and what your next steps should be.

There is no easy answer to this question as it depends on a number of factors, including the circumstances of the accident and the laws of the state in which it occurred. However, there are some general principles that can be applied in most cases.

If a self-driving car is involved in an accident, the first thing that needs to be determined is who or what was responsible. If the cause is something like a software glitch, then the manufacturer or software company could be held liable. But if the cause is something like the driver not paying attention, then it’s likely that they will be held responsible.

In addition, the laws of the state where the accident occurred will also play a role in determining who is at fault. For example, in some states, the driver of a self-driving car may still be held liable even if the cause of the accident was a software glitch. In other states, however, the manufacturer or software company may be held liable in such cases.

Ultimately, the best way to figure out who is at fault in a self-driving car accident is to consult a personal injury lawyer with experience in these types of cases. They will be able to help you navigate the legal landscape and figure out who is at fault and what your next steps should be.

Contact 1-800-Injured To Get Help With your Self-Driving Car Accident Today

If you or a loved one has been involved in a self-driving car accident, contact 1-800-Injured today to be connected with an experienced personal injury lawyer. 1-800-Injured is a legal and medical referral service that helps car accident victims connect with personal injury attorneys in their area for a free consultation. They can discuss the specifics of their accident and get helpful legal advice on how best to move forward.

Since self-driving vehicle accidents are such new territory for most people, consulting with a professional is one of the best ways to get some context to the situation and learn about how the legal world has been handling these cases since their advent. Contact us right away.