Who wouldn’t want to kick back and relax on the way to work? Instead of dealing with traffic jams and angry drivers, you can take it easy with a cup of coffee or your favorite audiobook. Such a scenario could be possible with the help of self-driving cars.
Self-driving car manufacturers and their drivers, though, are entering uncharted waters with autonomous vehicles, and accidents are bound to happen. If you’ve had a self-driving car accident, you’re probably wondering who is liable. A self-driving car accident lawyer in New York explains below.
How Do Self-Driving Cars Work?
Self-driving cars may seem like magic, but there’s quite a lot of cutting-edge technology driving them from behind the scenes. Autonomous systems handle everything from steering to acceleration and braking. Many self-driving cars can also identify hazards, such as pedestrians in the road, and stop in time to avoid hitting them.
The Insurance Institute for Highway Safeway estimates that there will be 4.5 million self-driving vehicles on the roads by 2030. So far, however, none of these vehicles are fully autonomous.
Who May Be Liable in a Self-Driving Car Crash?
Currently, self-driving cars are more prone to accidents than fully human-controlled vehicles. According to National Highway Traffic Safety Administration data, self-driving cars are involved in 9.1 crashes per million miles driven. Comparatively, human-controlled vehicles are involved in 4.2 crashes per million miles driven.
A Forbes Advisor survey found that 93% of Americans have concerns about the safety of self-driving cars, and for good reason. If you’ve had a self-driving car accident, who can you hold liable? We’ll go over some potentially liable parties below.
Self-Driving Car Manufacturers
The self-driving car manufacturer may be liable if the car has an inherent defect that it failed to address. You can hold the manufacturer liable for issues such as automated braking failure, a collision avoidance sensor malfunction, and an algorithm error.
Testing Companies
Self-driving car manufacturers may outsource testing to a third-party company. If testers didn’t follow the proper safety protocol and ignored problems that could lead to accidents, you may be able to pursue compensation from the company.
Software Designers
Software designers are responsible for building the “brains” of self-driving vehicles. You can hold software designers liable for creating faulty software for autonomous vehicles.
Regulatory Agencies
Because self-driving cars are so new, many jurisdictions don’t yet have laws regarding their use. For those that do, those laws may not be adequate. It may be possible to hold a government or regulatory agency responsible if your accident happened due to poor or no self-driving car laws.
Vehicle Owners
As mentioned above, there currently are no fully autonomous vehicles on the road. No matter the capabilities of a self-driving car, human drivers are still responsible for the control of their vehicles.
The human operator of an autonomous vehicle is liable for a collision if their negligent
actions caused the crash. For instance, if they were engaged in unsafe driving behavior
such as reading or sleeping, they can be held liable. This is because regardless of the
vehicle having self-driving capabilities motorists are still required to be alert and
prepared in the event they have to regain control of the vehicle.
Other Drivers
Other drivers aside from the self-driving car owner might be responsible for the traffic incident. For example, suppose a reckless driver swerves in front of a self-driving car, and its driver is forced to slam on their brakes. You, in turn, crash into the back of the self-driving car. Your lawyer can help you hold that reckless driver liable.
Passengers
Driving with passengers can be fun, but also fraught with risks. Passengers can cause dangerous distractions by playing with the radio, holding conversations, eating, and even grabbing the wheel. It’s possible to hold a passenger liable for your self-driving car accident.
Pedestrians
Although many self-driving cars are equipped with a system that recognizes and stops for pedestrians, this system doesn’t always work as intended. One study found that driverless cars were 20% worse at detecting children compared to their ability to detect adults, for example.
And in 2019, a self-driving rideshare vehicle struck and killed a jaywalking woman. The accident occurred because the vehicle was unable to classify objects as pedestrians unless they were located in a crosswalk.
If a pedestrian played some part in your accident, you could hold them responsible.
What To Do After a Self-Driving Car Accident
If you want to maximize your compensation, here’s what to do after an accident involving a self-driving car.
Collect Evidence and Information
If you’re not too seriously hurt after the accident, start collecting evidence of what happened. Take pictures of your injuries, your car, the self-driving vehicle, and anything else that appears important.
You should also exchange insurance information with the driver of the self-driving vehicle. When exchanging information, avoid accepting blame for the accident. If you do, the driver might tell their insurance company that you’re at fault.
Seek Medical Attention
It’s smart to go to the doctor after a self-driving car accident even if you don’t appear to be injured. Car accidents trigger shock and a rush of adrenaline, which can temporarily mask pain. You may feel fine now, but could wake up sore all over in the morning.
Hire a Self-Driving Car Accident Lawyer in Queens, NY
Because self-driving cars are fairly new, you’ll need to hire an attorney who has experience with autonomous vehicles, such as our lawyers at Elliot Ifraimoff & Associates, PC. Your lawyer will build a strong case for you and fight the insurance company for a suitable settlement.
Had a Self-Driving Auto Accident? Call Our Law Firm
If you’re ready to begin your claim or have questions about documenting a car accident, contact Elliot Ifraimoff & Associates, PC at (888) ASK-ELLIOT for a free consultation.
Frequently Asked Questions
Learn more about self-driving car accidents below.
What Is the Statute of Limitations for a Self-Driving Car Accident Claim?
The statute of limitations against a private owner of a self-driving vehicle in New York is three years from the date of the accident. However, the statute may be much shorter if the vehicle is owned by a Municipality such as the City of New York.
What Is a Common Accident Involving Self-Driving Cars?
Rear-end collisions are common in accidents involving self-driving cars.
Can You Win Punitive Damages for a Car Accident?
It may be possible to win punitive damages for your self-driving car accident. Contact our firm to learn more.