Who Is at Fault in a Self-Driving Car Accident?

Over the past decade, autonomous vehicle technology has been increasingly studied and implemented. Google, Tesla, and other manufacturers are developing and testing autonomous vehicles, including fully self-driving vehicles such as the Waymo prototype. While these cars include advanced safety technology, they still have flaws. Waymo vehicles, which are the self-driving cars made by Google, have been involved in 150 crashes since 2021. However, what happens when one of these vehicles causes a car crash? Who is at fault in a self-driving car accident?

Determining Liability for a Self-Driving Car Crash

Who is at fault in a self-driving car accident? Unfortunately, the answer is not yet clear. However, the Insurance Information Institute has opined that, in the future, product liability laws will likely evolve to make vehicle manufacturers liable when the car’s components fail and lead to a crash. Currently, though, the liability question has not been definitively answered.

If a car accident results from human error, victims might file a negligence claim against the at-fault driver. Most car accident claims currently filed in Massachusetts today are based on the driver’s negligence. By contrast, if no one is driving the car, and it instead malfunctions when in autonomous mode, the question arises about who is responsible for paying damages. The “driver” may not have committed any errors or be responsible for the crash. Instead, the car’s manufacturer or designer might be responsible if a vehicle or software defect caused the accident.

Insurance and Self-Driving Car Accident Liability

Auto insurance in Massachusetts typically follows the vehicle for which the policy is written. This means that when a driver causes a car crash, the vehicle’s insurance will pay for the damages through the driver’s liability coverage. When more driverless vehicles are on the roads, however, other types of insurance might be necessary. Drivers will still likely need to carry liability coverage, but what it covers could change.

If manufacturers are held responsible when their vehicles contain defects that cause car accidents, product liability claims might be filed directly against the car makers rather than the owners of the self-driving cars. In that situation, the manufacturer’s commercial liability coverage might be the source of payment. There will likely be other issues that will arise as Massachusetts and other states figure out how to address autonomous crash liability in their traffic laws and regulations.

Currently, states set auto insurance laws. As self-driving cars become more common, greater consistency across states might be necessary. It is possible that states could write new laws to mandate liability insurance for self-driving cars themselves, too.

Holding Manufacturers Accountable for Self-Driving Car Accidents

When a crash occurs, it typically involves two or more drivers with one primarily holding fault. In a crash between a car driven by a person and a driverless car, liability might be more difficult to determine. Instead of relying on descriptions of what happened provided by the human driver, the insurance company might instead primarily rely on information provided by both vehicles’ black boxes or electronic control modules.

Laws might be written to place the burden of proof on the driverless car’s manufacturer to show that its car did not cause the accident rather than placing the burden on the human driver to prove it did. Several manufacturers have already stated that they will assume the blame when their driverless cars cause crashes, including Google, Mercedes Benz, and Volvo. To ensure that manufacturers would be held liable when their driverless cars have defects, it might be necessary for states to update their product liability laws to include self-driving cars. Injured accident victims would still need to prove their damages, and negotiating with the manufacturers and their insurers would likely still be difficult.

Owner Liability for Self-Driving Car Crashes

Some cases involving self-driving car crashes could still result in owner liability. Currently, drivers who are operating their vehicles in autonomous mode are required to remain seated in the driver’s seat and alert in case they need to take over. If a driver fails to remain alert or sits in a different spot, they could be liable. Similarly, if a motorist turns off the vehicle’s autopilot mode and causes an accident while operating the vehicle, they can be held liable. In addition, if the motorist fails to properly maintain the vehicle, and maintenance issues cause the car crash, the owner could be at fault.

Get Help from Ellis & Associates

Laws about liability in self-driving car crashes still need to be written. If you have been injured in an accident with a semi-autonomous vehicle, you should speak to the attorneys at Ellis & Associates for help with figuring out who might be responsible. For a free case evaluation, call 800-MR-ELLIS or send us a message online.