No car accident is simple, but the situation becomes far more complicated when a Tesla or self-driving car is involved. As cutting-edge technology continues to alter how we interact with the road, there will be more and more difficult questions about liability. Whether you’re a driver, passenger, or pedestrian, you must understand the unique challenges of self-driving car accidents.
Liability in Self-Driving Car Accidents
Liability in a self-driving vehicle accident can depend on the level of vehicle automation. There are six levels that are currently operating on roads in the United States. Level 0 is still the most common vehicle type, which has no automation features and requires complete manual control. Level 1 has a singular automation feature, which is most often a cruise control system.
Level 2 vehicles have more automation features, which are known as Advanced Driver Assistance Systems (ADAS). The vehicle can steer and accelerate without human input, but a human driver can still take over control of the vehicle at any time. Beyond level 2 is where vehicles start becoming truly autonomous.
Level 3 conditional automation vehicles can detect environmental information and manage all driving tasks in specific circumstances. Humans are required to stay aware and ready to take over control if needed. The driver must stay in the driver’s seat, with at least one hand on the wheel.
Level 4 high automation vehicles manage all driving tasks, and the driver generally doesn’t have to do anything, but can still take control in emergencies. The driver must still remain in the driver’s seat, paying attention to environmental conditions like traffic.
Level 5 full automation vehicles manage all driving tasks, and zero human input or interaction is involved. Level 5 vehicles are still quite rare, but some rideshare companies like Uber have started using fully automated cars. These vehicles can often not be controlled by a human whatsoever, and any human in the vehicle is considered a passenger, not a driver.
If a car is involved in an accident and it is a level 0, 1, or 2, the driver of the vehicle will most likely be held liable unless there was a clear, unpredictable mechanical failure. Level 3 or 4 vehicle accidents become considerably more complex as drivers are often encouraged to rely on automation features. Manufacturers may still argue that the driver is expected to stay aware and be ready to take over.
When Level 5 fully automated cars, particularly those operated by rideshare companies, cause accidents, the human passenger cannot be held liable. It is the company’s responsibility to ensure that its vehicles operate safely and are regularly maintained.
Potential Self-Driving Car Accidents
Self-driving cars are designed with the intention of reducing the number of traffic accidents. While that may be a reality in a few years, at this point, many unpredictable factors still lead to self-driving car accidents. Self-driving vehicles are completely reliant on sensors that build up a digital picture of the environment. Cameras, radar, and lidar scan for pedestrians, road markings, and other cars.
If any of the sensors provide an incorrect reading, the self-driving car can either react to an obstacle that isn’t there or fail to react to an obstacle that is there. Because self-driving cars operate using an AI driving model, there may be situations that the AI has never encountered, leading to potentially catastrophic accidents. Some self-driving cars have even cut off emergency vehicles in traffic due to inadequate AI training.
What to Do If You’re Injured in a Tesla or Self-Driving Vehicle
If you are injured in or by a Tesla or self-driving vehicle, it’s crucial to act quickly. One major benefit of such technologically advanced vehicles is that they all have detailed activity logs and telemetry data. It can be extremely beneficial to work with an attorney who can subpoena these records to use as evidence in your case.
In the immediate aftermath of your accident, you must report the accident to the police and your insurance provider. At the accident scene, take photos and videos of everything, including vehicle damage. Next, make sure you see a doctor or go to urgent care for a full medical examination to receive treatment and rule out serious injuries. Your medical records may become key pieces of evidence later on.
When you have been cleared by a doctor, reach out to a legal professional for support. The expert team at HHJ Trial Attorneys goes above and beyond to stay abreast of all developments in self-driving car technology. We know that the technology is not perfect, and errors happen often, so we stay prepared to help our clients who are injured due to automated vehicles.
Take Action to Protect Yourself and Your Future
If you or someone you love has been injured in or by a self-driving or automated vehicle, contact HHJ Trial Attorneys. If a malfunction caused your injuries, you have the right to seek compensation. We will investigate to find out whether the manufacturer or software developers are liable, so we can protect your future and secure your financial stability. Don’t wait to pursue a claim; schedule your consultation today.
