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The Rise of Self-Driving Car Accidents: Who’s Liable?

Picture this: you’re driving along the highway, and the car ahead suddenly swerves. You brace yourself, then realize no one’s behind the wheel. Sounds like something out of a sci-fi movie, right? Not anymore.

We see more and more self-driving cars on the roads every day. It’s only natural that we also notice an increase in self-driving car accidents. In fact, nearly 400 crashes were reported between July 2021 and May 2022 involving such vehicles.

A car crash that’s being controlled (or partially controlled) by artificial intelligence raises a serious question: who is liable in a self-driving car crash? Answering this question is essential for those seeking compensation after being involved in such an accident. 

Rise of Self-Driving Car Accidents

Understanding Self-Driving Cars and Accident Trends

Self-driving vehicles rely on complicated technologies to make decisions in real time. A combination of cameras, radars, sensors, and artificial intelligence help the car stay in its lane and safely navigate traffic. Not all autonomous cars operate the same way, though. 

Some cars still need a human behind the wheel. Others (especially those aiming for Level 5 automation) operate without any human input at all. Those fully autonomous vehicles are still rare, but semi-autonomous driving systems are already out on the roads, and they’re bringing along a whole new set of legal risks.

So far, autonomous driving technology has been linked to different types of crashes, from minor fender benders to serious pedestrian accidents. In some cases, a distracted human was still supposed to be in control. In others, the self-driving software simply failed to react in time. As this technology keeps advancing, the number of self-driving car accidents continues to climb.

Who Can Be Held Liable in a Self-Driving Car Accident?

You can probably imagine how non-straightforward it can be to decide who’s responsible in an autonomous vehicle accident. Liability in driverless car accidents can fall on different parties – it all depends on what caused the crash. 

  • Vehicle Manufacturers: Sometimes, self-driving car accidents are caused by mechanical issues. In such cases, car manufacturers might face product liability in self-driving cars. 
  • Software Developers: Software companies can be responsible for crashes caused by  glitches in autonomous driving technology. 
  • The Car Owner or Human Driver: Even with autonomous vehicles, drivers must still remain alert. If a driver was distracted or failed to take control when needed, they could be held accountable. This falls under standard auto accident liability.
  • Rideshare Companies or Fleet Owners: Fleet operators may also be liable in cases involving robotaxi accidents or commercial self-driving vehicles.

How Liability Is Determined in Autonomous Vehicle Accidents

Determining responsibility isn’t simple when a self-driving car accident happens. Each case needs a full-on investigation, because legal responsibility depends on what went wrong and who (or what) was in control.

  • Product Liability vs. Driver Negligence: The first thing attorneys look at is whether the crash was caused by the vehicle or by human error. The case may fall under product liability in self-driving cars if a part failed or the system glitched. If the driver was distracted or didn’t take over when they should have, it leans toward driver negligence. Sometimes it’s both, which often leads to more complicated car accident liability disputes.
  • Importance of Data: Autonomous vehicles record everything before, during, and after a crash. This includes crash reports, sensor data, and real-time decision logs. This information can be used to figure out if the car’s systems worked as intended or if something went wrong. In driverless car accidents, this kind of digital trail is important for understanding what actually happened.
  • Role of Insurance Companies: Insurance companies are still figuring out how to handle these crashes. Some treat them like regular accidents. Others ask for deep system data before approving a property damage claim car accident or a bodily injury car accident payout. 

Legal Challenges in Self-Driving Car Accident Cases

Self-driving car accidents come with complications that we don’t usually run into with traditional crashes. 

  • Complex Technology: When a crash happens, lawyers and investigators have to sift through detailed data, like software commands, system logs, and crash reports, to understand what went wrong. That’s how they start piecing together self-driving car accident liability. They look at whether the tech worked the way it was designed to and if the self-driving software made the right call. 
  • Unclear Regulations: Right now, the rules for autonomous vehicles are all over the place. Some states have detailed laws about testing and operating cars with autopilot, while others barely mention them. A lack of consistent legal framework makes things especially tricky. Courts are often stuck making decisions without any clear guidance. That makes it harder to find out who is liable in a self-driving car crash. Even insurance companies can get caught in a holding pattern until autonomous vehicle regulations are more aligned.
  • Disputed Liability: Finger-pointing is almost guaranteed in accidents involving autonomous driving. The driver might blame the car’s autopilot. The car manufacturer could say the driver wasn’t paying attention. The software company might argue the system functioned exactly how it should. These arguments lead to drawn-out car accident liability disputes. Questions around shared liability in car accidents start popping up when both a person and AI are involved, and the whole situation turns into a long back-and-forth.
  • Multiple Defendants: A self-driving car accident is rarely just between two drivers. Car manufacturers, self-driving software developers, and even rideshare companies can be involved. One company might blame a hardware failure, while another says the AI didn’t detect a hazard. The result? A messy web of car crash liability disputes.

What to Do If You’re Involved in an Accident with a Self-Driving Car

Self-driving car accidents come with added layers of complexity. The vehicle might have been operating autonomously, but liability isn’t always clear. What you do in the first few minutes after the crash can impact your chances of getting fair compensation, especially in cases involving autonomous vehicle technology.

Collecting Evidence at the Scene

Document everything. Start with wide and close-up photos of vehicle damage, license plates, broken glass, and debris. Look for traffic signals, signage, road markings, and skid marks. These can help reconstruct what happened. Pay attention to the self-driving vehicle: does it have visible sensors or a company logo linked to autonomous driving? If the driver mentions that autopilot or autonomous mode was active, write it down. This detail plays a major role in self-driving car accident liability. Also, talk to witnesses and get their contact info. A short quote from someone who saw the crash unfold can carry weight later.

Reporting the Incident Properly

Always call the police, even if no one looks seriously hurt. When the officer arrives, explain what happened and clearly state if you suspect the other vehicle was in autonomous mode. Share any odd behavior you noticed, like the car slowing at the wrong time, failing to yield, or braking unexpectedly. Ask the officer to note this in the report. If you were hit by a self-driving vehicle, mention its make, model, and any signs that it’s an autonomous car: roof-mounted sensors, side cameras, or branding from autonomous driving companies. A complete report can support your bodily injury car accident claim or property damage claim and help cut through any later disputes.

Why You Need an Attorney

Autonomous vehicle accident liability isn’t something you want to navigate alone. These cases often involve car manufacturers, software developers, and even rideshare companies. It’s not just about who was behind the wheel; it’s also about how the AI system performed, what the crash reports say, and whether human supervision was required. Attorneys who handle self-driving car legal issues understand how to access black box data, challenge software logs, and argue liability in driverless car accidents. If you’re facing a car accident liability dispute, or the other party is denying fault, a lawyer can help you file strong claims and hold the right parties accountable under vehicle automation accident law.

Contact an Experienced Self-Driving Car Accident Lawyer Today

If you’ve been involved in an accident with a self-driving vehicle, time matters. The longer you wait, the harder it becomes to access critical data and witness accounts. You deserve support from a professional Jersey City car accident lawyer who understands autonomous driving, liability law, and the challenges of human vs AI driver accountability.

Call Omni Injury at +1 646-736-4184 or visit us at: 1 Bridge Plaza N, Central Road, Suite 675,  Fort Lee, NJ 07024