Determining who is at fault in self-driving car accidents can be complicated. Because self-driving cars have autonomy, there will likely be questions about whether the vehicle or the driver is to blame.
Ultimately, drivers are responsible for the safe operation of a vehicle, but car manufacturers can also be liable under certain circumstances.
The facts of your case and the level of the vehicle’s autonomy will factor into self-driving car liability in an accident. Our lawyers at Cordisco & Saile will help you understand your rights. Call us at 215-642-2335 or contact us online for a free consultation to learn more. You can also read on to determine who could be held liable for losses.
Who Is Liable When a Self-Driving Car Causes an Accident?
Pennsylvania law allows certain highly automated vehicles to operate on public roads under specific conditions. This includes Level 3, 4, and 5 autonomous vehicles authorized under Act 130 of 2022. However, just because a car is self-driving doesn’t automatically make it at fault in a car accident.
Liability in a self-driving car accident depends on the circumstances of the crash and the car’s level of automation. In many cases, a human driver is still responsible if it can be shown that they failed to monitor the vehicle or failed to intervene. In other situations, liability could rest with the manufacturer, developer of the self-driving software, maintenance provider, or another party if a defect or system failure contributes to the collision. Multiple parties could share responsibility for the same accident.
Determining fault often requires a thorough investigation, including reviewing vehicle data and software logs. A crash reconstruction expert can also provide analysis.
Can the Human Driver Still Be Responsible for a Self-Driving Car Accident?
When Can a Vehicle Manufacturer Be Held Liable?
Vehicle manufacturers can be held liable under product liability laws if a defect in a self-driving system causes or contributes to a crash.
Since autonomous vehicles generally rely pretty heavily on software, sensors, cameras, radar, and artificial intelligence to make decisions about how to drive safely, failures in any of these systems can create a very serious risk of a crash.
For example, if an autonomous vehicle’s software fails to detect a pedestrian in a marked crosswalk or fails to correctly identify a traffic signal, the manufacturer could be held liable for a resulting accident.
Depending on the circumstances, a product liability claim against the company could include allegations of defective design, manufacturing defects, or a failure to warn buyers of the risks. These cases often require extensive technical analysis to determine if the crash resulted from driver error, a system malfunction, or a combination of both.
How Self-Driving Cars Work and Why It Matters for Liability
When a self-driving car is involved in an accident, it’s important to evaluate the car’s level of automation and the driver’s level of responsibility and control.
Understanding SAE Levels of Vehicle Automation
The Society of Automotive Engineers (SAE) divides driving automation into six levels:
- Level 0: There’s no automation. The driver performs all driving tasks
- Level 1: There are some driver-assistance tools, such as adaptive cruise control and lane centering.
- Level 2: There’s partial automation. The car can steer, accelerate, and brake under specific conditions, but the driver must continuously supervise the system. Tesla Autopilot and GM Super Cruise are typically classified at this level.
- Level 3: The car offers conditional automation. The car can handle most driving tasks in certain specific situations, but may require the driver to take over when necessary.
- Level 4: There’s a high degree of automation. The car can drive itself within specific areas or under specific conditions without driver intervention.
- Level 5: Full automation. No human driver is needed under any driving conditions.
As technology advances and cars take on more functions, determining liability becomes more difficult, and responsibility can shift from the driver to the manufacturer, software developer, or another entity.
Why Does a Car’s Automation Level Change Who Is Responsible for a Crash?
The vehicle’s level of automation plays a significant role in determining who is at fault for a crash. In cases involving partially autonomous vehicles, courts focus on whether the driver remained attentive and took action to intervene when a reasonably careful driver would have. With highly autonomous vehicles, the focus is likely to be on whether the vehicle’s hardware, software, sensors, or artificial intelligence functioned as intended.
Pennsylvania’s comparative negligence law, found in 42 Pa. Cons. Stat. § 7102 will still apply if both driver error and a technology failure contributed to the crash. In many cases, courts consider the driver’s conduct, as well as technical evidence such as vehicle data, software logs, and crash reconstruction, to determine each party’s share of fault.
Why this matters: If a Level 3 vehicle alerts the driver to take over because construction blocks the lane, but the driver ignores the alert, and a crash occurs, both the driver’s failure to respond and problems with the vehicle’s warning system may be to blame. The manufacturer and driver could share fault.
What Evidence Is Important in a Self-Driving Car Accident?
In addition to witness statements and debris from the crash scene, investigators in a self-driving car accident review the vehicle’s electronic data. Some common examples of evidence could include:
- Vehicle data recorders (EDRs): These can show speed, braking, steering inputs, and other vehicle operations before the crash.
- Camera footage: Exterior and interior cameras capture road conditions, nearby cars, pedestrians, traffic signals, and whether the driver was paying attention.
- Sensor and radar data: Data from cameras, radar, lidar, and ultrasonic sensors provide insight into what the vehicle detected and whether it properly identified safety issues.
- Software Logs and Updates: These records show whether the autonomous driving system was operating, whether it gave the driver takeover warnings, how it responded to changing road conditions, and whether a software defect contributed to the crash.
Self-driving vehicles continuously record and process information. They provide insight into what happened in the seconds before a collision. This evidence can show whether the vehicle operated as designed or whether a human driver failed to respond appropriately.
Get Help with Your Claim
Self-driving car accidents are much more complex because the law and technology are still evolving. If you or someone you love is involved in an automated vehicle crash, find an experienced attorney who understands the legal issues with self-driving cars.
The attorneys at Cordisco & Saile, LLC have been helping injured victims for more than 30 years, and we’ve recovered over $100 million in damages. As our past case results and client testimonials show, we understand Pennsylvania accident laws and are committed to helping you pursue justice.
Our motto is “People Come First,” and we’ll bring our experience and commitment to client care to your case. Call 215-642-2335 or contact us online for a free consultation to learn more.
