Who is Liable in Self-Driving Car Accidents?
One new area of technology that sounds like science fiction is the self-driving car. Tech giants Google and Tesla are spearheading the self-driving car industry, and many people are very excited for the opportunities reliable self-driving cars would offer. While the testing process for these vehicles inherently entails a degree of risk, a recent fatal crash has many people concerned about the safety of self-driving cars. The fatal accident occurred when a 2015 Tesla Model S struck a tractor trailer the onboard sensors failed to notice due to lighting conditions in the area. The accident has spurred Tesla to reevaluate its Autopilot program, and the National Highway Traffic and Safety Administration (NHTSA) has vowed to investigate 25,000 vehicles and inspect them for reliability and safety.
The Liability Question
This tragedy shows that drivers must still pay attention, even when their self-driving cars are on autopilot. One of the biggest issues facing self-driving car companies is that most of the public is still very hesitant to invest in self-driving cars for several reasons. Most Americans are still skeptical of self-driving cars’ safety. Additionally, self-driving cars are a bit more expensive on average than typical passenger vehicles. Many people also believe that they will cost more money to insure. And the question arises – who is to blame for an accident caused by a car on autopilot?
The easy answer would be the manufacturer. Since self-driving car companies essentially market these vehicles as reliable alternatives to human-driven cars, human drivers logically couldn’t be to blame for accidents involving self-driving cars operating on autopilot. It follows that the car manufacturer would have to assume liability for any injuries or damages their cars cause while operating on autopilot.
According to The National Highway Traffic Safety Administration, driving automation is represented by six levels, with a zero denoting full human control, and a five meaning a fully self-driven vehicle. However, as autonomous vehicles carry the potential for a wide array of new legal scenarios surrounding crashes, much of the precedent is yet to be determined by case law.
In theory, roadways will be safer as self-driven vehicles continue to evolve and become more proficient, as most traffic accidents happen due to human error. While some occur due to defective vehicles and unpredictable road hazards, the vast majority arise from driver errors. As such, liability for these crashes falls on the drivers, not the cars. Since roughly 94% of fatal crashes in 2015 resulted from human error (40% of which involved driving under the influence of alcohol), more self-driving cars should create safer roadways. Therefore, car manufacturers would bear a larger responsibility for fewer accidents in total.
Manufacturers are Shouldering the Burden of Liability
It’s important for faith in self-driving vehicle technology to grow, otherwise manufacturers will be disinclined to innovate and invest in the technology. Interestingly enough, self-driving car manufacturers seem willing to shoulder the cost of more robust warranty coverage and even strict liability for accidents their vehicles cause. The premise is that more self-driving cars will lead to safer roads and fewer accidents resulting from human error. In turn, more people will be attracted to self-driving cars, and since liability shifts to the manufacturer, insuring these cars will likely be very inexpensive. Lower insurance premiums could balance the higher retail price due to an extensive warranty.
Ultimately, the most straightforward approach to the self-driving car accident liability question is that manufacturers must assume liability for accidents caused by their cars while on autopilot. Doing so would gradually bolster public opinion, and drivers would be far more inclined to purchase self-driving cars with the knowledge that insurance coverage would be very cheap. As interest grows, self-driving cars can potentially comprise a large percentage of all vehicles on the road, incentivizing manufacturers to constantly look for new ways to make these vehicles safer, more efficient, and more accessible. If you’ve been in a crash, contact our San Diego car accident lawyer for advice.