Self-Driving Cars And Wrongful Deaths: Who Takes On The Responsibility?
The idea of a self-driving car was once something that seemed like a sci-fi fantasy. Today, vast improvements in technology are quickly turning this idea into reality. The advent of the self-driving car also brings with it an important question about liability -- who's responsible in a crash involving a self-driving vehicle that results in serious injury or even death?
Self-Driving vs. Autonomous Vehicles
To understand the potential liability issues that self-driving cars may have, it's important to understand the distinction between today's self-driving cars and fully autonomous vehicles. Cars like the Tesla Model S are considered "semi-autonomous" or "self-driving" cars because they still require a moderate degree of driver input in order to function properly. Fully autonomous vehicles, on the other hand, are designed to make their own driving decisions based on their programming, without the need of a human driver to guide it along.
Tesla's self-driving "autopilot" feature uses a bevy of ultrasonic sensors, radar and a forward-facing camera to detect and monitor other vehicles and pedestrians, as well as lane markings, road signs and other potential obstacles. During operation, it displays the vehicle's position within its lane of travel on the instrument panel screen. The vehicle is also designed to send audible and visual alerts to drivers and eventually decrease its own speed if their hands remain off the steering wheel for too long.
The auto manufacturer keeps the autopilot feature disabled by default, requiring interested users to manually activate the feature and acknowledge disclaimers concerning the feature prior to activation.
Is It the Driver's Fault or the Manufacturer's Fault?
When it comes to self-driving and autonomous vehicles, the question of liability in the event of a deadly accident is something that many legal authorities are having a hard time answering. In a deadly auto accident involving an ordinary vehicle, it's usually the at-fault driver who bears ultimate responsibility for the accident. If a defective product such as a faulty airbag or malfunctioning steering system is involved, then the manufacturer may be held responsible.
So who's responsible for a deadly self-driving car accident? Attorneys representing the victim may consider the accident to be a defect in its own right and argue that the self-driving vehicle's manufacturer must accept responsibility. On the other hand, the manufacturer may argue that the driver was in control of the self-driving feature and, as a result, should bear ultimate responsibility for his or her use of the feature. There's a broad range of unique circumstances and conditions that could easily determine who's at fault, including technical limitations of the self-driving system and prevailing road conditions.
Unfortunately, there's already been a fatality involving a self-driving vehicle. A 40-year-old Tesla Model S owner was recently killed when his vehicle struck a tractor-trailer that had turned in front of it. The autopilot feature's sensors failed to distinguish the white tractor-trailer against the bright sky ahead, preventing it from automatically applying the brakes to avoid collision. The issue of liability for the deadly accident is currently being determined by the courts and an ongoing inquiry by the National Highway Traffic Safety Administration. The manufacturer currently has no plans to disable the feature on its current or future vehicles.
How States May Determine Liability
At this point, it's unknown exactly how courts throughout the United States may determine liability when it comes to accidents involving self-driving vehicles. As an example, there are no current federal laws that prohibit self-driving vehicles or even autonomous vehicles that operate without occupants. Meanwhile, California, Florida, Nevada and Michigan currently have legislation regarding the operation of self-driving and fully autonomous vehicles, with other states possibly following suit in the coming years.
The technology in self-driving cars has a long way to go before it can be perfected. Until then, drivers must pay close attention and always be ready to step in to retake control and avoid serious accidents. If you're involved in an accident with a self-driving vehicle, contact an auto accident attorney in your area for advice.
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