The Pennsylvania Legislature amended Title 75 of the Pennsylvania Consolidated Statutes in 2022 to govern self-driving vehicles. The Pennsylvania Department of Transportation adopted guidelines for operating highly automated vehicles (HAVs). These regulations indicate that Pennsylvania is ready to welcome these vehicles to its roads. They also raise an issue: Who is liable when an HAV becomes involved in an accident?
Self-driving car manufacturers state that these new vehicles will increase highway safety. But, it is naive to think they will eliminate accidents. When an accident with an HAV occurs, it is crucial to identify who is at fault.
The complex question of liability becomes infinitely more complicated when a self-driving car is involved. An experienced Philadelphia Car Accident Lawyer can help you untangle this essential question.
Liability in Self-Driving Car Accidents
After a crash, you need to determine who is at fault. HAVs make the process of identifying the parties harder. But you need to identify these parties to pursue compensation for your damages and injuries. Sometimes, HAVs require an examination of their inner workings to determine the party at fault. These crashes can also implicate multiple parties.
1. Potentially Responsible Parties
Self-driving vehicles can implicate more than one party in an accident. The manufacturer is responsible if a defect in the car’s manufacturing causes the accident. If a glitch in software causes an accident, the software developer can be liable. Human drivers can also be responsible if they are negligent while operating the vehicle. Finally, the government can be liable if the road conditions are unsafe and lead to an accident.
2. Manufacturer Responsibility
Manufacturers of self-driving cars can be held liable for an accident. Liability can occur due to hardware or software failure that originates in the manufacturing process.
In non-self-driving car accidents, victims must show that the other driver was negligent to hold them responsible for any damages. However, a victim only needs to show a defect caused foreseeable harm when the product was being used as intended to prove that the manufacturer is responsible for damages.
3. Human Driver Responsibility
Human drivers can still be held liable in HAV accidents. Today, cars are only semi-autonomous meaning they require the human driver to take control in some situations. If the driver does not take control, the driver can be held negligent. This means the driver will be held responsible for any damages resulting from the crash.
4. Software and Algorithm Errors
Software is an important component of a self-driving vehicle’s operation. HAVs rely on algorithms to interpret sensor data and navigate the roads. The software is developed by third-party companies and sold to vehicle manufacturers. Additionally, vehicles rely on mapping data provided by third parties. If a car glitches or operates with outdated mapping data, an accident could occur, and the third party can be held responsible.
5. Government and Infrastructure Responsibility
Governments can be held responsible for accidents involving self-driving cars. If the accident is caused by incorrect mapping data from a government agency, the government may be liable. Additionally, if an unmaintained roadway causes an accident, the government may be responsible since it is responsible for maintaining the roads.
How Will Self-Driving Cars Impact Insurance
Self driving cars will not just change the travel industry. It will also impact the insurance industry and lead to an overhaul.
Accidents will most likely not be completely eliminated by HAVs. But, insurance fraud will decrease. This is due to the data on the crash provided by the HAVs.’
Insurance will need to focus on whether the driver or manufacturer is responsible for an accident. This is different from the current focus: which driver is liable? This will cause drivers to seek auto insurance that defines when a driver is accountable and when a manufacturer is liable.
How do you Determine Liability in an Autonomous Vehicle Crash?
Whoever is in control of the vehicle at the time of the crash is who is liable. To determine liability in an autonomous vehicle crash, you need to determine who was in control at the time of the crash: the human driver or the automated system. An investigation must be conducted to determine what caused the accident.
For example, it must be determined if a technical issue caused the crash. If it was a technical defect the manufacturer will be held liable. However, a driver may be liable if they are controlling the car during the occurrence of the accident
Contact an Attorney Today for Legal Help
Determining liability in a self-driving car accident is a difficult question. You need a legal professional to help you determine who is liable. The right lawyer can help you pursue compensation for your damages.
If you require a reliable and knowledgeable Personal Injury Lawyer, contact the Law Offices of Greg Prosmushkin, P.C. Our team has experience handling various personal injury cases in Pennsylvania. Call us at (215)799-9990 to get the answers you need.