The Rise of Autonomous Vehicles: Who’s Liable in an Accident?

Our lives are becoming increasingly “automated.” From smart homes to smart cars, we rely on technology more than ever to make our lives easier and, above all—keep us safe.

But these technologies aren’t infallible.

As the number of autonomous vehicles on the road rises, so does the number of accidents associated with them. In fact, since 2021, Consumer Shield has shown a steady increase in accidents related to ADS-equipped (automated driving systems) vehicles, with current data ranging between 20 and 67 accidents per month.

When ADS technology fails, who’s to blame? Read on to find out.

First, what’s considered an automated vehicle? 

Autonomous vehicles can drive without human involvement. Using AI, radar, and cameras, they sense their surroundings and navigate accordingly. However, not all automated vehicles function at the same level. Per the Society of Automotive Engineers (SAE) and the National Highway Traffic Safety Administration, there are six levels of automation:

• Level 0: Momentary driver assistance
  The driver is in total control while the vehicle provides alerts and emergency safety interventions.
• Level 1: Driver assistance
  The driver is in control while the vehicle provides assistance with acceleration, braking, or steering.
• Level 2: Additional driver assistance
  The driver remains in control while the vehicle provides assistance with acceleration, braking, and steering.
• Level 3: Conditional automation
  The vehicle handles all aspects of driving, but the driver must be prepared to intercede.
• Level 4: High automation
  The vehicle performs all driving functions but only in predesignated areas like major metropolitan cities.
• Level 5: Full automation
  The vehicle is completely automated and operates without a driver.

Most cars today are categorized under levels 0-2. However, Goldman Sachs predicts that by 2030, up to 10% of global new car sales could be Level 3 vehicles, allowing drivers to take their eyes off the road and their hands off the wheel in specific circumstances, such as on a highway or in good weather.

What are some of the pros of autonomous vehicles?

Year after year, traffic congestion increases, and so does the likelihood of fender benders and rear-end collisions. When there’s a need for greater safety and efficiency, technology often rises to the calling. ADS-equipped vehicles offer:

1. Better safety

It likely comes as no surprise that human error is a leading cause of traffic accidents. After all, autonomous vehicles do not become tired, distracted, or impaired. They operate on a combination of carefully calibrated algorithms and hardware, including cameras and sensors, to react to their surroundings.

By working in tandem with a connected network, these finely tuned systems can also track traffic hazards and road conditions for safer driving.

2. Improved traffic congestion

Thanks to that connected network we mentioned, autonomous cars have an eagle-eye view of the road—from heavy traffic and accidents to potholes and other hazards. By communicating with each other, they can detect road conditions and optimize routes, speed, and timing, minimizing bottlenecks and helping maintain a smooth traffic pattern.

3. Enhanced productivity and convenience

Let’s face it: Commutes can feel like wasted time.

Self-driving cars give you that time back. Whether you use it for greater productivity (like getting ahead on a project) or to decompress before you begin the day, autonomous cars can help reclaim time spent behind the wheel. Imagine being able to read, work, or even nap while your car gets you to your destination.

Additionally, through on-demand transportation, self-driving cars can provide convenient alternatives to car ownership.

What are the cons?

Autonomous cars certainly have impressive benefits—but they are not without their disadvantages. First and foremost being:

1. Unreliable tech

“Technology is great when it works.”

We’ve all said it. And while it remains true that autonomous cars don’t experience fatigue, distraction, and impairment, they aren’t infallible. Human error is removed in reference to driving but not in the creation of these autonomous systems. Continuous testing and monitoring are crucial to preventing accidents caused by system failures.

2. Possible privacy and security breaches

Cybersecurity threats are pervasive nowadays, and self-driving car technology isn’t exempt. Autonomous cars aggregate an incredible amount of data, which could pose privacy risks should that data become compromised. It’s possible that they could also be hacked into and controlled remotely.

3. Legal conundrums

As of right now, determining liability in the event of an accident remains difficult because regulations and standards aren’t consistent across different jurisdictions.

So… who could be liable then?

It’s important to find a lawyer who is prepared to take on these complex cases—especially because several parties could be held responsible, including:

• Manufacturers (i.e., design flaws, sensor or camera failures, glitches in acceleration, steering or brakes)
• Software developers (i.e., cybersecurity breaches, sensor data malfunctions, blips in decision-making algorithm, confusing interface)
• The human operator (i.e., failure to intercede when the vehicle’s system fails, neglecting routine maintenance)
• Self-driving car owners or lessees (i.e., in cases where they aren’t the same as the driver, the owner may share liability)

Self-driving cars are becoming less a thing of the future and more a present reality. Yet determining liability remains complex. If you find yourself dealing with a self-driving car collision, reach out to our office or complete our contact form today to schedule a free consultation. We’re here to steer you in the right direction.