Navigating Accountability: Who Is Responsible When a 'Self-Driving' Car Is in an Accident?

Multiple Layers of Potential Liability

In traditional vehicular accidents, the driver is often held liable for negligence. However, with AVs, there are several potential sources of liability:

The AV manufacturer, if a defect in the vehicle’s software or hardware led to the accident.

The software developer, if an error in the code or decision-making algorithms caused the mishap.

The human operator or owner, if they failed to maintain the vehicle or ignored software updates and recalls.

Other drivers on the road, if their actions contributed to the accident.

Evolving Legal Frameworks

As AVs are a relatively new phenomenon, the legal landscape is still adapting. Laws vary by state, and there is an ongoing debate over whether existing traffic laws can adequately address the complexities of AV accidents. In some jurisdictions, the principles of product liability may apply, shifting the focus from driver error to possible manufacturing defects.

Insurance Considerations

Insurance companies are also grappling with these changes. Policy structures are evolving to account for the shift in liability from driver to manufacturer or other entities involved in the AV's operation. This could affect how damages are assessed and compensation is distributed.

The Role of Federal and State Regulations

The National Highway Traffic Safety Administration provides federal guidelines for AVs, but it is often up to individual states to regulate insurance and liability laws for these vehicles. The patchwork of regulations across different states can complicate liability issues further.

Foster Wallace’s Approach to AV Accident Claims

At Foster Wallace, LLC, our Kansas City-based personal injury attorney team stays at the forefront of AV technology and related legal developments. Our team is prepared to dissect the complex factors at play in an AV accident, ensuring that our clients’ rights are protected in this new era of transportation.

Conclusion

When a self-driving car is involved in an accident, the question of responsibility is multifaceted. At Foster Wallace, LLC, we understand the intricacies of AV accident claims and provide clarity and advocacy for those affected by these collisions.

For expert guidance or representation in a self-driving car accident claim, contact Foster Wallace, LLC, at 816-249-2101 or fill out the Contact Us form on our website. Our commitment is to navigate the complexities of AV liability and secure the compensation and answers our clients deserve.