From vehicles with self-driving capabilities from Tesla and other manufacturers to Google’s Waymo driverless vehicles, accidents involving self-driving cars, trucks, and SUVs are a growing concern in South Florida. While the companies behind these self-driving vehicles argue that they are safe, experience has already shown that they are not as safe as they should be.
With this in mind, individuals who suffer serious injuries in auto accidents involving self-driving vehicles will be entitled to financial compensation in many cases. Family members who are grieving the loss of loved ones will have grounds to file wrongful death claims in many cases as well. If you are facing the consequences of a serious accident involving a self-driving or driverless vehicle, keep reading to learn more:
Understanding How (and Why) Self-Driving Technology Can Fail on the Road
Self-driving technology presents a variety of risks. The most obvious risk is that when a vehicle is driving itself, no one is in control. While Tesla, Waymo, and other companies have argued that self-driving technology eliminates the risk of human error, in its current state, self-driving technology not only presents many of the same risks as human drivers, but it presents additional risks as well.
Some examples of the major risks associated with self-driving technology include:
Poor “Judgment” Calls in High-Risk Situations
When self-driving and driverless vehicles encounter high-risk situations on the road, they need to decide how to respond. Just like human drivers, they need to make split-second decisions based on the information that is available.
In this scenario, self-driving and driverless cars can make poor “judgment” calls that result in accidents and injuries that could—and should—have been avoided. While self-driving technology has been around for a while now, it is still in its infancy. As a result, self-driving systems have not yet been trained to make the right decisions in all scenarios—and, in many cases, they aren’t capable of gathering and analyzing all of the information they need to fully consider the risks at hand.
Faulty Sensors that Fail to Identify Risks
The current generation of self-driving and driverless vehicles relies heavily on data collected from sensors. These sensors detect everything from vehicle speed to road conditions, and from lane markings to vehicles, animals, and other moving objects.
But, these sensors can (and do) fail.
If a fault sensor fails to identify a risk, this alone can lead to a serious or fatal collision. Likewise, if a sensor detects a hazard that a vehicle’s self-driving technology has not yet been trained to address safely, this can lead to an erratic and potentially dangerous response—if the vehicle responds at all. Fog, haze, and other environmental factors can compromise the effectiveness of self-driving vehicles’ sensors as well.
Defects in Self-Driving Technology
Along with these issues, defects in self-driving technology can also present risks not only for occupants of self-driving and driverless vehicles, but for other motorists, pedestrians, and cyclists as well. This includes both software defects and hardware defects.
Software defects involve programming errors and oversights that present unnecessary risks, while hardware defects can involve electrical, mechanical, and other issues that cause vehicles’ self-driving systems to fail. Both types of defects can present similar risks, and they can both provide clear grounds for victims and their families to seek accountability.
Common Factors in Accidents Involving Self-Driving and Driverless Vehicles
With these failure risks in mind, it’s not hard to see why accidents involving self-driving and driverless vehicles remain common. Some examples of common factors in accidents involving these vehicles include:
- Driving Dangerously for the Traffic, Road, or Weather Conditions – Driving too fast, waiting too long to brake, not leaving enough of a buffer, and other similar types of issues can leave drivers, passengers, and others helpless to protect themselves.
- Driving Into Oncoming Traffic – There have been multiple reported cases of vehicles equipped with self-driving technology driving into oncoming traffic while this technology was activated.
- Failing to Stop or Yield – Failing to stop or yield at an intersection or merging area can be extremely dangerous regardless of whether there is a driver behind the wheel.
- Merging or Turning Into Other Vehicles – Self-driving vehicles have been known to merge or turn directly into other vehicles, seemingly not “seeing” these vehicles prior to causing the collision.
- Stopping in Dangerous Places – Self-driving vehicles have been known to suddenly and unexpectedly stop in dangerous places as well—from the middle of the road to the middle of light rail tracks with oncoming trains.
Again, these are just some of the most common examples of factors involved in accidents involving vehicles equipped with self-driving technology.
Another key factor in cases involving self-driving-capable vehicles with human drivers is over-reliance on these vehicles’ self-driving capabilities. Even with many vehicles advertised as “fully self-driving,” or “FSD,” drivers still need to pay attention and keep their hands on the wheel. However, many drivers do not. As a result, these drivers are not prepared to intervene when necessary, and this also leads to accidents that could—and should—have been avoided.
Establishing Liability for a Serious or Fatal Accident Involving a Self-Driving or Driverless Vehicle
Given these concerns, when a self-driving or driverless vehicle is involved in an accident, who (or what company) is legally responsible?
As with all car, truck, and SUV accidents, the answer to this question depends on the specific circumstances involved. Generally speaking, however, the parties that may be legally responsible include:
The Vehicle’s Manufacturer
Vehicle manufacturers that sell cars, trucks, and SUVs with self-driving technology can be held liable if this technology is responsible for causing a serious or fatal accident. If any of the components of a vehicle’s self-driving system fail, or if the system is legally defective, this can provide clear grounds to seek damages from the manufacturer in the event of a collision.
It is worth noting that this is not specific to vehicles’ self-driving capabilities. Brake failures, tire blowouts, airbag failures, and other similar types of issues can provide grounds to hold vehicle manufacturers accountable as well. If you need to seek compensation for a serious or fatal accident involving a self-driving or driverless vehicle, it will be important to consider all potential grounds for liability.
The Company Behind the Self-Driving Technology
In some cases, self-driving and driverless vehicles are equipped with technology developed by other companies. When this is the case, the company that developed the technology can be held liable in the event that it causes (or contributes to causing) a collision.
For example, while Waymo (which is owned by Google) develops the self-driving technology in its vehicles, the vehicles themselves are manufactured by other companies. Many current Waymo vehicles are manufactured by Jaguar, and Waymo has agreements with Hyundai and other manufacturers as well. But, if Waymo’s technology causes an accident, Waymo can—and should—be held accountable.
The Driver Behind the Wheel of the Self-Driving Vehicle
As we discussed above, even with many “fully self-driving,” or “FSD,” vehicles, drivers still need to be paying attention and have their hands on the wheel. If a driver is not paying attention or does not have their hands on the wheel, then the driver could be fully or partially liable in the event of an accident.
For example, let’s say a self-driving vehicle drifts out of its lane and into oncoming traffic. If the driver could—and should—have taken control and steered back into his or her lane, failing to do so could make the driver liable for a head-on collision. In this scenario, whether the manufacturer, the driver, or both are legally responsible for a crash will depend on the specific circumstances involved.
Another Driver Involved in the Accident
When dealing with the aftermath of any type of serious or fatal auto accident, it is important to consider all possible factors. Just because a self-driving or driverless vehicle was involved in a collision, this doesn’t necessarily mean that the vehicle or its driver was to blame.
Other drivers can cause collisions involving self-driving vehicles, too. Speeding, tailgating, distracted driving, fatigued driving, and running red lights and stop signs are common factors in accidents involving all types of vehicles. If your (or your loved one’s) accident was the result of another driver’s negligence, then seeking compensation may involve dealing with this driver’s insurance company.
Another Third Party
In this same vein, other non-driver-related factors can cause accidents involving self-driving and driverless vehicles as well. This includes (but is not limited to) factors such as:
- Brake failures and other defects in driver-controlled vehicles
- Dangerous road construction zones
- Faulty traffic signals
- Hazardous intersections
- Potholes, sinkholes, and other road hazards
Again, when you need to seek compensation for a serious or fatal auto accident, it is important to consider all possible sources of financial recovery. Regardless of whether a driver, a vehicle manufacturer, a road construction contractor, or any other party is liable for your (or your loved one’s) accident, you need to file the right claim(s) in order to seek the compensation you and your family deserve.
FAQs: Filing a Claim for a Self-Driving Car Accident in South Florida
Can Companies Like Tesla and Waymo Be Held Responsible for Self-Driving Car Accidents?
Yes, companies like Tesla and Waymo can be held responsible for self-driving car accidents in appropriate cases. In these cases, the key question is whether a vehicle’s self-driving technology caused (or contributed to causing) the accident. If so, then the company behind the technology generally can—and should—be held accountable.
How Do You Prove Self-Driving Technology Caused an Accident?
Proving that a defect or failure in a vehicle’s self-driving system caused an accident requires a comprehensive investigation. In this scenario, it will be important for you to promptly engage a law firm that has the capabilities and resources required to handle these types of complex cases effectively.
How Do You File a Claim for an Accident Involving a Self-Driving or Driverless Vehicle?
Filing a claim for an accident involving a self-driving or driverless vehicle starts with determining why the accident happened. Once you know the specific cause of the accident, then you can determine who (or what company) is liable. This, in turn, will determine the steps you need to take in order to seek financial compensation. Due to the complexities involved, we strongly recommend hiring an experienced lawyer as soon after the accident as possible.
Contact Us 24/7 for a Free Consultation with a Coral Gables Auto Accident Lawyer
Do you need to know more about your legal rights after an accident involving a self-driving or driverless vehicle in South Florida? If so, we encourage you to contact us promptly. To speak with an experienced Coral Gables auto accident lawyer at Silva & Silva, call 305-445-0011 or request a free consultation online now.