Self-Driving Vehicles Injury or Death
These cases can be complex due to the evolving nature of self-driving technology and its regulatory landscape. Legal implications generally center around issues of liability, as traditional laws of negligence and product liability are being adapted to apply to autonomous vehicles.
Traut Injury Law has not just handled these cases, but remains diligent in keeping up with both new laws and technology in this area.
1. Liability and Potential Defendants
- Manufacturer Liability: The vehicle manufacturer (e.g., Tesla, Waymo) could be liable if a defect in the self-driving software or hardware caused the accident. This falls under product liability law, where manufacturers must ensure their products are safe and free from defects.
- Software Developer Liability: Some vehicles rely on third-party software developers for autonomous technology. If a software flaw contributed to the accident, these developers may also bear some responsibility.
- Vehicle Owner Responsibility: Some jurisdictions, including California, require that human drivers remain attentive even in autonomous vehicles. If the vehicle’s owner didn’t follow these rules, they may share liability
- Other Parties: In some cases, external factors such as poor road infrastructure or faulty signals could have contributed. In these cases, a government entity or road maintenance company might also be liable. That is precisely why Traut Injury Law will retain the necessary experts to evaluate these issues.
2. Challenges in Establishing Fault
- Self-driving vehicles often rely on complex algorithms and machine learning to make decisions, which can make it challenging to pinpoint where things went wrong.
- Determining if the incident was a result of a software/hardware failure or human error (such as the owner improperly using the self-driving function) is complex. This might require analyzing large amounts of data from the vehicle and reviewing maintenance and user history.
3. Role of Experts
Experts play a crucial role in these cases, especially in the following areas:
- Reconstruction Experts: Can help recreate the incident to determine how the vehicle responded and if it acted according to its programming or safety protocols.
Software and Engineering Experts: These experts analyze software data and algorithms to identify potential defects or failures in the vehicle’s autonomous systems.
Human Factors Experts: They help explain the role of human oversight in accidents involving semi-autonomous vehicles, which might influence how responsibility is assigned between the human driver and the vehicle’s AI.
4. Legal Framework and Regulatory Impact
- Laws regulating autonomous vehicles vary by state and country, with some having more developed regulations than others. Courts often look at whether the company or driver complied with applicable laws in place at the time.
A recent trend in courts has been to apply a mix of negligence and product liability principles, balancing the responsibilities of both human drivers and autonomous vehicle manufacturers.
5. Future of Self-Driving Litigation
As autonomous vehicle technology and regulations evolve, legal precedents will likely shift. Current cases will influence future court decisions, and legislation may be introduced to more clearly define liability in these cases.
Pursuing a case involving a self-driving vehicle can be demanding, both legally and technically, making expert testimony and guidance essential. It is often a very expensive endeavor because the amount of experts that may be required. Traut Injury Law is well-equipped to handle your case.
