As motor vehicle technology continues to evolve, the possibility of sharing the road with self driving cars is quickly becoming a reality. While the prospect of autonomous vehicles creates fascinating possibilities for convenience and safety, it also raises important legal and ethical questions about how driverless cars will affect existing personal injury laws and who will be responsible for autonomous vehicle accidents.

Under a traditional fault-based framework, human error is perhaps the most significant factor for determining who was at fault for causing an automobile accident. As we begin to share the road with self driving vehicles, the legal framework for assessing liability will need to adapt to address this new technology. State and federal lawmakers will be called upon to create laws to address this new technology. Until they do, significant uncertainty remains when it comes to liability and litigation involving self driving vehicle accidents.

Autonomous Vehicles Are Touted as a Safer Alternative

Autonomous vehicles are widely celebrated as a safer alternative than vehicles operated by humans. According to auto industry executives and even the National Highway Traffic Safety Administration (NHTSA), given their enhanced hazard detection capabilities and quicker response time, autonomous vehicles are better at avoiding crashes than a vehicle driven by a human. However, the safety systems installed in self driving cars are still being fine-tuned and will likely never be perfect.

Levels of Automation for Self-Driving Vehicles

Driver-assist technology is rapidly becoming standard on many newer vehicles. Vehicles alert drivers who drift outside of their lane, help avoid collisions by providing automatic braking, and discourage distracted driving practices. Other driver assist features include parking assistance and adaptive cruise control. But the driver remains largely in control of the vehicle.

However, as an NHTSA publication on autonomous vehicle safety points out, “[T]here is no vehicle currently available for sale that is fully automated or ‘self-driving.’ Every vehicle currently for sale in the United States requires the driver’s full attention for safe operation.”

Using a scale developed by the Society of Automotive Engineers (SAE), the Department of Transportation classifies vehicles according to their degree of autonomy.

• Level 0 vehicles are entirely manual but may include some automation, such as automatic emergency braking, forward collision warning, and lane departure warnings.
• Level 1 vehicles introduce automated cruise control but leave braking and steering entirely within the driver’s control.
• Level 2 automation introduces technology that controls steering and acceleration. However, the driver must be in the driver’s seat and available to take control at any time.
• Level 3 is described as “conditional automation” and includes technology that can handle basic driving tasks. However, there will still be cases where the driver must take manual control.
• Level 4 automation handles all driving tasks in all conditions with little to no need for manual override.
• At Level 5, the vehicle’s autonomous driving technology makes all driving decisions. These vehicles may not even include steering wheels or brake pedals. This technology is still being tested and is not available to the public.

Proving Liability for a Self Driving Vehicle Accident

Even as self driving vehicles begin to appear on Ohio roads, their presence is unlikely to completely eliminate car accidents. Autonomous vehicle technology has not yet evolved to the point where driving is fully automated, and drivers must understand the limitations of self driving technology. Drivers who abuse self driving technology or place undue trust in it can still be held liable for their role in causing an accident. However, change is coming, and lawmakers must be prepared to adapt to this new legal framework.

When an autonomous vehicle is involved in an accident, liability could extend beyond the drivers and could include the vehicle manufacturer, software engineers, and others. Lawyers and claims adjusters will need to evaluate whether the automated driving system was engaged, the extent of the driver’s obligation at the time of the collision, and whether the automated driving system failed in some way.

Determining fault for an autonomous vehicle accident will likely require sophisticated data collection techniques and an analysis of the autonomous vehicle’s sensors, monitoring equipment, and response systems to determine whether the driver was paying attention. If it is determined that the automated system was to blame, the claim may fall under product liability law, where an injured person would need to prove there was a product defect, establish the scope of the product’s expected use, and prove their injuries were caused by the defective product.

Legal and Ethical Considerations in Autonomous Vehicle Accidents

Beyond the questions of legal liability for an autonomous vehicle accident, the development of autonomous vehicles raises ethical questions. Autonomous vehicles will need to be programmed to make split-second decisions to avoid accidents. But how will the program respond when faced with two undesirable outcomes?

Catastrophic accident and wrongful death cases will raise challenging ethical questions about the algorithms that dictate the response of an autonomous vehicle and who should be responsible for the outcomes of those decisions. When an autonomous vehicle is involved in an accident, determining fault could quickly expand to include the vehicle manufacturer, software engineers, programmers, and others involved in developing and implementing the self driving vehicle technology. Proving liability would become increasingly complicated and could turn on questions about how the autonomous vehicle was programmed, who did the programming, and whether and to what extent that programming or hardware contributed to the accident.

Robenalt Law Is Poised to Offer Comprehensive Legal Representation in Autonomous Vehicle Accident Claims

Even though fully automated vehicles have not yet arrived, the technology is evolving quickly and they will soon become a reality. Robenalt Law is an industry leader in personal injury law and is poised at the forefront of this emerging technology. We are prepared and committed to providing zealous legal representation to people injured in an autonomous vehicle accident throughout Ohio.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus and handles personal injury and wrongful death cases throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.