Companies like Waymo, Tesla, and General Motors are always striving to make autonomous vehicles accessible to the public. With Tesla moving its headquarters to central Texas in 2020, Elon Musk has doubled down to get 50,000 Nvidia H100 GPU chips live for its AI (artificial intelligence) applications. This investment in artificial intelligence allows the company to always stay one step ahead of current trends. With self-driving vehicles becoming all the new rage, some driverless cars require little or no human operation.
With the advancement of self-driving cars, one has to wonder who is liable in the event of a crash? Below, our Texas car accident lawyers at Moore Law Firm discuss steps to take and how to determine fault in an accident involving a self-driving car.
How is Negligence Determined in a Car Crash?
Motor vehicle accidents are based upon a person failing to use reasonable care in performing a task, known as negligence. Negligence can be divided into the following four elements:
- Duty: All motorists have a duty to follow traffic regulations;
- Breach: Through an act or omission, the defendant violated his or her duty;
- Causation: The defendant’s action directly caused the victim (plaintiff) injury;
- Damages: As a result of the defendant’s actions, the plaintiff has sustained injuries and other measurable losses.
Levels of Vehicle Automation
The five levels of automation in a motor vehicle include:
- Level 0 (Momentary Driver Assistance): Driver has full control over the vehicle, with vehicle assistance being provided in limited situations. These situations may include emergency safety interventions, warnings, or other alerts.
- Level 1 (Driver Assistance): The vehicle consistently assists with braking, acceleration, or steering, but the driver is responsible for the operation of the vehicle.
- Level 2 (Additional Driver Assistance): The vehicle consistently assists with braking, acceleration, and steering, but the driver is responsible for the operation of the vehicle.
- Level 3 (Conditional Automation): The vehicle drives itself, but you can take over operation of the vehicle if needed.
- Level 4 (High Automation): The vehicle is able to operate completely on its own, not requiring a human driver to take over in most circumstances.
- Level 5 (Full Automation): The vehicle is able to operate completely on its own in all types of road conditions without the assistance of a human driver.
Self-Driving Car Accident Liability
In traditional vehicles, negligence is attributed to the driver. Common causes of negligence in a traditional car accident include distracted driving, driving under the influence, and speeding (or other aggressive behaviors). However, the advancement in technology has resulted in a shift in liability. Depending on the level of automation, accident liability may lie with any number of parties, including:
Vehicle Manufacturers
Self-driving cars use AI technology to make judgment calls on the road. If there is an accident with a self-driving car that is due to a hardware malfunction, then the vehicle manufacturer could be held responsible for your crash.
Software Developer
Self-driving cars contain complex applications requiring that a software developer design, develop, and maintain these systems. Sadly, even a minor software glitch can cause a self-driving vehicle to crash, resulting in a third-party suit against the software developer.
Maintenance Providers
Unlike a traditional vehicle, self-driving vehicles require no fuel system maintenance or oil changes. Maintenance providers should check that your network connection is reliable, so that you are always up to date with real-time data. Ensuring accurate network connectivity can mean the difference between a safe and hazardous ride.
Drivers
As the world’s largest electric car manufacturer, Tesla has made great strides in semi-autonomous driving technology. However, Tesla’s full self-driving mode is rated level 2, meaning that the driver is still responsible for operation of the vehicle, with the vehicle offering some assistance. Like in a traditional vehicle, a driver can still make a mistake, causing a collision.
Another Driver
While we all think about the accidents caused by a self-driving vehicle’s system malfunction, a software glitch, or the vehicle’s driver, other drivers may be liable in a crash with a self-driving car. Texas is an “at-fault” insurance state, so the motorist that caused the accident will be responsible for paying for any accident-related costs.
What Happens if More Than One Party Shares Self-Driving Car Accident Liability?
Self-driving car accident liability is determined by collecting all relevant evidence and information. If more than one entity caused the crash, then under Texas law, an injured party’s damages may be reduced by his or her degree of liability. Never assume that you are not entitled to compensation if you believe you were partly to blame.
Schedule Your Consultation with Our Texas Car Accident Lawyers Today
Gathering evidence to prove your lack of contribution in a car accident can be challenging. At Moore Law Firm, our Texas car accident attorneys will make sure that your actions are evaluated fairly. We will gather all the necessary evidence to prove that your claim is given fair consideration. Our legal team has experience negotiating with insurance, meaning that you can be sure that you are receiving the maximum compensation on your accident claim.
To schedule your free consultation, contact us online or by calling (956) 800-6806 today.