Self-driving technology has evolved rapidly in the last few years, with improvements seeming to come every few months now instead of every few years. However, changes to this type of technology can be dangerous. If a driver believes that a car is doing the driving for them, they may not pay as much attention as they would in a standard driving situation.

It’s important to understand that self-driving cars can still cause accidents and that you have rights when they do. If you’ve been hit by a self-driving car, learn more about your options with our team now. Call Delius & McKenzie today.

What self-driving actually means

The term “self-driving” actually refers to various levels of vehicle operation with differing levels of human input. Vehicles are typically rated on a scale from SAE Level 0 through SAE Level 5. Levels 0 through Level 2 offer driver support. These vehicles do not drive autonomously, but they do support drivers in their efforts to drive more safely. Features offered at these levels include automatic emergency braking, blind spot warnings, lane centering, and steering support. Once you break into Levels 3 through 5, you get into actual self-driving vehicles. Currently, there are no vehicles at Level 5. Level 5 is a fully self-driving vehicle and it’s the final goal for manufacturers in this auto space. The NHTSA describes these levels as starting at driver assistance and ending with full automation.

At Level 3, you must drive when the vehicle asks you to. This is often the case when there’s traffic jams, bad weather, or other unpredictable scenarios. At Level 5, the vehicle never asks you to take over.

Yes, self-driving vehicles cause accidents—here’s how

It should come as no surprise that self-driving vehicles can cause collisions. These accidents frequently make the news. In one case, a driver had autopilot engaged on his vehicle when a tractor-trailer turned left in front of him. The car did not brake and it ran under the truck, which did not have side underride protection. As a result, the driver of the autonomous vehicle died.

In another collision, an autopilot driving an operator who had fallen asleep struck and killed a man in the road who was directing traffic. Still another crash involved a car that ran a stop sign and hit a parked vehicle that spun out and killed a pedestrian.

There are significant issues with self-driving vehicles. They are fairly inconsistent at identifying obstacles, particularly those that don’t follow normal patterns. Even if an obstacle is detected, it may or may not stop in time. In some cases, they have failed to identify red lights and stop lights, causing them to violate right-of-way laws.

Some of the most commonly reported types of accidents caused by self-driving cars include:

• Rear-end accidents
• Crashes involving parked vehicles
• Low-visibility crashes
• Wrong-way driving accidents
• Lane departure collisions

Liability in self-driving vehicle accidents

Self-driving vehicles have led to some complex questions regarding liability in collisions. If the car is driving on its own and making decisions based on its engineering, who is responsible when it causes a collision?

In some cases, the person occupying the driver’s seat of the self-driving vehicle is liable. The vast majority of these vehicles have extensive warnings indicating that drivers must pay attention while the car is in control and be prepared to take evasive action whenever necessary. A surprising amount of these collisions could have been prevented had the driver in the driver’s seat paid attention and chosen to take over control of the car. If a driver chooses to ignore the warnings given by their car, they may be liable when they fail to intervene. This is typically considered negligence.

In other situations, the creator of the vehicle is to blame. Not all cases are the result of the operator’s failure. The self-driving features of the vehicle can fail, and when they do, it may not matter if the driver steps in—it may be too late. Vehicle manufacturers have an obligation to thoroughly test all vehicle features before releasing it to the general public, and when they fail to do so, they are often held accountable.

It’s somewhat less common for government agencies to be liable for crashes, but it is possible. Government agencies are required to maintain their roads adequately, keep signs visible and appropriately placed, and otherwise create a safe driving environment. If they let their roads fall into such disarray that a self-driving vehicle cannot operate safely, that may fall on the government.

Legal challenges and gray areas

Victims of collisions caused by autonomous vehicles often hit roadblocks when they try to sue the at-fault party and recover compensation. The driver is likely to point to the car as the liable party, while the manufacturer will generally point right back at the driver as the responsible party.

That’s why it’s important to reach out to a car accident lawyer early in the process. While all vehicle accident claims can be complicated, those involving self-driving vehicles are far more challenging than other cases. Your right to seek compensation doesn’t end just because a self-driving car was involved—but you may need legal assistance to hold the liable party accountable.

Fight for compensation with the team at Delius & McKenzie

If you’ve been injured in an accident with a self-driving vehicle, it’s time to protect your legal rights and find out if you are entitled to compensation. The team at Delius & McKenzie is here to help. Schedule a consultation with our team now. Just call us or send us a message via our online contact form now.