RP Staff on July 17, 2024, 9:08 pm

What Are Your Options If Hit By Autonomous Driving Vehicle?

If you’re in an accident involving someone in an autonomous or self-driving vehicle, who is liable?

The idea of self-driving cars seemed like science fiction in the past. And while autonomous vehicles aren’t perfect, the technology is inching closer to the reality of full self-driving capabilities.

Tesla’s full self-driving subscription offers Autopilot, auto lane change, Autopark, traffic and stop sign control, and more. And Tesla isn’t the only EV maker offering various levels of autonomous driving capabilities designed to make the overall driving experience more pleasant.

But everything is great until it’s not — and the negatives of autonomous driving rear their ugly heads when there’s a collision. You’ve likely read articles about these types of accidents.

If you’re driving and are hit by a vehicle driving autonomously, who is responsible? A car accident can be a traumatic thing whether you’re a driver, passenger, or pedestrian. You’ll want to launch a personal injury claim with a reputable personal injury lawyer. Whether you hire a Silkman Law Firm Injury & Accident Lawyer or another legal professional, you need a lawyer.

Continue reading to see what you need to know if facing such a scenario.

The Driver Is Responsible

When it comes to self-driving, there are levels. It goes from Level 0 — which means no automation — to Level 5 — which means full self-driving automation. The driver of the self-driving car is ultimately responsible if deemed at fault in a collision.

An autonomous car can malfunction for various reasons, such as manufacturer or software developer defects that negatively impact how a self-driving EV operates in certain situations.

But the driver behind the wheel can’t abandon responsibility for whatever happens when they’re in the car. Even if the driver has the vehicle in self-driving mode, they must be alert and take control of the EV immediately if the situation calls for doing so.

There are some obvious no-nos when operating an EV. Some of the things people do when their EV’s auto-driving features are equipped are mind-boggling. For instance, some drivers will bury their heads in a riveting book and others will take a nap and leave their EVs to do everything. That’s not a good idea, but it’s a risk that some EV owners take despite the potential fallout.

So, no, a driver in an at-fault accident can’t blame an accident on an EV. The person in the driver’s seat must assume responsibility should there be a vehicle accident.

Whom Can You Sue?

If you’re driving and get into an accident involving someone in an autonomous vehicle, you can sue the at-fault party. That would be the driver of the self-driving vehicle. Even if the vehicle malfunctions in self-driving mode, the driver must be ready to take over at a moment’s notice.

As you would after any car accident, contact the police to report the collision. The police will assess the scene, talk to the principal parties, and determine who is the at-fault party. It’s a good idea to get the contact details of everyone involved in the accident and any witnesses.

You’ll want the police report to hand to your personal injury lawyer if you’re injured in a car accident. It’s essential to know that your insurance company doesn’t have to agree with the police officer’s determination about who is at fault in the accident.

If you file a claim and the insurer finds you at fault rather than the driver of the self-driving vehicle, you’ll need a personal injury lawyer. Your legal representative will go toe-to-toe with the insurer and leave no stone unturned in your defense.

The key thing to remember is that the driver is always responsible for operating their vehicle. While self-driving features are getting better, they’re not yet good enough to replace drivers.