Self-driving vehicles are here to stay. Although Tesla has dominated the market for the past few years, most leading automakers are working on self-driving cars.
Meanwhile, policymakers are trying to establish a system that will allow for the eventual deployment of fully autonomous vehicles on our country’s highways.
However, extensive research reports that self-driving cars are still far from flawless. Besides, although advertised as “self-driving,” these vehicles always need a focused driver behind the wheel.
So, who is at fault in a self-driving car accident?
Read on to find out whom to hold liable for a self-driving car accident in North Carolina and how Fayetteville car accident attorneys may help.
What Exactly Is a Self-Driving Car?
Self-driving vehicles are subject to much discussion and advertising. Generally, the law refers to semi-autonomous or fully autonomous cars.
A semi-autonomous car requires the help of a human driver to operate, while a fully autonomous car does not. A self-driving car can operate without a driver and thus is “driverless.”
There are other distinct levels of automation, which differ based on whom you ask.
The National Highway Traffic and Safety Administration (NHTSA) categorizes automation based on the level of intervention the vehicle or automated driving system (ADS) can perform on a scale of 0 to 5.
Alternatively, the Society of Automotive Engineers (SAE) classifies “levels of driving automation” on a scale of 0 to 5.
Legal definitions also differ across states. According to a North Carolina law passed in 2017, a fully autonomous car does not need an occupant to operate any dynamic driving task when the automated driving system is engaged.
North Carolina law defines it as a car equipped with software and hardware components that can sustainably perform the dynamic driving task.
Are There Self-Driving Cars on the Road Today?
Numerous autos with semi-autonomous features and self-driving functionalities are available for purchase. A few fully autonomous cars are in the testing stage but with a human driver aboard.
But there are currently no actual autonomous cars available for purchase. You might be driving next to a fully autonomous test vehicle based on your residence.
Soon, you will drive next to a handful of fully autonomous, driverless automobiles. Statista estimates that by 2025, the global market for self-driving cars will be worth $36 billion, with the United States accounting for close to 30% of that total.
Other projections are considerably higher, placing the global market value at about $70 billion in 2020 and predicting rapid growth to over $2 trillion by 2030.
Self-Driving Car Accidents – The Future Is Now
Unfortunately, self-driving car accidents are already occurring- although using the word “self-driving” in this case is misleading.
Did you know that semi-autonomous and fully autonomous test vehicles are involved in around twice as many road accidents per million miles as human-driven cars?
An average of 9.1 of these mistakenly branded “self-driving car accidents” occur per a million miles driven, compared to 4.1 for human-operated vehicles.
However, the severity of the average self-driving car accident is relatively lower. Rear-end collisions followed by sideswipes are the most common self-driving car accidents.
As a result, automakers like Tesla and tech giants like Google are now developing technologies that offer varied degrees of autonomy and will ultimately result in fully autonomous vehicles.
Some parts of the country allow automakers to conduct limited road tests of fully or semi-autonomous self-driving cars. North Carolina legislation covers these cars. In other jurisdictions, like South Carolina, their use is not explicitly regulated by law.
Regardless, self-driving car accidents persist.
- For 20 months in 2019 and 2020, Waymo, Google’s self-driving vehicle, was involved in 18 crashes, most involving cyclists, pedestrians, drivers, or other objects. These incidents exclude the 29 instances where a human operator had to take over the wheel to prevent a collision.
- Tesla vehicles operating in Autopilot, or “self-driving” mode, were involved in 11 accidents between 2019 and 2022, resulting in 17 injuries and one fatality. Three Tesla drivers died in self-driving car accidents between 2016 and 2022.
- Uber, also testing an autonomous car, has seen its test vehicles crash 37 times.
Setting Legal Precedents for Self-Driving Crashes
The delay in adopting self-driving automobiles is primarily due to the accident risk. Fortunately, there have been relatively lower fatalities involving autonomous cars.
But there is not enough information yet to determine how safe or unsafe they are, compared to the data about conventional cars gathered over the years.
The fact that there are no established standards for how the courts would handle a self-driving car accident case goes hand in hand with the risk of injured people. Only five states had approved these vehicles by 2016.
Currently, laws governing autonomous vehicles are in effect in 29 different states. North Carolina is one of these states whose law allows autonomous vehicles on the road.
But while North Carolina allows them, it is still unclear whom you can sue in case of an accident. Fayetteville car accident attorneys can help you determine who was at fault for your accident and hold them liable for your damages.
Self-Driving Car Accident Liability – Comparative vs. Contributory Negligence
States approach car accident cases in two ways. Comparative negligence states like South Carolina weigh each motorist’s negligence and assign their percentage of fault accordingly.
Then there are contributory negligence states, like North Carolina, where you will not be eligible for compensation if you are even one percent responsible for the compensation.
Determining Liability in a Collision Involving a Self-Driving Car
When determining fault in a self-driving auto accident, the first question is the same as for any other car accident: who are the involved parties?
Similarly, the answer to this question is typically the same. Some of the parties commonly at fault for self-driving crashes include:
1. The driver of the “self-driving” car
The fact that a self-driving car got into an accident today does not necessarily mean the vehicle is to blame. Driver negligence is still a potential factor!
As far as 2018, humans were still the leading cause of self-driving car accidents. in fact. Anecdotal evidence shows that drivers pose a significantly higher risk in self-driving vehicles.
By relying more on their cars’ autonomous capabilities, drivers engage in risky behavior (such as reading, watching, and even sleeping behind the wheel), which they would otherwise avoid in a non-autonomous car.
As we speak, the government is yet to approve total reliance on these vehicles’ autonomous functionalities.
2. The car manufacturer
Negligence law is the basis of most car accident claims against drivers. However, claims against vehicle manufacturers lean on product liability law.
Under North Carolina’s product liability law, individuals can hold manufacturers liable for injuries and fatalities caused by vehicle defects. That means you do not need proof of negligence but must demonstrate that:
- The vehicle was defective, and
- The defect was the cause of the crash.
Legally speaking, a product is defective if it is unsafe for its intended use. With self-driving cars, this would mean the vehicle is dangerous to be on public roads (with its autonomous functionalities activated).
If the operator is keen and cannot prevent a crash, the vehicle probably has a defect- and the manufacturer could be held 100% liable for the accident.
But if driver negligence and vehicle defect contributed to the accident (for example, if the driver was distracted and the car could not detect other vehicles in its path), the driver and vehicle manufacturer will share fault for the accident.
3. The manufacturer of a defective vehicle component
Most times, car manufacturers purchase parts from other firms. For example, the car you buy from a manufacturer has tires made by popular tire brands.
The same applies to car technology- including self-driving functionalities.
So, suppose you suffered an injury in a crash involving a self-driving car that used technology from a third-party software firm or hardware supplier.
In that case, you may file a claim against that firm in addition to your claim against the car manufacturer.
4. Any other company in the vehicle’s distribution chain
Product liability laws determine liability for any company involved in the “chain of distribution” of a defective product.
So, as a victim of a self-driving car accident, you can claim compensation from the car manufacturer, the dealership, the self-driving component manufacturer, and many other companies.
After filing a claim, these parties will determine where the ultimate liability lies (these companies have contracts that assign liability to the responsible party). But you are still eligible for compensation regardless of the company directly at fault for the defect.
5. A third party such as a vehicle repair shop or road construction contactor
Negligent vehicle repairs can contribute to and cause car accidents too. A vehicle may not have a defect, but faulty maintenance might make driving risky.
Whether the self-driving car owner returned it to the dealership or an independent repair shop for maintenance, if a negligent repair was the cause of the accident, you are eligible for total compensation for your damages.
The same applies if poor road construction or road maintenance was the cause of the accident.
The fact that a self-driving vehicle was involved could be irrelevant to your compensation claim if other parties caused the crash. Eventually, the self-driving vehicle’s involvement is one of the factors to consider.
While the self-driving car feature could have been to blame, another factor may have contributed.
Like in any other traffic accident, the only way to establish liability is to launch a thorough investigation, which means immediately consulting Fayetteville car accident attorneys.
Speak to Our Fayetteville Car Accident Attorneys Today!
Determining who or what caused the self-driving car accident may be a challenge. For this reason, the parties involved may use comparative negligence as a defense by placing the fault for the accident on each other.
A car accident victim deserves total compensation regardless of who was at fault. It is best to obtain legal counsel from a qualified personal injury attorney if you have been injured in a collision with any vehicle.
Legal Giant partner attorneys can help you get fair compensation no matter who is at fault. Our partner Fayetteville car accident attorneys understand North Carolina negligence laws, so they can help determine fault and fight for your rights.
Contact us at (855) 740-5024 for a free case evaluation today.
