Liability in Autonomous Vehicle Accidents in California

| By:
Liability in Autonomous Vehicle Accidents in California | Belal Hamideh

You might have heard about problems with robo-taxis or a huge verdict against Tesla after a jury found that its Autopilot feature contributed to a fatal car crash. While experts say we are still many years away from having a fully automated vehicle, many cars now have various features that are moving closer to this possibility. 

If you are injured in an accident involving a self-driving car, you might be confused about who is legally liable. An experienced attorney can investigate your case to determine who is responsible and fight for the compensation you deserve. Contact Belal Hamideh for a free consultation to discuss your particular autonomous car accident case. 

What Is an Autonomous Vehicle?

Autonomous vehicles use various sensors, AI, lidar, radar, GPS, cameras, and software to detect information about their environment and perform driving tasks. More highly automated vehicles can operate with minimal or no human intervention. These vehicles are also known as driverless cars or self-driving cars.

Levels of Autonomy

A significant difference exists between various automated vehicles and their features. The different levels of automation in vehicles include the following:

  • Level 0: At Level 0 automation, the driver is in complete control of the motor vehicle. The vehicle may provide safety alerts, such as blind spot detection or forward collision warning, to help prevent accidents.
  • Level 1: At Level 1 automation, there is at least one driver support, such as adaptive cruise control or hands-on lane-centering. The driver must supervise these movements, which are short-term in nature.
  • Level 2: Level 2 automation provides drivers support for longer periods, such as adaptive cruise control to stop. The driver is expected to be able to take over in case of an emergency. 
  • Level 3: Level 3 automation is also known as conditional driving automation. Here, vehicles utilize an automated driving system that is fully responsible for driving the vehicle, aided by artificial intelligence software. 
  • Level 4: Level 4 or high-driving automation does not require any human interaction to drive the vehicle. These vehicles are designed to stop in case of an emergency or a system failure. However, human intervention may be necessary to complete routes or handle transitions, and their capabilities may be limited to a specific geographic region.
  • Level 5: These vehicles are fully automated and don’t require any human interaction. In fact, they might be designed without foot pedals or steering wheels. Weather conditions or geographical restrictions do not impede these vehicles. Currently, there are no Level 5 automated vehicles on U.S. roadways.

Who Is Legally Responsible for Accidents with Autonomous Vehicles?

Various parties could potentially be held legally liable for car crashes involving autonomous vehicles, including:

  • The driver of the car: Vehicles with autonomous features typically contain warnings that the vehicle driver must be able to assume control of the vehicle. If they were distracted or failed to take control of the vehicle when necessary, they could be held responsible for the crash. 
  • The other driver: Just because someone is involved in an accident with an autonomous vehicle does not necessarily mean the driver of that vehicle is responsible. California is an at-fault state for car accidents, so the driver of the vehicle that is not autonomous could be responsible for paying for damages if they are found at fault for the crash. 
  • The car manufacturer: The maker of the autonomous vehicle could be responsible for accidents caused by defective designs or manufactured vehicles. 
  • The software developer: The company that designed problematic software could be legally responsible for car crashes.

An experienced attorney can investigate your case, gather evidence, and determine the party responsible for your injuries and losses. 

What Damages Can I Recover After an Autonomous Vehicle Accident?

Through a personal injury claim, you can seek compensation for your accident-related injuries and losses, including: 

  • Medical expenses
  • Lost wages
  • Costs to repair or replace your damaged vehicle 
  • Physical and emotional pain and suffering
  • Permanent disabilities and impairments
  • Mental anguish and emotional distress
  • Loss of enjoyment of life 

Let our experienced legal team identify all the damages you can claim as part of your car accident claim.

What Should I Do After a Self-Driving Car Accident?

While you might be confused about what to do after getting in an accident with a self-driving car, try to follow these steps to protect your legal claim:

Report the Accident

Contact the authorities and report the accident just as you would if you had been involved in an accident with a regular type of vehicle. Request an ambulance if anyone was injured. 

Don’t Make Assumptions About Liability

Don’t assume that you were at fault for the accident, even if you think your actions may have contributed to it. The vehicle could have had a software glitch or other issue that you’re unaware of. When police respond to the scene, stick to the facts and avoid speculating on liability. 

Your car accident lawyer may conduct an intensive investigation of relevant systems and data. 

Gather Information

Gather information at the accident scene about the other driver and their vehicle. If there is another driver, ask for the following information from them:

  • Name
  • Contact information
  • Driver’s license number
  • Insurance information 
  • Vehicle description

If no one is occupying the vehicle, write down the vehicle’s make and model, if known, color, and any signage on it. Also, jot down the license plate number. If any witnesses stopped at the scene, ask for their names and contact information. 

Use your phone to take pictures of the accident, skid marks, and your injuries. 

Preserve Evidence

Preserve any photos or videos you took. Also, be sure you save any dash cam footage. Your car may also have recorded information in its internal system that can be helpful for your personal injury claim.

Seek Medical Attention

Seek immediate medical attention even if you don’t think you’ve suffered major injuries. You may have delayed symptoms. Prompt medical treatment can ensure that your injuries are properly diagnosed.

Contact an Experienced Lawyer

Don’t delay in reaching out to an attorney who is experienced in handling car accident claims involving autonomous vehicles. 

Don’t Talk to the Insurance Company

Even if insurance adjusters seem friendly and sympathetic, they work for insurance companies, which are for-profit entities that do everything possible to maintain their enormous profit margins. You are under no obligation to give a recorded statement to the insurance company. If the insurance company contacts you, refer them to your personal injury attorney. 

Contact Our Car Accident Lawyers for a Free Consultation

If you were injured in a self-driving car accident, the legal team at Belal Hamideh is here to help. We can conduct an exhaustive investigation and gather the evidence necessary to prove liability. Contact us today for a free case review. 

Related: