Self-driving cars are already roaming the streets in many of our cities, from destination to destination. While the concept of autonomous vehicles is exciting, it also raises some concerning questions. The technology is advancing faster than our legal system can keep up with.
Unfortunately, this means there’s often a question mark over liability when a self-driving car is involved in an accident. Is it the driver’s fault, even if they’re not actively in control of the vehicle, or is it down to the company that developed the tech? Right now, the answers depend on where you are and how far the laws in that state have caught up.
The Legal Basics
Most traffic laws were written with human drivers in mind, so they don’t always easily translate to a situation where a car is driverless. The laws simply weren’t designed to cover scenarios like this. Liability could fall on the owner of the car, or it could also point to the company that made the software; if an error caused the crash, could the individual developer be to blame? Then, there’s the manufacturer to consider; since there are so many potentially liable parties involved, in some cases, the fault may even be split.
In states like Georgia, you still need regular car insurance, even if your car has self-driving features. If you’re involved in a crash with an autonomous vehicle, it’s smart to speak to local Augusta car accident attorneys to ensure you get specialized legal advice.
Gaps in the System
In 2018, Elaine Herzberg became the first victim whose life was claimed by a self-driving car. Herzberg was crossing the road in Tempe, Arizona, when an Uber car struck her. The test driver was watching TV on her smartphone while behind the wheel. While Uber settled with Herzberg’s family just days after her death, the rideshare behemoth faced no criminal charges. Instead, the legal case dragged on, eventually resulting in the Uber test driver being sentenced five years later in 2023. This case highlights how laws don’t fully cover the gray area between human error and machine failure.
What’s Being Done
Some states have begun making changes. Some require companies to report accidents involving autonomous vehicles. For example, in San Francisco, startup company Cruise was ordered to pay a $1.5 million fine after failing to fully disclose details of an incident to the National Highway Traffic Safety Administration (NHTSA). However, there’s no unified federal standard. Until that happens, courts will continue handling matters case by case.
Endnote
It’s still not entirely clear where the blame lies when it comes to crashes involving self-driving vehicles. With no clear-cut laws around autonomous vehicles, it’s left up to the courts to decide how each case is handled. For now, the legal landscape continues to be complicated. If you’re unfortunate enough to be involved in an accident with a driverless car, the best thing you can do is get expert legal advice as soon as possible from someone who understands how this evolving area of law works.
