When news in 2018 of a self-driving car accident that killed a woman in Arizona hit the headlines, reactions were mixed.
Some were not surprised that this could happen. Others could not understand how a driverless vehicle filled with the most advanced sensors could fail to hit the brakes, resulting in the death of a woman.
The automobile driven by a computer was traveling at 38 miles per hour at the time of the accident.
As the experienced Los Angeles car accident attorneys at El Dabe Ritter Trial Lawyers may argue, fault determination in accidents with self-driving cars is complex.
A jaywalker may not necessarily be “at fault,” especially if the self-driving car failed to identify them.
Liability in California would consider the vehicle’s sensors, the pedestrian’s actions, and potentially assign partial fault to both parties.
Establishing Fault in an Accident with a Driverless Car
Determining who is responsible for a self-driving car accident depends on several factors. Liability may fall on one or more parties—including the vehicle’s manufacturer, software developers, or a human operator—depending on whether the car was fully or partially autonomous.
Traffic violations by other drivers or even actions by pedestrians, like jaywalking, can also play a role. If you were injured as a passenger, bystander, or another driver, you may be eligible to file a personal injury claim.
Here’s who could potentially be held liable:
1. The Operator or Owner of the Self-Driving Car
Even if the car was in autonomous mode, a human driver might still have been responsible for supervising the vehicle. If the operator failed to take control when needed or was negligent in allowing the car to operate in unsafe conditions, they could be liable.
2. The Manufacturer or Technology Developer
If the crash happened because of a malfunction in the vehicle’s autonomous system (for example, faulty sensors, software errors, or braking failures), you may have a product liability claim against the:
- Vehicle manufacturer (e.g., Tesla, Waymo, etc.)
- Software developer
- Component supplier
3. The Other Driver
If the other car’s driver acted negligently—by speeding, running a red light, or driving distracted—they may be liable, just like in a traditional car accident.
4. A Combination of Parties
Liability in self-driving car accidents is often shared. For example:
- The autonomous vehicle may have misjudged a turn and the other driver may have failed to yield.
- A software error may have caused a delayed reaction, but the vehicle’s human operator ignored a warning.
In such cases, your attorney can help pursue compensation from multiple parties, depending on each one’s percentage of fault.
Self-Driving Car Accident Claim Process
The self-driving car accident claim process is similar to a traditional car accident claim in some ways—but it often involves more complex questions of liability, technology, and insurance.
Waymo vehicle involved in crash on 10 Freeway in West Los Angeles — ABC7
Here’s a general overview of how the process typically works:
1. Seek Medical Help Immediately
Your health is the top priority. Seek medical attention right away—even if your injuries seem minor. This creates a medical record that supports your injury claim.
2. Report the Accident
Call the police and make sure an official report is filed. Be sure to mention that a self-driving or autonomous vehicle was involved. This report can serve as critical evidence later on.
3. Gather Evidence
Collect as much information as possible:
- Photos of the vehicles and scene
- Contact info of witnesses
- Any available dashcam or surveillance footage
- Details on the make and model of the autonomous vehicle
If possible, note whether the car was operating in autonomous mode at the time of the crash.
4. Determine Who May Be Liable
As mentioned previously, this step is where self-driving car cases become complex. You may be able to file a claim against:
- The vehicle manufacturer
- The software developer
- The company that owns or operates the vehicle
- The human operator (if applicable)
- Another driver or pedestrian involved in the crash
An experienced personal injury attorney can help identify the liable parties and guide you through the complex legal and technical issues involved in self-driving car accident claims.
5. File an Insurance Claim
Depending on the circumstances, you may file a claim with:
- The insurance provider of the self-driving car company
- Your own insurer (if coverage applies)
- A third party’s insurer, such as the other driver’s
If insurers dispute fault or offer a low settlement, legal action may be needed.
6. Consult a Personal Injury Lawyer
Autonomous vehicle accidents often involve corporate insurers, technical evidence, and evolving legal standards. A personal injury lawyer can protect your rights, handle negotiations for you, and pursue full compensation for your injuries.
7. Pursue Compensation
If a fair settlement can’t be reached through insurance, your attorney may recommend filing a lawsuit. Compensation may include:
- Medical expenses
- Lost income
- Pain and suffering
- Future treatment costs
Need Help Navigating a Self-Driving Car Accident Claim in California?
These cases can get complicated fast. Our experienced team at El Dabe Ritter Trial Lawyers can guide you through every step. Call now for a free consultation and find out who may be responsible for your injuries.
Our skilled and experienced California personal injury lawyers are committed to protecting your rights and ensuring fair treatment, even when liability is complex.
