Can You Sue After an Injury Involving Autonomous Vehicles in Washington?

Autonomous vehicle technology has developed rapidly in recent years, changing how people think about car accidents. When a collision involves a self-driving or partially autonomous vehicle, injured people may worry that there’s no one to hold accountable. If an accident occurs due to a technology failure, can the human driver still be held responsible?

The answer differs for every case, which is why you need a car accident lawyer to look at the facts of your case. Discuss your autonomous vehicle accident with Smith McBroom Injury and Accident Lawyers now by calling us today.

What counts as an autonomous vehicle?

The terms “self-driving” and “autonomous” are widely used, but their actual meaning depends on the car’s make and model. Many newer cars on the road now use advanced driver assistance systems that include adaptive cruise control, automatic emergency braking, blind spot monitoring, and parking assistance. These tasks are partially autonomous, but the car is ultimately still driven by a human being.

Semi-autonomous systems allow vehicles to perform some driving tasks. However, these vehicles generally require a person behind the wheel who can supervise and intervene if the system fails or acts unsafely.

Fully autonomous vehicles also drive completely on their own, without any real-time human control. These vehicles may have limitations on which conditions they can be driven in.

Washington state law addresses the testing of autonomous motor vehicles(opens in new tab). Washington allows for testing with or without a human operator. However, those testing autonomous vehicles do have to self-certify, report, and carry proper insurance.

Can you sue after an autonomous vehicle injury?

Yes, you may be able to sue after being injured in a crash involving a self-driving vehicle. Depending on your case, the responsible party could be a human driver, vehicle manufacturer, component manufacturer, commercial fleet operator, software developer, or testing company.

A lawsuit involving an autonomous vehicle crash may focus on human error, failing to intervene, product defects, unsafe testing, and defective warnings. Consider a driver who operates a semi-autonomous vehicle but does not stay engaged and ready to intervene. If the computer system fails to recognize an obstacle on the road and the driver is napping or using their phone, a legal claim could focus on the driver’s failure to supervise the vehicle. However, it could also target the manufacturer with a defective product claim. Because these cases are so fact-specific, you can’t really know who is liable in an autonomous vehicle crash until your car accident attorney has investigated it and explored different theories of liability.

When a human driver may be responsible

Many advanced driver assistance features still require a human driver to remain alert and ready to step in if the vehicle fails. Fully autonomous vehicles that require zero human attention or readiness are still fairly rare, so collisions may come down to a driver’s failure to pay attention.

Drivers are often held responsible for autonomous vehicle accidents when they rely too heavily on automation, ignore warnings, use features outside of approved conditions, or do not intervene quickly enough.

A driver may be deemed negligent if they turn on adaptive cruise control and lane centering, then look down at their phone. Even though those features make it easier to drive safely, they aren’t meant to be a replacement for an attentive human driver.

On top of that, autonomous technology does not excuse ordinary unsafe driving. A driver who is speeding, impaired, aggressive, or generally careless may be negligent, no matter how many safety features their vehicle has.

When the vehicle manufacturer may be responsible

Washington product liability law often comes into play when the vehicle or automated system is defective. The Washington Product Liability Act can hold manufacturers liable when harm is caused by a product that is not reasonably safe in its design, construction, or warnings and instructions.

When we’re talking about autonomous vehicles, this may include defective sensors, a sensor system that does not detect pedestrians or cyclists, inadequate warnings about system limits, and unsafe handoffs between the autonomous modes and human control modes.

Inadequate warnings and instructions are often relevant in these cases. If a manufacturer advertises a vehicle as being capable of driving itself, even when it requires constant supervision, that can become a significant issue.

The role of software developers, component makers, and technology providers

Washington law may also allow you to hold sensor manufacturers, fleet operators, maintenance contractors, and product sellers accountable for collisions. There are limitations on when product sellers can be held liable, as state law generally limits liability to their own negligence, breach of an express warranty, concealment, or intentional misrepresentation, subject to certain statutory exceptions.

It’s a little more nuanced when we’re talking about software developers and technology providers. Liability may hinge on whether the software was part of the relevant product that caused the accident, if unsafe updates or defective coding contributed to an accident, and who controlled the system.

Insurance issues

Insurance may be more complicated in a collision involving an autonomous vehicle. Coverage may include the human driver’s auto insurance, the injured party’s UM/UIM or PIP coverage, or a testing entity’s insurance. If the vehicle was owned by a company, coverage may be available through a commercial fleet policy.

Insurance companies may push back or dispute liability when an autonomous vehicle is involved in a collision. They may question if a crash is caused by driver error, third-party negligence, misuse of the vehicle, or product failure.

Because there are so many factors at play here, working with a car accident lawyer with experience in autonomous vehicle collisions is essential.

Fight for fair compensation with Smith McBroom Injury and Accident Lawyers

The team at Smith McBroom Injury and Accident Lawyers is here to help you hold negligent drivers and tech companies accountable. Schedule your consultation by calling us or connecting with our team online.