Who Is Liable in Self-Driving Car Wrecks? What You Need to Know

As autonomous vehicles become an increasing presence on Washington’s roadways, the number of collisions involving self-driving cars is bound to rise. Unfortunately, the regulations surrounding self-driving cars are in a state of flux as the technology develops and autonomous vehicle manufacturers continue to test and modify their cars. This situation makes the question of liability in Seattle self-driving vehicle accidents a bit more complex than in accidents involving vehicles operated by human drivers.

Washington State’s Autonomous Vehicle Laws

Washington state was among the frontrunners in attempting to establish a regulatory framework governing self-driving cars. Governor Jay Inslee signed an executive order in 2017 inviting manufacturers to test driverless vehicle features on Washington roadways. To do so, they must register with the Washington State Department of Licensing and follow specific safety and reporting guidelines.

Among other provisions, the executive order emphasized that a human operator located within or outside the vehicle must be able to take control of the vehicle in an emergency. Washington law also requires testing entities to carry at least $5 million in insurance coverage per occurrence in the event of bodily injury, death, or property damage.

As more self-driving cars appear in Washington state and nationwide, the need for robust regulations becomes increasingly acute. U.S. News & World Report recently reported that a Seattle-area Tesla driver claimed he was using the vehicle’s Autopilot system when he hit and killed a motorcyclist. He said he was using his cell phone when the vehicle lurched forward, hitting the motorcyclist and pinning him beneath the Tesla.

Collisions like these illustrate the urgency of improvements in the manufacturing and design of autonomous vehicles. They also highlight the need to further refine the regulatory system to account for changing technology and ensure the promotion of public safety. They also demonstrate the complexity of identifying liable parties and holding them accountable when collisions involving self-driving cars cause injuries and fatalities.

Who Is Liable in Self-Driving Car Wrecks?

Many car crash claims are relatively straightforward because they involve two drivers. More complex claims may involve other parties, such as vehicle manufacturers. In cases involving self-driving cars, there are other potential parties who may bear liability:

The Car Manufacturer

If the wreck occurred due to a defect in the autopilot or self-driving system, either the hardware or the software, the car manufacturer could potentially be liable under Washington’s product liability laws. A product liability claim can help accident victims seek compensation for their losses if design flaws, manufacturing defects, or inadequate warnings about the vehicle’s capabilities contributed to the crash.

The Software Developer

Some self-driving vehicles rely on software from outside vendors and developers. Companies that develop software algorithms for self-driving cars can be held liable if flaws in their software lead to an accident. These flaws include issues with object detection, navigation, decision-making, or system malfunctions.

An At-Fault Driver

Washington follows a traditional fault-based insurance system. In this system, careless drivers or their insurance providers can be responsible for compensating car wreck victims. In some situations, the human operator of the self-driving car might be liable, especially if the vehicle was in a mode requiring human intervention and the operator failed to take appropriate action before the crash.

Service Providers

Maintaining self-driving vehicles involves processes that are different from those involved in maintaining traditional cars. Service providers and maintenance professionals can bear liability for a crash if they fail to repair, address, or update self-driving vehicles and the failure leads to a collision.

It’s important to note that because the laws governing self-driving vehicles are still relatively new and frequently in flux, other parties may bear liability in the event of an accident.

Determining Liability in a Seattle Self-Driving Car Collision

Assigning liability in a Seattle collision involving an autonomous vehicle requires a level of investigation that goes much deeper than that required for an accident between two human-operated vehicles. This is where your case can significantly benefit from the knowledge, experience, and resources of a Seattle car accident lawyer. In addition to gathering physical evidence, your attorney must access and analyze the information contained within the self-driving car’s logging system. This system provides a wealth of valuable data about the vehicle’s operation in the moments prior to an accident, including whether a human operator or the self-driving system was controlling the vehicle’s operation at the time of the collision.

By evaluating data from the self-driving car, along with the accident report, your medical records, and physical evidence from the accident scene, your lawyer may be able to determine what caused the accident and identify all potentially liable parties.

What to Do if You’re Involved in an Collision with a Self-Driving Car

As in any vehicle crash, the actions you take following a collision can influence the outcome of any insurance claims or legal proceedings that ensue. Prioritize your own medical treatment, gather whatever evidence you can at the accident scene, and be mindful of what you say to law enforcement, the other driver, and insurance companies.

Since self-driving technology and state and federal regulations on autonomous vehicles are constantly evolving, your best option is to contact a knowledgeable car accident lawyer right away if you’ve been involved in a collision with an autonomous vehicle. Find an attorney who stays up to date on the regulatory environment and the latest developments in driverless vehicle technology. They can manage all facets of your insurance claim and protect your interests during negotiations with the insurance company as they work to recover compensation for your injuries and other losses.

Contact a Seattle Attorney Today

If you suffered injuries in a collision caused by a self-driving car, your health and financial stability may be in jeopardy. An experienced and resourceful personal injury attorney can manage the complex insurance claims process involved in pursuing the compensation you need to move on with your life. Contact our Tukwila-based team at Smith McBroom today to get started with a free consultation. We can review your case, discuss your legal options, and advise you on the best path forward.