What you will learn in this article:
- The term “self-driving” does not mean that a car is fully autonomous. A driver may still be required to take over driving tasks and remain engaged.
- Kentucky does not currently have any legislation in place concerning self-driving cars.
- The owner/operator of a self-driving car could still be held liable for an accident in some situations.
As technology advances, we are seeing numerous industries affected in interesting ways, and the transportation industry is no exception. Thanks to these advances, most vehicles today come equipped with some form of advanced driver assistance system (ADAS). According to the Insurance Information Institute, it is expected that there will be 3.5 million self-driving cars on the roads by 2025, and 4.5 million by 2030.
While these advanced driver systems are intended to make vehicles safer, this does not mean accidents won’t still happen. But this brings up a new issue: What happens when a car driving without a driver causes an accident? Who is at fault?
In this article, we will take a closer look at self-driving car accidents and how liability might work in these situations. If you have questions after reading and need assistance with a car accident claim in Kentucky, our team of experts at McCoy & Sparks is here to help.
What Causes Self-Driving Car Accidents?
Like any other accident, a self-driving car accident can happen for many reasons, such as speeding or failing to yield the right of way. That said, some causes are specifically related to autonomous vehicles that could cause accidents, which can include:
- ADAS malfunctions
- The vehicle failing to detect another car or object
- The automated braking system locking up or not activating in time
- The driver failing to pay attention and take over when required
- Over-reliance on autopilot or autonomous features
It’s important to note that not all self-driving cars mean the vehicle is fully autonomous. While we are getting closer to fully autonomous vehicles being more widely available, most self-driving cars still require a human driver to be present and ready to take over should something happen.
Autonomous Vehicle Legislation
The challenge when dealing with self-driving car accidents is that there have yet to be any clear and definitive laws passed for these types of vehicles. Just this year (April 2023), Kentucky legislators did attempt to enact a law relating to autonomous vehicles, but House Bill 135 was vetoed.
The NHTSA, which is responsible for regulating all motor vehicles, is working to update existing regulations and standards to include special considerations for autonomous vehicles, but as of yet, no new regulations have officially been mandated.
Part of the issues also arise from a misunderstanding of the terms autonomous or self-driving. As mentioned above, not all self-driving cars are fully autonomous, meaning the car is fully in control and does not require a driver to assist or take over. Most cars available today in the self-driving category are only partially autonomous, as such, this makes it difficult to blame an accident entirely on the vehicle itself.
To better understand the differences in the types of “self-driving” cars available, the NHTSA breaks automation down into six levels:
Level 0: The vehicle provides only momentary assistance and still requires a driver to operate the vehicle the majority of the time.
Level 1: The vehicle provides continuous assistance, such as braking or steering assistance, but there still needs to be a driver who remains fully engaged and attentive.
Level 2: The vehicle provides continuous assistance, such as braking assistance AND steering assistance, meaning it can do both at the same time. But again, a driver still needs to remain alert and fully engaged in the operation of the vehicle.
Level 3: The vehicle can perform various driving tasks, but the driver needs to be prepared to take over when prompted to do so.
Level 4: The vehicle is highly automated and can handle most of the driving tasks with few limitations. The vehicle occupants do not need to be engaged and can ride as passengers.
Level 5: The vehicle is responsible for all driving tasks without any limitations and the vehicle occupants do not need to be engaged.
Liability in Driverless Car Accidents: Is the Owner of the Car Liable for An Accident?
The challenge with determining liability in self-driving car accidents is understanding what driving tasks the vehicle was responsible for and what tasks the driver was responsible for, if any. As of now, most self-driving cars fall into Levels 0 through 3, meaning a driver still needs to be present and engaged. As such, it is likely that if an accident occurs, the owner/operator of the vehicle will be the one held responsible.
In other words, if you own a self-driving car that falls into levels 0-3 and are behind the wheel when the car fails to brake automatically, you as the driver can still be held liable if you did not take over and apply the brakes yourself.
With cars that fall into Levels 4 and 5, however, it may be possible to hold the vehicle manufacturer responsible if an error occurs as you are not required to be engaged as a driver. That said, most states have not passed laws allowing for Level 4 or 5 cars to be driven on the roads yet, including Kentucky.
Until very clear legislation is passed regarding self-driving cars, determining liability in these kinds of cases will remain tricky. However, if you are driving an autonomous or partially autonomous vehicle and an accident occurs, there is a chance that another party could be held responsible depending on what caused the accident.
Another driver could be at fault, for example, or even the repair shop if the accident resulted from an error made during maintenance. It is also possible that the manufacturer that designed a specific ADAS component for the vehicle could be held liable if there was a malfunction. In that same vein, the software developer who designed the advanced driver system could even be held responsible if they made an error that caused the vehicle’s ADAS to malfunction.
How Our Premier Personal Injury Attorneys in Central Kentucky Can Help
If you are involved in a self-driving car accident, the smartest choice to make is to consult an attorney who can help you investigate what happened and find the true party responsible. Self-driving car manufacturers will likely blame the driver and not their car, so you will need professional representation to ensure your rights are protected and you are not taken advantage of.
At McCoy & Sparks, our team of attorneys has years of experience handling challenging cases, including those involving self-driving car accidents. You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our Kentucky car accident attorneys today.