Self Driving Cars and Personal Injury

Recent innovations have presented a new challenge in personal injury cases: self-driving cars. Defined by cars’ ability to drive themselves with a passenger inside who is not paying attention or manually operating the vehicle.The introduction of self-driving vehicles means that technology can be at fault for an accident that results in serious injury or death. Ironically, the introduction of autonomous vehicles is actually safety-based, as 94% of all car crashes happen due to driver error. But, the debate over whether the error will lay with the human driver or the car’s operating system is determined on a state by state basis at the moment.

Current Self Driving Cars on the Road

There are more self driving cars than you may think on the road. In addition to the famous Tesla which has forged the way in self driving innovation, other popular car models have self-driving features. Car brands that have recently introduced self-driving features including lane-centering steering, cruise control down to a stop, and adaptive cruise control include famous manufacturers like Acura, Audi, Chevrolet, and Maserati.

Additionally, there are a number of cars that actually have hands-free steering like Tesla’s 2019 3, S, and X models. These include:

-2019 BMW 3 series, 8 series, X5, and X7 (at lower speeds only)

-2019 Cadillac CT6

It’s important to know which cars have self-driving features (especially hands-free steering) so that you can look out for them when you’re on the road. Lane-centering steering is less dangerous, as it just refers to the auto mechanism that keeps a car in the center of the lane when it starts to veer out of the lane.

Adaptive cruise control down to a stop keeps the car at the same speed until it reaches a reason to stop or slow down, such as slower moving traffic or a stop sign. This can be a bit more dangerous if the car’s operating system fails to recognize that the car needs to stop or slow down. It can easily run into something at the speed of cruise control.

Determining Fault with Self-Driving Cars

As we look towards the future of self-driving innovation, in which cars will only become more autonomous, there’s an issue in determining fault. After all, cars are computers. They cannot get drunk, distracted, or fatigued while driving. The standard causes of negligent driving that affect human drivers are out of the picture.

However, human errors can still factor in. In 2018 in Tempe, a human death occurred by collision with a self-driving car, which spurred a nationwide debate about where faults lie in autonomous car accidents. The driver of the autonomous vehicle, Rafaela Vasquez, was entirely depending on the car’s operating system and was watching a YouTube video on her phone at the time of the accident. If she did have control over the car at that time she would have seen the victim who biked in front of the vehicle.

Ultimately, it was determined that the accident happened as a result of Vasquez’s complacency and the car’s poor technical judgment. Reports state that the victim was only detected 5.6 seconds before the crash, but it did not signal that the detected object was a human nor where they were going.

Understanding Self-Driving Cars in the Scope of Personal Injury

Nissan and Tesla have never blatantly said that their cars can drive themselves because of liability issues. At a national level, there hasn’t been a unified effort to define who is at fault in the case of a collision with a self-driving car. So instead, the states themselves have decided. California and Arizona have both approved autonomous vehicles on the road and are encouraging the ability to test the technology.

Many states recognize the human aspect of self-driving cars. Humans are still in the driver’s seat, still retain control of the car, and must be present within the car for the car to operate independently. In this case, these states believe that an accident involving a self-driving vehicle would be the fault of the person inside the car. For example, in Florida, autonomous vehicles were legalized in 2012 with little mention of fault or liability in the case of an accident. However, laws regarding the operation of vehicles hold that drivers must use reasonable care when behind the wheel, and that if they do not, they will be held liable for damages.

Michigan, however, is one of the states that has determined that the operating system in autonomous vehicles acts as the “human” or the “driver.” In this case, if you were to be hit by a self-driving car in Michigan, the proper legal recourse would be to sue the manufacturer for personal injury, as the ‘operating system’ was at fault for the accident.

What to Do in the Case of a Self-Driving Car Accident

If you happen to have an accident with a self-driving car, hiring a personal injury attorney should be your next step. Dennis Hernandez and his team of personal injury lawyers can fight to get you the compensation you deserve. Call Dennis Hernandez & Associates today for a free consultation at (855)-LAW-DENNIS.

Depending on the state the accident happened in, the lawsuit may take several different courses. Determining the chief cause of the crash will come down to the technology, data from the operating system, witness testimonies, and an investigation into how human error played a role (if at all). From there, it will be determined whether the car manufacturer is at fault, or if the human driver who was present in the autonomous vehicle will be at fault.

A car manufacturer will be at fault if the technology defaulted and was determined to be the sole cause of the accident. Because of the different caveats associated with autonomous vehicles and their current debate, it’s important to have a strong legal team supporting you as you navigate what to do next.

About Dennis Hernandez

Dennis started practicing law at just 23 years old. He obtained his undergraduate degree from Duke University and continued to earn law degrees from Florida State University College of Law and Harvard Law School. Blessed with multiple associations, memberships and awards, Dennis graduated from the Trial Lawyers College. Mr. Hernandez is one of only 1,378 attorneys who claim this distinction. In 1996, he founded firm Dennis Hernandez & Associates, P.A., which concentrates in the areas of personal injury, medical malpractice and product liability. Dennis is admitted to practice law in all State of Florida courts, The Supreme Court of the United States, U.S. Court of Appeals for the Eleventh District, U.S. District Court for the Middle District of Florida, and the U.S. District Court for the Southern District of Florida. Dennis can be reached via LinkedIn, Twitter, or at 855-LAW-DENNIS.