Table of contents
What is an autonomous vehicle?
California generally treats an autonomous vehicle as operating as Level 3, 4, or 5 as defined by SAE International and adopted by the NHTSA. Driving automation systems are often grouped by “levels” based on how much human involvement is needed:
- Level 0 – Momentary Driver Assistance: Driver is fully responsible for driving while the vehicle system provides momentary driving assistance, such as warnings or alerts.
- Level 1 – Driver Assistance: Driver is fully responsible for driving while the vehicle system provides continuous assistance with acceleration and braking or steering.
- Level 2 – Additional Driver Assistance: Driver is fully responsible for driving while the vehicle system provides continuous assistance with acceleration, braking, and steering.
- Level 3 – Conditional Automation: The system completely takes over driving, but the driver remains available to take over if the system cannot operate.
- Level 4 – High Automation: Human driver is not needed, and the vehicle can operate in limited service areas.
- Level 5 – Full Automation: Human driver is not needed, and the vehicle can operate on all roadways.
Common causes of autonomous vehicle accidents
Autonomous vehicle accidents can happen because of technology failures, human error, or a combination of both. This isn't always the case, but it's common. Some of the reasons these accidents occur include:
Overreliance on automation
One common issue in crashes involving driver-assistance systems is that drivers just don't pay attention the way they should. They might think the vehicle doesn’t require driver input, so they start daydreaming or paying attention to something else other than driving and other vehicles on the road. When this happens, accidents are much more likely to occur because most current driver-assistance systems are not designed to operate without human oversight.
Software and sensor failures
Autonomous vehicles may use a combination of cameras, radar, and LiDAR to build a picture of the environment around them. When any one of those systems fails, produces inaccurate data, or fails to detect an object correctly, the vehicle may make decisions that no reasonable driver would make.
Object detection errors, which are where the system misidentifies or completely misses another vehicle, a cyclist, or a pedestrian, have been a documented factor in several high-profile autonomous vehicle crashes.
Human error
Autonomous vehicles share the road with human drivers who do not always behave predictably. Speeding, distracted driving, and failure to follow traffic laws by other motorists can create situations that cause accidents, even when the autonomous vehicle and driver are being very careful.
Mechanical defects
The hardware is what enables the autonomous driving functions. Like any other component in the vehicle, the hardware can fail. Hardware problems, such as steering malfunctions or faults in the braking system, might override or undermine the software’s capacity to safely run the vehicle. In such situations, culpability could go beyond the driver to the manufacturer of the car, or the manufacturer of the particular component that malfunctioned.
Poor roadway or weather conditions
The best conditions for autonomous vehicle technology to work are clear, well-marked, predictable environments. Heavy rain, fog, construction zones, faded lane markings, and road debris can all diminish the performance of sensors and the system’s ability to make accurate decisions.
Who may be liable after an autonomous vehicle accident?
One of the legal difficulties with incidents involving autonomous vehicles is that liability doesn’t necessarily belong to a single person. Depending on the circumstances of the accident, there may be more than one liable party.
The vehicle driver
If a driver isn't looking at the road while using a driver-supervised system, missed a system notice to take over, or was otherwise inattentive when human judgment was needed, they might be mostly responsible for the outcome.
The vehicle manufacturer
If the car itself is faulty, the manufacturer may be held liable. This can manifest in many ways. The design may be faulty, making the automobile unsafe in certain situations. The manufacturing process may be flawed, affecting a particular automobile.
Or, the driver may not be appropriately warned about the limitations of the system, or safety systems may be defective and not work as expected. This type of product liability suit can be quite complex and usually has to be analyzed by experts.
The software developer
If there are software problems and/or a software defect that makes the car unsafe or not operate as it should, the software developer could be responsible for the crash.
Parts manufacturers
Autonomous vehicles depend on sensors, cameras, LiDAR systems, brake components, and a whole host of other components manufactured by third-party suppliers. When a related product is found to be defective and causes or contributes to an accident, the company that made it might be responsible.
Maintenance providers
If maintenance issues were the cause of the collision, a repair shop or maintenance service provider that did not do the proper repairs, failed to properly perform agreed software updates, or miscalibrated the sensors, might be liable.
Government entities
Sometimes the difficulty is the road itself. Dangerous conditions of public property can impact how an autonomous system perceives and reacts to its surroundings.
When a government entity is responsible for maintaining the road where a crash occurred, a claim against that entity may be possible. Though it is worth noting that claims against government agencies typically involve shorter notice deadlines than standard personal injury claims.
Other drivers on the road
Not every autonomous vehicle accident is caused by technology or has anything at all to do with the fact that an autonomous vehicle is involved. Sometimes, another driver on the road is liable, just like they are in a typical car accident case. This could be from speeding, driving under the influence, texting and driving, or violating another traffic law.
Does McNicholas & McNicholas have an autonomous accident lawyer near me?
Yes, we have lawyers who handle autonomous vehicle accident claims. You can schedule a free consultation by calling us or filling out our online contact form. Our office is in Los Angeles, and the address is 10866 Wilshire Blvd., Suite 1400. We also have offices in Santa Ana, Point Richmond and San Bernardino. If you’re unable to come into an office, we can set up a phone call or a Zoom meeting for your free consultation.
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