Exploring Liability in Autonomous Vehicle Accidents: Who’s Responsible When Self-Driving Cars Fail?

December 12, 2024
by Lyons Davidson

Autonomous/self-driving vehicles are set to be on roads by 2026, according to a report by the UK Department for Transport, Centre for Connected and Autonomous Vehicles. This is also following the passing of the Automated Vehicles (AV) Act in May of 2024 and is regarded as a move that will revolutionise the travel sector, increase road safety and unlock opportunities for those who currently can’t drive. This is a remarkable development but it is worth thinking about what would happen if the self-driving capabilities of a vehicle fail.

According to Forbes, autonomous vehicles operate using technologies such as cameras, radar, GPS and LIDAR (Light Detection and Ranging) to sense conditions around them including traffic, road hazards and pedestrians while partially or wholly replacing the human driver. The ability of a vehicle to navigate itself while avoiding road obstacles and other road users poses legal issues that the courts and legal professionals must begin to consider.

The Society of Automotive Engineers have developed a global standard for classifying self-driving vehicles.

Level 0 is the standard for vehicles entirely dependent on human supervision.

Level 1 consists of basic automation, like adaptive cruise control but with driver assistance.

Level 2 classifies vehicles managing both steering and acceleration, albeit under human supervision.

Level 3 vehicles are capable of almost all driving tasks under certain requirements but require human intervention when those requirements are not satisfied.

Level 4 vehicles can execute all driving tasks in specific conditions without human intervention.

Level 5, the ultimate automated vehicle requires no human intervention whatsoever.

It is important to note that as the number of self-driving cars on our roadways increases, the number of accidents involving these vehicles will increase as well, which raises the question of liability where an autonomous vehicle causes an accident. Does the responsibility rest on the car’s manufacturer, the software developer, or the owner who neglected to update their car software? What happens if the software update is in itself defective?

These issues will necessitate a level of scrutiny that has never before existed in road traffic accidents and will affect the apportionment of liability to every stakeholder involved.

Potential forms of Liability in an Autonomous Vehicle Accident

Manufacturers Liability: Manufacturers may be held liable where the driver cedes all control of the vehicle to automated systems.

A manufacturer will be liable in the following instances:

Sensor malfunction: Self-driving cars are equipped with sensors that are responsible for detecting obstacles and pedestrians. A manufacturer may be liable for an accident that occurs because of a self-driving car’s sensor malfunction.
Software glitch: You may be able to sue a self-driving car’s manufacturer if your collision happened as a result of a software glitch. For instance, in 2016, Google reported that one of its self-driving vehicles struck a bus in Mountain View, California. According to the report, a self-driving Lexus RX450h sought to get around some sandbags when it struck a bus while re-entering the center of the lane. Google stated that they clearly bear some responsibility but have since refined their software to better handle such situations in the future.
Inadequate Cybersecurity Measures: Self-driving cars have connectivity features that allow them to communicate with other vehicles and infrastructure systems. If your crash happened because a self-driving car was not equipped with adequate cybersecurity components, then you may sue the vehicle’s manufacturer.
Inadequate Testing: manufacturers could also be held liable if they fail to adequately test their vehicles or provide necessary updates to the car’s software, resulting in unsafe operating conditions.

Third-party company liability: Liability could extend to third-party companies that develop software or provide data essential for the autonomous vehicle where a software glitch or outdated mapping data leads to an accident.
Service Providers: Liability can be on network providers as self-driving vehicles typically rely on network connectivity for real-time data and updates. If a car accident occurred due to a failure in the network provided by a telecommunications company, these entities could be held accountable. Liability can also be on Component makers since self-driving cars incorporate parts and components from a range of third-party suppliers like tyre makers and sensor manufacturers, etc. If a defective component contributed to an autonomous driving system failure and subsequent collision, the component maker could be a defendant in an injury lawsuit.

Also, full or partial liability may be placed on third parties such as other drivers or government entities in charge of maintaining roadways.

Driver’s liability: the driver can be held liable where vehicles require human control in an emergency or other situations. Where the vehicle requires specific service or maintenance to run optimally, there is negligence in this regard, the driver of such an autonomous vehicle may be held liable for causing an accident. It is worth noting that once a driver takes their vehicle off of auto-pilot, they are likely to be fully responsible for any accidents that occur thereafter.

What to Do If You Are Involved In a Car Accident With an Autonomous Vehicle

Get medical attention: Assess yourself and any others involved for injuries.
Document the accident scene: gather as much information as possible at the scene of the accident
Identify the vehicle: record the make, model, and license plate number of the autonomous car.
Get a copy of the police report: get the names and badge numbers of the officers who responded to the scene. Police reports will be valuable evidence when filing car accident claims.
Contact a Road Traffic Accident Lawyer: It can be challenging to identify liable parties and pursue compensation in self-driving car accident cases. It is recommended that you contact a personal injury lawyer with experience in handling related cases for assistance.

Evidence that can be used to Prove a Private Injury Claim in an Autonomous Car Accident

Data from the Autonomous Vehicle: self-driving cars are equipped with technologies that collect data such as the vehicle’s speed, direction, braking patterns, and responses to certain events during operation. Such data can be used to provide insights into the failures of a self-driving system
Event Data Recorder (EDR) Information: some self-driving cars are equipped with event data recorders that capture crucial information leading up to and during an accident such as vehicle speed, throttle position, steering angles, and engagement of safety system. Retrieving this information can help reconstruct the events leading to the crash
Eyewitness Testimony: Eyewitness testimony can be very helpful when seeking to establish fault for your self-driving car accident.
Expert Witness Testimony: Expert witness testimony can also help establish fault for a self-driving car accident.
Photos from scene
Surveillance Footage

How would this affect existing personal injury laws on liability

In traditional motor vehicle accidents, liability usually rests on one or both drivers, however with autonomous vehicles, the focus can sometimes shift from driver negligence to product liability.

It is important to highlight that, even in incidents where autonomous vehicle technology is identified as a contributing factor to a collision, liability does not automatically fall on the manufacturer or developer. As with any personal injury claim, the injured party and their legal representatives must establish a compelling case, demonstrating liability and negligence on the balance of probabilities. In cases involving self-driving car manufacturers, this may require detailed technical forensic analysis and expert witness testimony to substantiate the existence of a defect and its direct causation of the accident.

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