Self-driving cars have introduced unprecedented complications in determining liability and fault in accidents. Do self-driving cars have insurance? Who can you technically blame when a self-driving vehicle causes an accident? These and many other questions are at the top of drivers’ minds when they share the road with autonomous vehicles.
Because these accident cases are complex and nuanced, working with a skilled self-driving car accident lawyer in New York is key to determining accident liability and pursuing compensation.
How Self-Driving Cars Can Cause Accidents
More and more vehicles are being produced with automated driving systems that take over different levels of driver controls for users. Level 5 autonomous cars are capable of full automation without human intervention in all road conditions and weather scenarios. These cars are not commercially available; when you hear of “self-driving cars,” this generally refers to Level 4, 3, or 2 vehicles that have certain autonomous capabilities.
A study conducted by Waymo found that its Level 4 vehicles had 80% to 90% fewer accidents after traveling 56.7 million miles across four U.S. cities. This included 90% fewer serious injury crashes, 81% fewer injury-causing crashes, and 82% fewer airbag deployment crashes.
Despite this data, self-driving vehicles and cars with some level of autonomous driving abilities do still cause crashes. Some reports estimate approximately 9.1 self-driving car accidents for every million miles driven.
Self-driving cars can cause accidents in a range of scenarios:
- False sense of security: Drivers behind the wheel of a semi-autonomous vehicle might act more passively because they believe the car will automate more tasks than it is capable of doing.
- Malfunctions: Like any technology, self-driving vehicles can malfunction. Their sensors might fail to detect objects in the surroundings, or the automated braking might fail to deploy at the right moment.
- Weather conditions: Self-driving vehicles are often not rated to safely operate in adverse weather conditions.
New York’s No-Fault Insurance Laws
Before you start assessing liability in autonomous vehicle accidents, it is important to understand New York’s no-fault insurance laws.
When multiple parties are involved in a car accident in New York, each party generally submits a claim through their own personal injury protection (PIP) insurance rather than through the at-fault party’s insurance. This means that in many self-driving car accidents involving minor injuries, determining the liable party may not be necessary, as you would not make a claim against that party anyway.
However, if your accident meets New York’s “serious injury” threshold or if your basic economic losses are more than $50,000, you may be able to pursue a case against the at-fault party. You will need to do so within the car accident statute of limitations, which is generally three years from the accident date. However, this can be much sooner in certain cases. Speak with a car accident lawyer in New York about this process.
Who Is Technically Liable in a Self-Driving Car Accident?
If the self-driving vehicle is found to be at fault in the car accident, whom can you pursue legal action against? Your self-driving car accident lawyer will trace back potentially liable parties, which may include:
- The vehicle manufacturer
- The software company
- The driver behind the wheel
- The vehicle’s maintenance provider
Your attorney will examine how the accident happened and where negligence may have been at play to pinpoint the liable party or parties.
Request Legal Guidance From a Self-Driving Car Accident Lawyer in NY
Auto accidents involving self-driving vehicles can be nuanced. If you need representation in recovering damages after a car accident involving a self-driving car or exploring your legal options, the Wohlgemuth Law Firm PLLC can provide guidance and support.
Speak with a self-driving car accident lawyer today by calling 718-474-9100.
Frequently Asked Questions
Can you pursue a product liability claim after a self-driving car accident?
You may be able to pursue a product liability claim after a self-driving accident if the accident was caused by a defective or faulty product, such as a malfunctioning sensor in the vehicle.
How do you prove negligence in motor vehicle accidents involving self-driving cars?
You and your auto accident attorney can prove negligence in a self-driving car accident through photos and videos of the accident, data recovered from the vehicle, and evidence of the malfunction that led to the accident.
Who pays for self-driving car accidents in New York?
Each party’s personal injury protection (PIP) insurance generally pays for medical expenses after a self-driving car accident in New York, but accidents that meet the serious injury threshold may warrant claims against the at-fault party. Speak with a car accident lawyer in New York for more information.
