Autonomous and Semi-Autonomous Vehicle Crashes: Who's Liable When the Software Fails?

Vehicle technology is constantly changing and becoming more complex over the years. With the rise of self-driving vehicles, many individuals are moving towards a completely hands-free lifestyle. However, with this efficiency in driving also comes additional dangers and challenges. Understanding autonomous and semi-autonomous vehicle crashes and who may be held liable for injuries is crucial to maintaining your safety behind the wheel. 

Autonomous vs. Semi-Autonomous Vehicles

Semi-autonomous vehicles assist the driver with certain driving tasks while still requiring the driver to remain attentive and prepared to take control at any time. Common features may include but are not limited to the following. 

  • Adaptive cruise control
  • Lane-centering assistance
  • Automatic parking
  • Collision avoidance systems
  • Traffic jam assistance

On the other hand, autonomous vehicles, sometimes referred to as self-driving vehicles, are designed to perform more or all driving functions under specific operating conditions with limited or no human contact.

What Causes a Crash?

Modern vehicles rely on a combination of cameras, radar, lidar, GPS, sensors, and complex software to interpret their surroundings. If any part of that system malfunctions, the vehicle may react unexpectedly. Examples of this may include:

  • Failure to detect another vehicle
  • Incorrect recognition of road markings
  • Sudden unnecessary braking
  • Failure to brake when required
  • Incorrect steering inputs
  • Sensor failures caused by weather or debris
  • Software updates introducing unexpected errors

Who is Responsible for an Accident

Traditional automobile accidents often focus on whether one driver acted negligently. Autonomous and semi-autonomous vehicle crashes can be more complicated because several different parties may potentially share responsibility depending on the facts and the specific circumstances of the case. 

Potentially responsible parties may include but are not limited to the following. 

Vehicle Driver

Many vehicles require drivers to remain alert and capable of taking over immediately. If a driver ignores warnings, becomes distracted, or misuses the technology, their actions may be considered when determining who may be responsible for the crash.

Vehicle Manufacturer

Manufacturers may become involved when allegations involve:

  • Defective vehicle design
  • Manufacturing defects
  • Inadequate safety testing
  • Failure to warn consumers about system limitations
  • Defective hardware components

Whether a manufacturer is legally responsible depends on the specific facts and applicable product liability laws.

Software Developers

If software programming errors contribute to unsafe vehicle behavior, investigators may evaluate whether software design, validation, or implementation played a role in the incident.

Component Manufacturers

Autonomous systems depend upon numerous individual components, including:

  • Cameras
  • Radar systems
  • Lidar sensors
  • GPS hardware
  • Electronic control modules
  • Steering and braking systems

Maintenance Providers

Some advanced safety systems require calibration after repairs, windshield replacements, suspension work, or collision damage. Improper calibration may affect how cameras and sensors operate, making maintenance records an important part of the investigation.

Product Liability Laws

When a software failure or defective vehicle component contributes to an accident, product liability laws may become relevant. Unlike ordinary negligence claims, product liability cases often require technical evidence regarding the following. 

  • Vehicle engineering
  • Software functionality
  • System warnings
  • Electronic data
  • Testing procedures
  • Design standards

Electronic Evidence

Depending on the vehicle, investigators may review:

  • Speed
  • Steering inputs
  • Braking activity
  • Driver assistance activation
  • Sensor performance
  • Driver override actions
  • Vehicle diagnostics
  • Event data recorder information

This electronic evidence can help determine what occurred before and after the vehicle collision. 

Additional Challenges

Autonomous vehicle crashes often involve significantly more evidence than a typical automobile accident. As a result, investigators may need to examine the following when determining who is potentially responsible for a crash. 

  • Vehicle software logs
  • Event data recorder downloads
  • Sensor data
  • Camera footage
  • Vehicle maintenance records
  • Software update history
  • Manufacturer technical documentation
  • Crash reconstruction analysis

Determining exactly why an automated system behaved as it did may require reviewing many pages of technical information.

Personal Injury Attorney

A qualified personal injury attorney may help those who have been involved in an accident with an autonomous or semi-autonomous vehicle. Oftentimes, these types of collisions pose severe challenges and difficulties for all parties involved. Determining liability also becomes challenging as extensive evidence and documentation must be preserved ahead of time. This is why legal guidance can help victims feel at peace during this difficult time. 

How KAASS LAW Can Help

Autonomous and semi-autonomous vehicle accidents can present various types of legal and insurance issues for victims and their loved ones. Oftentimes, questions involving the vehicle's software and data may raise products liability concerns. The legal team at KAASS LAW understands the challenges that individuals may face after being involved in an autonomous or semi-autonomous vehicle crash. We can help determine potentially liable parties, speak to insurance companies, and help individuals understand their rights under California laws. Call KAASS LAW today to learn more. 

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