Self-driving cars are widely considered to be the next great innovation in automotive safety. The idea is that autonomous cars will prevent crashes and injuries by eliminating the No. 1 cause of car accidents — human error. But who’s to blame when a driverless car is involved in an accident? So far, the answer’s not clear.
Right now, there are no laws regarding liability that specifically address autonomous vehicles. That’s a problem because the U.S. has already recorded fatal self-driving car accidents in several states.
Below, the South Carolina car accident attorneys at Stewart Law Offices have outlined some of the complicated liability questions that have been raised regarding self-driving cars.
Understanding SAE Levels of Autonomous Driving in South Carolina
The Society of Automotive Engineers (SAE) classifies autonomous vehicle technology into six levels. In South Carolina, although there are no specific state laws, general traffic and negligence rules apply to all automation levels. Here is a breakdown of the SAE levels:
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Level 0 – No Automation
The driver is completely responsible for all driving tasks at all times. The vehicle may provide momentary warnings, alerts, or emergency interventions (such as automatic emergency braking), but the driver must monitor the road and control the vehicle continuously.
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Level 1 – Driver Assistance
The driver remains fully responsible for driving while the system offers continuous assistance with either steering OR acceleration/braking (but not both). The driver must constantly monitor the environment and be ready to take full control.
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Level 2 – Partial Automation
The driver is still fully responsible for driving while the system provides continuous assistance with both steering AND acceleration/braking simultaneously. The driver must actively supervise the vehicle and be prepared to intervene at any moment.
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Level 3 – Conditional Automation
The system can handle all aspects of driving under certain conditions, but the driver must remain available to take over immediately when requested by the vehicle. If the system detects that it can no longer operate safely, the driver must respond promptly.
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Level 4 – High Automation
When the system is engaged within its defined operational area (such as specific roads or weather conditions), it is fully responsible for all driving tasks. No human driver is needed to operate the vehicle in those conditions; passengers simply ride.
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Level 5 – Full Automation
The system is fully responsible for all driving tasks under all conditions and on all types of roads. No human driver is required at any time; the vehicle operates completely autonomously.
In South Carolina, liability in an autonomous vehicle accident typically relies on existing negligence, product liability, or vicarious liability rules, depending on who was in control and if a defect contributed. Consult a car accident attorney familiar with these technologies to determine responsibility and protect your rights after such an incident.
Questions of Fault In Driverless Car Crashes
In a conventional South Carolina car accident, liability usually falls upon the at-fault driver. That person’s insurance company would therefore be responsible for paying compensation to the accident victim for any injuries. But with driverless cars, questions of fault get complex.
At this time, no self-driving vehicles are fully automated. Instead, a backup driver sits inside and is able to take over if a crash is about to happen. The eventual goal is for the self-driving car to be fully in control, but that’s still years away, according to the National Highway Traffic Safety Administration (NHTSA).
When someone is hurt in a crash caused by a self-driving car, determining fault depends on the cause of the collision.
Driver error
Human error is responsible for 94 percent of car accidents. Was the backup driver paying attention when the crash occurred? Investigations into a recent self-driving car accident in Arizona found that the driver did not have his eyes on the road in the moments before the collision. If the operator of the self-driving car was not being careful, he or she could be held liable.
Vehicle Malfunction
Just like today’s cars, autonomous vehicles can still experience malfunctions that could cause accidents. If the backup driver was monitoring the vehicle carefully and the car breaks down for some reason (e.g., brake failure), the manufacturer of the autonomous car may be held responsible for the crash.
Design Defect
Autonomous cars have complex computer software, sensors, cameras, and other hardware that can control all aspects of the vehicle’s operation. Software bugs or other technological flaws that cause accidents could allow injured victims to sue the designers of the faulty technology.
Other Potentially Liable Parties
Keep in mind that there are other possible parties to blame in crashes involving self-driving cars. In accidents involving multiple vehicles, liability may need to be split among multiple drivers as well as the autonomous car’s driver and/or manufacturer.
Fault could also rest on a government entity if a failure to maintain the road or traffic signage contributed to the accident. Government liability may come into play if poor road conditions, inadequate signage, or faulty traffic control systems cause the self-driving vehicle to crash. For that reason, it will be critical to consult with a personal injury attorney who knows how to investigate complex car accident cases.
Demanding Compensation for Car Accident Victims
Stewart Law Offices represents car accident victims in South Carolina and North Carolina. Our Rock Hill personal injury attorneys are paying close attention to the development of self-driving cars and how that will impact our clients in the future.
Need help now? Call or contact our experienced attorneys today.