Determining Liability in a Self-Driving Car Crash

Determining Liability in a Self-Driving Car Crash

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A collision on a South Carolina highway can disrupt your life in an instant. You are left dealing with physical pain, mounting medical expenses, and the stress of a damaged vehicle. These challenges are amplified when the vehicle that caused the crash was operating on its own. As autonomous vehicle technology becomes more common on roads in Columbia, Charleston, and across the state, accident victims are faced with a complex question: when a self-driving car causes a crash, who is truly at fault?

The answer is rarely simple. It involves a web of manufacturers, software engineers, and vehicle owners, extending far beyond the traditional notion of a negligent driver.

What Are the Different Levels of Self-Driving Technology?

The term “self-driving” covers a broad spectrum of automation. The Society of Automotive Engineers (SAE) has established a widely accepted classification system with six levels to define a vehicle’s capabilities. Knowing the level of automation of the vehicle involved in your crash is a vital first step in the liability investigation.

  • Level 0: No Driving Automation. The human driver is responsible for everything: steering, braking, accelerating, and monitoring the environment. This includes vehicles with basic safety features like backup cameras or blind-spot warnings.
  • Level 1: Driver Assistance. The vehicle features a single automated system that assists the driver, such as adaptive cruise control (which maintains a set distance from the car ahead) or lane-keeping assist. The human driver is still in full control and must monitor all other aspects of driving.
  • Level 2: Partial Driving Automation. The vehicle can control both steering and acceleration/deceleration simultaneously under certain conditions. This is the most common level of automation available today, often marketed as “Autopilot” or “Super Cruise.” However, the human driver must remain fully engaged, keep their hands on the wheel, and be prepared to take over at any moment.
  • Level 3: Conditional Driving Automation. At this level, the vehicle can handle all aspects of driving under specific conditions, allowing the driver to take their eyes off the road. The system will prompt the human to take back control when its operational limits are reached. The driver must be ready to intervene when requested.
  • Level 4: High Driving Automation. The vehicle can perform all driving functions and monitor the environment on its own within a specific, limited area or set of conditions (a concept known as “geofencing”). In these designated areas, it does not require a human to take over, but it may not be operable outside of them.
  • Level 5: Full Driving Automation. This is a fully autonomous vehicle that can operate on any road and under any conditions that a human driver could. It requires no human attention or intervention whatsoever. These vehicles may not even have a steering wheel or pedals.

Liability can shift dramatically depending on whether the vehicle was a Level 2 system that required driver oversight or a Level 4 system operating within its designated zone.

Who Are the Potential Parties in a Self-Driving Car Crash Claim?

Unlike a typical car wreck, where fault often lies with one or both drivers, an accident involving an autonomous vehicle (AV) can have multiple responsible parties. A thorough investigation may reveal that liability rests with one or more of the following:

  • The “Driver” or Operator: For vehicles at Levels 1-3, the human in the driver’s seat still has a significant degree of responsibility. If they were not paying attention, failed to intervene when the system malfunctioned, or used the technology outside its intended parameters, they could be held partially or fully liable.
  • The Vehicle Owner: The owner of the AV may be held responsible if they failed to properly maintain the vehicle, ignored software update notifications, or made unauthorized modifications to the car’s systems.
  • The Automobile Manufacturer: The company that designed and built the car could be liable under product liability laws if the crash was caused by a defect in the vehicle’s design or assembly.
  • The Software Developer: The sophisticated software and artificial intelligence are the brains of the operation. If a coding error, a flaw in the decision-making algorithm, or a glitch in the software caused the collision, the technology company that developed it could be at fault.
  • The Parts Manufacturer: Self-driving cars rely on a complex network of sensors, cameras, LiDAR, and processors. If one of these essential components was defective and failed, leading to the crash, the manufacturer of that specific part could be held liable.
  • A Government Entity: In some cases, a city or state government could bear some responsibility if the accident was caused by poorly maintained roads, missing signage, or other infrastructure issues that the AV’s system was not equipped to handle.

Can Product Liability Law Apply to a Driverless Car Collision?

Since the technology itself may be at fault, many self-driving car accident claims fall under the umbrella of product liability law. This area of law holds manufacturers and sellers responsible for placing defective products into the hands of consumers. There are three main types of defects that could apply:

  • Design Defects: This occurs when the product’s design is inherently dangerous or flawed. In an AV case, this could mean the algorithm that controls the car’s decisions is programmed in a way that makes it unable to recognize certain obstacles, like a pedestrian crossing outside of a crosswalk, or misinterprets the actions of other drivers.
  • Manufacturing Defects: This type of defect happens during the production or assembly process. For example, a sensor could have been installed improperly on the assembly line, or a critical wiring connection could be faulty, preventing the system from receiving the data it needs to operate safely.
  • Failure to Warn (or Marketing Defects): This applies when the manufacturer fails to provide adequate instructions or warnings about the product’s proper use and limitations. If a car company overstates its vehicle’s “self-driving” capabilities, leading a driver to become complacent and pay less attention than is required for a Level 2 system, the company could be held liable for its misleading marketing.

Pursuing a product liability claim against a massive automotive or tech company is a formidable task that requires substantial legal and financial resources.

What Kind of Evidence Is Needed to Prove Fault?

Gathering evidence after a crash with an autonomous vehicle is far more complicated than in a standard accident. While photos of the scene and traditional witness statements are still valuable, the most compelling evidence is often digital. Key pieces of evidence include:

  • Event Data Recorder (EDR) or “Black Box”: Nearly all modern vehicles have an EDR that records data in the moments before, during, and after a crash. In an AV, this data is even more extensive. It can show which systems were active, whether the human driver was holding the steering wheel, and what actions the vehicle’s computer took.
  • Sensor and Telemetry Data: The vehicle constantly collects a massive amount of information from its cameras, LiDAR, radar, and other sensors. This data provides a detailed, 360-degree view of the environment leading up to the crash and can reveal exactly what the car “saw” and how it reacted.
  • Software Logs and Updates: The vehicle’s software logs can show if any errors or glitches occurred. It is also important to determine which version of the software the car was running and whether the owner had installed the latest safety updates.
  • Manufacturer Data: The manufacturer often has access to vast amounts of data from the vehicle, which may be stored remotely. Gaining access to this proprietary information is often a significant legal battle.
  • Expert Witness Analysis: Specialists in accident reconstruction, software engineering, and artificial intelligence are often needed to interpret the complex digital evidence and explain to a judge and jury how the technology failed.

What Steps Should You Take Immediately After a Crash with an AV?

The actions you take in the minutes and hours after being hit by a self-driving vehicle can have a major impact on your ability to recover fair compensation.

  • Ensure Everyone’s Safety: Check on yourself and your passengers. If you can do so safely, move your vehicle out of the flow of traffic.
  • Call 911: Report the accident to the police and request medical assistance for anyone who is injured. A formal police report creates an official record of the incident.
  • Seek Medical Attention: Even if you feel fine, it is vital to get a thorough medical evaluation. Some serious injuries, like whiplash or internal bleeding, may not show immediate symptoms.
  • Document the Vehicle: Take clear photos and videos of the other car from every angle. Be sure to capture its make, model, license plate, and any specific branding that identifies it as an autonomous or semi-autonomous vehicle (e.g., Waymo, Cruise, Tesla).
  • Gather Information: Exchange contact and insurance information with the person in the other vehicle’s driver’s seat. Get the names and contact details of any eyewitnesses.
  • Take Notes: As soon as you are able, write down everything you remember about the accident. Note the exact location, the weather conditions, and specifically what the other car was doing. Did it swerve suddenly? Did it fail to stop? Was the person in the driver’s seat looking at their phone?
  • Do Not Give a Recorded Statement: The at-fault party’s insurance company (or the manufacturer’s representatives) will likely contact you quickly. Be polite, but decline to give a recorded statement until you have spoken with an attorney.
  • Contact an Experienced Car Accident Attorney: The legal issues in a self-driving car case are extraordinarily complex. You need a legal advocate who can immediately begin the process of preserving critical digital evidence before it is lost or overwritten.

Contact Peake & Fowler for Skilled Legal Guidance

If you or a loved one has been injured in a collision with a self-driving or semi-autonomous vehicle in South Carolina, do not attempt to face the powerful auto and tech companies alone. The legal team at Peake & Fowler has the knowledge and resources to conduct a comprehensive investigation, untangle the complex web of liability, and fight for the full compensation you deserve. We are prepared to stand up for your rights and hold negligent manufacturers and developers accountable.

To discuss your case and explore your legal options, contact our office for a consultation. Call us at 803-788-4370 or complete our online contact form to get started.