Automated and “self-driving” vehicle technology is no longer the stuff of science fiction; it’s on our roads right now. From advanced driver-assist features to fully autonomous test vehicles, this technology promises a future with fewer accidents. The National Highway Traffic Safety Administration (NHTSA) is actively developing a framework for automated vehicle safety, recognizing that 94% of serious crashes are tied to human error.
But what happens when the technology itself makes an error?
When a car with automated systems is involved in a crash, it creates a legal question that is set to define the future of personal injury law: Who is at fault? Is it the “driver” who was supposed to be supervising? The automaker who designed the software? The company that manufactured the sensors?
For a victim injured in one of these incidents, the answer is critical. This is a new and incredibly complex legal frontier, and you need a law firm that is prepared to navigate it.
The Shifting Lines of Responsibility
In a traditional car accident, establishing fault is usually a matter of proving driver negligence. With automated vehicles, the lines of responsibility blur.
- Human Driver Liability: For most of the technology on the road today (Levels 1-2 automation), the human driver is still required to be fully attentive and ready to take control at a moment’s notice. If a driver is texting or otherwise distracted while using a “driver-assist” system and causes a crash, they are still considered negligent.
- Manufacturer Liability (Product Liability): This is where the law is rapidly evolving. If an automated system fails to detect an obstacle, misinterprets a road sign, or makes a dangerous maneuver that a reasonable human driver would not, the fault may lie with the vehicle manufacturer, the software developer, or the maker of the sensors (like cameras and LiDAR). This becomes a complex product liability case.
- Third-Party Liability: An accident could even be caused by a third party, such as a hacker who gains control of the vehicle’s systems or a city that fails to maintain road infrastructure in a way that is compatible with automated technology.
These cases are incredibly data-intensive. They require a deep investigation into the vehicle’s electronic logs, which record every decision the automated system made. This is not a simple matter of getting a police report; it requires a team of legal and technical experts.
Building a Case in the Age of Automation
Whether the victim is a passenger, another driver, or a pedestrian struck by an autonomous vehicle, the legal strategy must be sophisticated and aggressive.
- Immediate Evidence Preservation: We move instantly to secure the vehicle’s data recorders before the information can be erased or overwritten. This is the single most important piece of evidence.
- Expert Collaboration: We work with leading experts in automotive technology and software engineering to analyze the data and determine precisely why the system failed.
- Navigating Corporate Shell Games: Large tech and auto companies will often try to blame each other—the car company blames the software company, who blames the sensor manufacturer. We have the resources to take on all of them and hold every responsible party accountable.
The injuries in these cases are often severe, and the legal questions are complex. In the tragic event of a fatality, a wrongful death claim requires a particularly deep and well-resourced investigation to prove fault.
The future of driving is here, and with it comes a new era of personal injury law. You need an attorney who is ready for that future.
If you or a loved one has been injured in an accident involving an automated or “self-driving” vehicle, contact Manoukian Law for a free and confidential consultation.
