As self-driving vehicles such as Teslas and Waymos become more common on public streets, there is no question that these vehicles will start to be involved in more accidents, whether through their defects or as a result of the negligence of other drivers on the streets. This begs the question: Who’s liable when a self-driving vehicle causes an accident? The short answer: it depends. In California, liability for accidents involving self-driving cars depends on several factors, including the vehicle’s ownership, operation, and defects (whether in the software or hardware of the vehicle.)
How is liability determined for self-driving vehicles?
It is well established that owners of vehicles are liable if a “person” negligently uses or operates their vehicle with express or implied permission, even if the owner is not at fault for the accident. (California Vehicle Code § 17150, Rashtian v. BRAC-BH, Inc. (1992) 9 Cal. App. 4th 1847.) This includes the owners of self-driving cars. For instance, if a self-driving car is being operated by a human driver at the time of the accident, the driver or the party who entrusted the vehicle to an incompetent or unfit driver may be found liable for negligent entrustment. But it gets more complicated when the self-driving car itself makes a bad decision and causes an accident.
How is liability determined for self-driving vehicles with defective performance?
Just like traditional vehicles that may have defective engines, brakes, tires, or other mechanical issues that can lead to accidents and injuries, self-driving vehicles with software glitches may cause accidents. In that case, the traditional principles of manufacturing or design defects would be applied, meaning the manufacturer could ultimately be left holding the bag. It is important to note, however, that as the owner or driver of a self-driving car, you may still be sued and have the finger pointed at you for not paying attention and taking action to avoid an accident, if you had the chance to do so. Further, if your vehicle is designated as “supervised self-driving”, you will likely be responsible for ensuring that your vehicle operates safely and that you immediately take control if anything unusual occurs. In the event your supervised self-driving vehicle misbehaves, the manufacturer may still bear some liability to the extent you are not able to control it and/or the behavior is completely unexpected and out of the ordinary.
How are manufacturers being held accountable?
The State of California Legislature has also taken a look at self-driving vehicles and has started enacting laws to ensure self-driving vehicle manufacturers are held accountable if their vehicles are defective. Manufacturers of autonomous vehicles may be held liable under California Vehicle Code § 38750 and related regulations if the accident arises from a defect in the vehicle's autonomous systems. For example, manufacturers are required to maintain financial responsibility, such as insurance or surety bonds, to cover damages resulting from collisions involving their autonomous vehicles. (Vehicle Code § 228.04 and § 227.10.) Furthermore, under Vehicle Code § 24011.5, manufacturers cannot mislead consumers about the capabilities of partial driving automation features, and compliance with this section does not limit their liability for negligence or product defects.
What legal updates can we expect?
Because self-driving cars are brand new, there will be plenty of litigation coming in the next few years, and the courts will be faced with novel concepts and the application of potentially antiquated laws to brand new issues. It will certainly be an exciting time for technology fans, whether good or bad. Because each case is different and involves unique determinations, it is important that if you are involved in an accident with a self-driving car – whether as a driver, passenger, pedestrian, or otherwise – you seek legal advice right away. JRG Attorneys at Law has decades of experience with automobile accidents and defects, and we are happy to help you if you ever need assistance with personal injuries from an automobile accident, whether involving traditional vehicles or self-driving vehicles. Give us a call at (831) 228-5619 to discuss your needs. ¡Hablamos español!
About the Author
Craig Cox is a partner and litigation attorney at JRG Attorneys at Law.