The promise of self-driving cars is that eliminating human error will make traveling safer. Self-driving cars should provide more personal freedom for people who can’t drive due to blindness, age, or other disabilities. While newer vehicles offer driver assistance features such as blind spot warnings, fully self-driving cars are not a reality yet. However, many believe that fully automated motor vehicles and self-driving car crashes will be a part of our future.
This summer, Kentucky lawmakers authorized the testing and deployment of self-driving vehicles, also known as autonomous vehicles. House Bill 7 directs the state to establish a regulatory framework for the operation of fully autonomous vehicles on Kentucky highways. The new law says owners of fully autonomous vehicles will be considered the vehicle’s operator for the purpose of assessing compliance with traffic or motor vehicle laws and that owners of fully autonomous vehicles will be required to maintain at least $1 million worth of insurance for death or bodily injury caused by a self-driving car accident.
The reality of self-driving car accidents and the legal complexities involved mean that you’ll need to talk to an experienced personal injury lawyer as soon as possible if you have been injured. At Morgan, Collins, Yeast & Salyer, our Kentucky car accident lawyers are keeping up with the legal landscape regarding self-driving car accidents and will be ready to advise you of your legal options for seeking fair compensation.
What’s New in Self-Driving Car Technology?
While there are no fully autonomous vehicles available to the public right now, several manufacturers have been making advances in the field as of mid-2024. “Some vehicles have advanced driver-assistance features that make them close to being able to drive themselves,” U.S. News & World Report says.
In 2018, Waymo, a division of Google, announced that it would partner with Jaguar to make self-driving cars available by 2020. But since rolling out its first driverless vehicles in 2021, Waymo has suffered setbacks.
As Investopedia reports, in 2023, Waymo put its driverless trucks division on hold, and in early 2024, Waymo recalled 444 autonomous vehicles after two minor collisions in Arizona. In May 2024, the National Highway Traffic Safety Administration (NHTSA) opened an investigation into Waymo’s self-driving vehicles after its robotaxis exhibited “driving behavior that potentially violated traffic safety laws.”
Waymo’s self-driving taxis were operated by the Society of Automotive Engineers (SAE) Level 4 automation, which means that under certain conditions, the car can drive itself and will not require a human user. As of mid-2024, no manufacturer has produced autonomous vehicle technology with full autonomy under all conditions (SAE Level 5).
Mercedes-Benz says its DRIVE PILOT autonomous driving technology is the first for sale in the U.S. to achieve SAE Level 3 certification. At Level 3, the automated system takes over certain driving tasks but a human driver must be ready to take control of the vehicle at any time it is prompted to do so by the vehicle.
The Insurance Institute for Highway Safety (IIHS) says, “More vehicles are incorporating a degree of automation with technologies such as adaptive cruise control and lane centering, but the driver will continue to share driving responsibilities for the foreseeable future.
Potential Parties Liable in Self-Driving Car Accidents
When self-driving cars become a reality, there will be autonomous vehicle accidents and injury victims. No technology is flawless. You will need the help of an experienced personal injury attorney to evaluate your car accident, guide you through the legal process, and help you demand maximum compensation.
As stated above, there will be multiple parties to investigate and potentially hold liable if a fully automated, driverless car causes an accident that injures you:
- The Self-Driving Car Manufacturer: When a manufacturer produces a vehicle that it knew or should have known was dangerous, and a consumer is injured, the manufacturer may be held financially liable. This is known as strict liability. A product liability claim might focus on flaws in the design or manufacturing of a vehicle’s self-driving technology software or hardware if it can be shown that led to a crash.
- The Pilot in the Self-Driving Car: The automation available today and soon to be on Kentucky highways requires an attentive driver to assume immediate control of a self-driving vehicle at any time. A driver who fails to intervene when necessary due to distracted driving, intoxication, or fatigue should be held liable for injuries in a subsequent accident.
- Other Drivers on the Road: If or when self-driving cars become a reality, they won’t always be the sole cause of accidents. Drivers of nonautomated vehicles will still speed, tailgate, drive recklessly, and cause or contribute to car accidents. When multiple parties have contributed to a car accident, Kentucky’s doctrine of comparative negligence says a jury award for the plaintiff in a claim will be reduced according to their responsibility for the accident. The award may be reduced in proportion to the accident victim’s share of fault. However, a plaintiff in Kentucky with serious injuries may recover some amount of damages as long as they were not 100% at fault for their accident or injuries.
- Other Potentially Liable Parties: Sometimes, car accident claims may be pursued because a poorly maintained road contributed to an accident. For example, hitting a pothole might throw an automated vehicle (or any vehicle) off enough for it to crash. An automated vehicle might fail to stop at an intersection because of a missing stop sign or faulty traffic light. In such cases, a negligent road maintenance company or the local government that failed to have needed maintenance done may have liability for a car accident.
Evidence Collection and Legal Representation Can Help Prove Liability
Investigating and determining liability in self-driving car accidents will be complex because of the advanced technology that may have contributed to the accident. Experienced car accident investigators, such as the experts we consult in complex cases, will need to be familiar with the federal requirements for vehicle automation and other issues raised by the advent of self-driving vehicles.
Car accident investigations focus on evidence such as police reports and witness statements. If our attorneys are retained soon after an accident, we may be able to secure information available from the vehicles’ event data recorders (EDRs), or black boxes, to reconstruct the accident. As the automation of motor vehicles increases, so will the capacity of EDRs to record the vehicle’s every function.
Eventually, the question to answer in a car accident investigation may no longer be “what happened.” We’ll have black box data, witness statements, surveillance footage, and forensic know-how to explain how a crash occurred. Disputed cases will focus on who is liable and what the law says about their responsibility to the injured.
The key to recovering compensation for injuries you have suffered in a car accident and getting your life back on solid ground will be engaging an experienced personal injury attorney to fight for you. At Morgan, Collins, Yeast & Salyer, our personal injury lawyers know personal injury law and will explore every avenue available to seek the compensation you deserve for car accident injuries, whether it’s through auto insurance, a personal injury claim, a workers’ comp claim, or a combination of claims on your behalf.
What You Need to Remember About Self-Driving Car Accidents
Kentucky’s leaders and car manufacturers are preparing for fully automated cars on Kentucky highways. Self-driving car accidents are coming, and accidents caused by over-reliance on partial driving automation are happening today. Car manufacturers have teams of lawyers ready to defend the safety of their vehicles and their technology. You’ll need experienced legal representation to stand up to them and demonstrate their financial responsibility for what has happened to you in a self-driving car accident.
If you have been seriously injured in a car accident caused by faulty vehicle automation, a careless driver, or a negligent third party, you should seek legal advice. You may have a right to seek financial compensation. If you have a case, our legal team can prepare a personal injury lawsuit. The Lexington personal injury lawyers at Morgan, Collins, Yeast & Salyer can help you demand the full compensation you deserve for your personal injuries. Contact the Kentucky Courage law firm today at (877) 809-5352 or online to set up a free case evaluation about your legal claim.
