How Self-Driving Cars Will Reshape Automobile Litigation
Self-driving cars may make roads safer and make travel easier. But they will also change the way car accident lawsuits are handled. As these cars become more common, courts, insurance companies, car makers, and lawmakers will have to answer a basic question: who is legally responsible when a self-driving car crashes?
In many car accident cases today, the main question is whether a human driver was careless. In future cases involving self-driving cars, the main question may be different. Courts may need to decide whether the car’s computer system, sensors, software, or other parts failed. These cases will likely involve new laws, technical evidence, and different types of insurance issues.
From Driver Negligence to Product Liability
For many years, car accident lawsuits have mostly focused on driver negligence. That means the lawsuit asks whether a driver failed to use reasonable care. A fully self-driving car is different because it can operate without a person constantly controlling it. Because of that, some future crashes may be caused by problems with the car’s software, sensors, or design instead of mistakes by a human driver.
This change may shift many lawsuits away from claims against drivers and toward product liability claims. Product liability claims are claims against the companies that made, designed, or sold the product. In self-driving car cases, those companies may include car manufacturers, software companies, and companies that operate fleets of self-driving vehicles. Vehicle owners may still be responsible if they fail to properly maintain the vehicle. For that reason, some cases may involve both product liability claims and traditional negligence claims.
To decide why a crash happened, the parties may have to determine whether the problem was a manufacturing defect, a software failure, or poor maintenance. That will often require expert witnesses and detailed technical analysis. As a result, lawsuits involving self-driving cars may be more complicated and more expensive.
Federal Safety Standards Do Not Eliminate State Tort Liability
The federal government sets many safety rules for motor vehicles. But following those federal rules does not automatically protect a manufacturer from being sued in a civil lawsuit.
Congress made this clear by stating that following a federal motor vehicle safety standard “does not exempt a person from liability at common law.” 49 U.S.C. § 30103(e).
This means both federal and state law can matter. The National Highway Traffic Safety Administration, or NHTSA, sets safety standards for vehicles and automated driving systems. At the same time, states still control driver licensing, traffic laws, and many rules about who can be sued after an accident. Courts have recognized that federal safety rules for autonomous vehicles generally do not wipe out state lawsuits or state rules about automated driving systems.
States Are Creating Their Own Rules for Autonomous Vehicles
As self-driving technology grows, many states are passing their own laws about when and how these vehicles may be used.
For example, Arizona allows fully self-driving vehicles to operate without a human driver only if certain requirements are met. Florida has a similar rule.
Arizona law also explains who may be responsible for certain traffic violations when no person is driving. In some situations, the person or company that filed the operating paperwork can receive traffic tickets or other penalties. A.R.S. § 28-9702.
Data Will Become the Most Important Evidence
Self-driving cars collect a large amount of information. They may use cameras, radar, lidar, GPS, and other sensors to understand what is happening around them.
Because of this, lawsuits may focus more on digital evidence and less on eyewitness testimony. Important questions may include who owns the vehicle data, who controls it, and who is allowed to access it during a lawsuit. These questions may become major discovery disputes.
Looking Ahead
Self-driving cars may change car accident lawsuits as much as they change transportation. In many cases, lawsuits may focus less on whether a driver was careless and more on whether the vehicle or its technology failed. State laws will still play an important role in deciding how these vehicles may operate, what insurance is required, and who may be legally responsible after a crash.
As the technology develops, successful lawsuits will likely depend on more than witness statements. Lawyers and courts may need to review software, sensor data, expert opinions, and both federal and state laws. In the future, deciding fault after a crash may require understanding not only what happened, but also how the self-driving car made its decisions.
