There Are Different Levels of Autonomous Driving

When we talk about self-driving cars, there’s a wide range of automated technology involved. The Department of Transportation uses a scale developed by the Society of Automotive Engineers (SAE) to classify self-driving cars.

• Level 1 cars have features like cruise control, but steering and braking are the responsibility of the driver.
• Level 2 cars have self-driving features that control steering and acceleration, but the driver must be available to take over control at any time.
• At Level 3, cars have self-driving technology but the self-driving system will request when the driver takes control.
• Level 4 vehicles are self-driving and cover all driving tasks with very little need for driver override.
• Level 5 vehicles are fully automated and may not include steering wheels or brake pedals.

The technology to create Level 5 cars is still being tested. As such, these vehicles are not yet available to the public. And for now, that may be a good thing. Because determining liability for accidents involving Level 3 and 4 vehicles is challenging enough.

Then Who Is Liable in a Self-Driving Car Accident?

Laws surrounding self-driving vehicles are ever-evolving and the specifics can vary from state to state. For example, in Michigan, phone use may permitted in a self-driving car when the automated driving system is engaged for certain vehicle. In other states, this isn’t always the case. And the situation will always be nuanced.

When working up a case for a client, self-driving car accident attorneys and insurance claims adjusters must evaluate the condition of the driver and whether the automated driving system was engaged, if there was a mechanical or computing glitch, and the degree of responsibility for the other driver(s). Given all of this, any (or all) of the following could be liable:

1. The Driver

For any car that’s currently on the road, the driver is expected to remain attentive and able to intervene in any situation that might result in an accident. So that means if the driver had a few too many drinks and assumed that the automated system in their Level 4 car could get them safely home, they can still be charged with a DUI if there’s a collision.

2. Manufacturer/Software Programmer

In some cases, it’s easy to determine that the automated system was to blame. In these cases, the claim could fall under product liability law and the manufacturer could be held responsible. The injured person would need to prove there was a defect, establish the scope of its use, and provide evidence that the defect caused their injuries. In addition, if there was a problem with the software’s programming or algorithms that contributed to the collision, the software developer could also be liable.

3. Other Driver(s) or Third Parties

Of course, there will always be cases where the accident is caused by the other driver’s negligence. Automated technology can’t do much about someone speeding through a red light and T-boning your car. In that case, the other driver would be held responsible.

Or it could be that the weather and/or road conditions were unfavorable. Automated technology isn’t any better at driving in icy conditions than a human driver. So external factors could also be liable for a car accident.

We Want to Help

Because it’s not always clear who is liable in a self-driving car accident, you need the most skilled and experienced representation to get you the compensation you deserve for your injuries.

At Kajy Law, our dedicated team of top car accident lawyers specializes in Michigan car accident cases. And these include self-driving car accidents. So don’t navigate the aftermath of a self-driving car accident alone. Contact us by filling out our online form or calling us today at 877-KAJY-CARES for trusted legal assistance.