Self-Driving Cars: Who’s Liable When AI Causes a Crash?

Autonomous vehicles are now a reality on America’s roads. The rapid proliferation of self-driving and semi-autonomous cars is transforming driving, especially in urban and suburban areas. But with this technological leap comes increased risk of collisions involving advanced driver-assist systems. This may leave accident victims confused about who is responsible for resulting damages. 

The term “self-driving car” is used loosely, but autonomy is authoritatively defined by the Society of Automotive Engineers (SAE) on a scale from Level 0 (no automation) to Level 5 (full automation in all conditions). Most vehicles on the road today, including those equipped with Tesla’s Autopilot or GM’s Super Cruise, are in the Level 2 range, offering driver assist features but still requiring human oversight. This distinction matters, since determining the extent to which a car was operating autonomously or under human control is pivotal in assigning legal and financial responsibility after an accident.

Liability for crashes of autonomous or semi-autonomous vehicles may be shared by multiple parties: 

• The human driver —Drivers bears responsibility for remaining attentive, and their inattention or misuse of automation features can amount to negligence. For example, the human driver might fail to intervene when AI misreads road markings and traffic lights.
• Manufacturers — The maker of the vehicle or the self-driving system may be liable for defects, whether hardware, software or design-related, or for failing to warn users about limitations. 
• Software engineers — Cybersecurity vulnerabilities or buggy software updates can affect a vehicle’s safety, such as by causing incorrect information to be relayed to the AI system.
• Maintenance providers — These third parties may be liable for improper calibration of sensors or poor maintenance of cameras.
• Government authorities — Agencies charged with road maintenance may be liable if poor markings or faulty traffic signals contribute to a crash.

In New York, comparative negligence laws allow courts to divide blame between parties in proportion to their share of the fault. 

Digital evidence can be central to resolving liability issues. Black boxes, sensor logs and onboard cameras can reveal precisely what the vehicle and driver did before impact. However, obtaining this data can be contentious, as manufacturers often try to control access. Securing electronic data quickly is critical, and expert witnesses are frequently needed to interpret the AI system’s actions.

If you’re involved in a collision with an autonomous vehicle, document the scene as best you can and take note of the vehicle’s operating mode. A qualified auto accident lawyer can move quickly to preserve digital evidence and to pursue your legal remedies against potentially liable parties.

The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York represent victims of auto accidents throughout Long Island. Call 631-360-0400 or contact us online to schedule a free initial consultation.