Personal Injury Law & Self-Driving Cars Car Accidents
November 19, 2024
The world of automobiles is constantly changing. Every year, new autos arrive with new and fancy technological developments. One of the latest developments in driving technology is self-driving autos. This futuristic technology is now a reality in Pennsylvania, but certain legal complications have also come about as a result. For example, who is responsible for paying compensation after self-driving cars are in car accidents? Take a closer look at how personal injury law handles these accidents.
Have you been harmed by a self-driving car? If so, get the tenacious counsel and representation you deserve from an attorney at Wapner Newman. Call (215) 569-0900 for a free consultation today.
Self-Driving Cars in Pennsylvania
Self-driving cars are now legal in the state of Pennsylvania. Passenger and commercial vehicles can legally use roadways in the state subject to their owners’ complying with the various controlling regulations. However, you likely won’t see a high number of self-driving vehicles for a while. While the law allows for their use, much testing, research, and trial and error are still needed before these vehicles are everywhere.
Auto Accidents and Self-Driving Cars
Driving a vehicle is an inherently dangerous activity that can be reasonably managed by following safety rules and regulations. Accidents can still happen, though. With the advent of self-driving cars, Pennsylvania residents can expect to see a new category of traffic accidents: self-driving car crashes.
Self-Driving Cars and Road Risks
Many people fear self-driving cars or at least have strong reservations about their safety profile. No one wants to get into an automobile accident, so some hesitance over any new vehicle technology is natural.
Reservations are also justified because self-driving cars can pose risks to people’s lives. Contrary to popular belief, they are not crash-proof and have caused the death of numerous individuals across the country.
Some of the risks that arise with self-driving cars on the road include:
- Computer malfunction
- Mechanical-computer malfunction
- GPS malfunction
- Hacking
- Network errors
- Communications errors
- Pedestrian recognition errors.
Each of these risks can lead to personal injury accidents on the road. Of particular note are pedestrian recognition errors. Research has demonstrated that self-driving cars have had significant trouble recognizing these vulnerable members of traffic. The same failure causes self-driving cars to miss dogs, cats, debris, and other small things as well. Some self-driving cars even had trouble recognizing darker-skinned pedestrians.
Liability for Personal Injury Losses Caused by Self-Driving Cars
Liability for personal injury caused by self-driving cars is a complex issue. In standard car accident cases, liability typically lands at the feet of a driver or a driver’s employer. However, in cases involving self-driving vehicles, liability is likely to belong to a vehicle or vehicle parts maker.
By definition, self-driving cars are separate from their drivers in most cases. This separation does not mean, however, that a driver may not be held liable for a crash caused by a self-driving car. Some self-driving cars see much driver interaction, which can be negligent. But in fully autonomous driverless cars, no driver is present to blame.
Claims Against Car and Equipment Makers
It is still too early to tell how liability will ultimately play out in self-driving cars car accidents. Still, it is likely that personal injury victims will have numerous product liability claims against car and equipment makers.
In any self-driving vehicle, there will be parts and accessories from more than a couple of companies. These components, which must be reasonably safe and free of unreasonable defects, include:
- Software
- Computer hardware
- Wiring
- Integrated systems
- Basic car parts, such as the tires and engine.
Product liability claims in Pennsylvania can be brought under the theory of strict liability, which makes product providers strictly liable for injuries caused by a dangerously defective product. Using this theory, victims need not prove negligence, although negligence is also a viable route to sue a product provider.
Philadelphia accident victims turn to Wapner Newman when they need an experienced injury law firm they can trust.
Claims Against Other Drivers
Not all self-driving cars car accidents are the result of an issue with the self-driving vehicle. A self-driving car and its passenger or passengers may also find themselves victims of an accident caused by another driver. When this occurs, liability may come into play. With full tort insurance, a passenger can sue for full personal injury damages but must prove that another driver was liable. Limited tort, on the other hand, allows the victim to seek only limited economic damages.
Consider a self-driving shuttle like the one at Navy Yard. If a driver negligently hits the self-driving shuttle and causes serious injury to one of the passengers, that passenger may be able to seek full damages against the driver. They must first, however, identify the specific act of negligence committed by the driver and how it caused the accident.
This task and all other claims-related tasks are best handled by an experienced personal injury lawyer. Victims can face significant obstacles in seeking proper compensation. At-fault parties and their insurance companies often fight hard to pay less than they owe.
Personal Injury Damages
Regardless of how liability ultimately plays out in car accidents with self-driving cars, what is certain is that victims of these accidents will generally still be entitled to compensation. Car accident victims suffer all manner of injuries, ranging in seriousness from mild to catastrophic. They need maximum compensation to address their pain and losses.
Keep in mind that limited tort compensation, or no-fault compensation, only provides limited damages relating to economic losses. This means that if a self-driving car accident passenger is injured and has limited tort insurance, they may not seek non-economic damages. They are instead limited to:
- Medical damages up to the policy limit
- Limited lost wages
- Limited expenses.
Full tort, on the other hand, gives victims access to all of this compensation, plus full wage compensation and damages covering non-economic losses.
These non-economic losses may include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress and mental anguish
- Disfigurement and scarring
- Disability.
In many cases, however, a passenger of a self-driving vehicle who has limited tort insurance may sue under full tort rules and seek full compensation.
These exceptions include:
- An intoxicated at-fault driver
- Defective vehicle design or manufacture
- Serious injury or impairment.
The importance of having a car accident attorney cannot be overstated when it comes to seeking damages. Many accident victims trust insurance companies to properly compensate them, but insurance companies’ first priority is typically profits. The more often they can convince claimants to take less, the higher their revenue. An attorney knows the value of their client’s claim and aggressively pursues all compensation owed.
Representation You Can Trust in Pennsylvania
Self-driving cars are slowly becoming a reality on U.S. streets, but they are far from 100% safe. If you have been injured in an auto accident with a self-driving car, you deserve representation you can rely on to get you the damages you deserve.
For a free consultation, call (215) 569-0900 to speak to the dedicated attorneys at Wapner Newman and learn what legal options you may have today.