Self-Driving Car Crashes Liability
December 10, 2024
Self-driving cars have been tested and produced in Pittsburgh for several decades. Today, the city is home to several companies that produce and test self-driving vehicles, and the Pennsylvania Department of Transportation (PennDOT) recognizes the community’s Carnegie Mellon University as the birthplace of self-driving cars. There are also self-driving vehicle companies operating in Philadelphia and other portions of Pennsylvania.
While this scientific progress is impressive, it can also create legal problems. But what laws govern these vehicles, and what happens if these vehicles are involved in an accident? When it comes to self-driving car crashes, liability rules are still somewhat of a work in progress and are likely to be modified further in the coming years. Still, even with possible changes on the horizon, Pennsylvania lawmakers have taken steps to address these issues.
Previous Attempts to Address Self-Driving Car Accidents
Self-driving vehicles have been common on Pennsylvania roads, particularly in Pittsburgh and Philadelphia, for most of the last decade. The original tests of these vehicles occurred long before the state legislature had made any concrete laws to handle these cars. But even early on, the state took steps to prevent such vehicles from being involved in car accidents.
Until recently, fully autonomous vehicles could only travel on the road with a safety driver sitting in the driver-side seat. The safety driver was required to keep alert throughout the drive, watching for any potential dangers.
Furthermore, the car had to be designed to allow the safety driver to take full control of the vehicle if needed to avoid an accident or for any other reason. This meant, for the better part of the last decade, the safety driver could be held liable for any accidents and could receive a ticket if the vehicle was involved in any traffic violations.
When a safety driver was working for the company that created the car, the manufacturer of the vehicle could also be liable in a self-driving car crash. The exact details of liability were complicated, though, and people injured in car accidents with self-driving vehicles faced an uphill battle to get fair compensation.
Until just this year, autonomous vehicles could not travel on public roads without a responsible safety driver behind the wheel at all times.
Recent Changes in the Law
In 2023, a new law was signed by the Pennsylvania governor. This new law modified the Pennsylvania vehicle code. Specifically, sections of the code were altered regarding:
- The duty to inform the authorities after an accident
- The requirement to provide contact and insurance information to the other driver
- The need to render aid after an accident.
These modifications were necessary in a landscape where a vehicle involved in an accident may have no people inside of it.
However, while the rules have been changed for autonomous vehicles, this doesn’t mean that anyone can immediately begin using an autonomous vehicle. As part of the legislation that modified the vehicle code, the state legislature also assigned the role of creating guidelines for these vehicles to PennDOT.
PennDOT recently revealed those guidelines. Under these guidelines, highly automated vehicles (HAVs) can be driven in Pennsylvania without a safety driver. However, only companies that are certified by the state may operate a highly automated vehicle without a safety driver. If one of these vehicles is involved in a traffic accident, the certified company must contact authorities as soon as possible to report the accident and provide registration and financial information for the vehicle.
With these regulations, if the vehicle violates any traffic laws, the entity that holds the certificate will receive the penalties. Even if a safety driver is present in the vehicle, they are not liable for the accident.
Were you seriously injured in a car accident in Pennsylvania? Contact Wapner Newman at (215) 569-0900 to discuss your legal rights with an experienced car accident attorney during a free consultation.
Liability Under the New Regulations
If there is no driver in the vehicle or the safety driver isn’t liable, how can you get compensation when you are injured in a car accident caused by the HAV? This is a question that state law now aims to answer reasonably and satisfactorily. Since the vehicle isn’t being guided by a human, if the car is responsible for an accident, then it is considered a defective product. This means that you can file a lawsuit against the manufacturer under product liability laws.
In some ways, this is an advantage over the previous rules. Previously, when a safety driver was present, it was questionable whether the safety driver was liable due to negligence or whether the design of the vehicle made it impossible for the safety driver to prevent an accident. That potential question no longer exists under these rules.
Even if a safety driver is present and has some ability to potentially prevent an accident, the presumption when an HAV is responsible for an accident is that it was defective. This is because these vehicles should be able to travel on public roads safely without needing any kind of intervention from human drivers.
What to Expect From a Self-Driving Car Crash Liability Case
Self-driving cars are a developing technology, so much of the technology is considered corporate knowledge. However, in a defective product case, the manufacturer of a vehicle may have to reveal some of that knowledge to potentially defend itself from a lawsuit. Similarly, the manufacturer may have to reveal design specifications to a litigating party.
To avoid having to share technology secrets, many self-driving car companies will negotiate a settlement without a case having to go to trial. This also helps limit media exposure when an accident occurs. Self-driving cars have received a mixed reception from the public. Most car companies would prefer to avoid bad press about their vehicles whenever possible.
Because of this, if you are injured in an accident involving a self-driving car, your case may proceed relatively quickly. A product defect lawyer from Wapner Newman can gather evidence to show that you are not at fault. Once we have collected enough evidence, we can present it to the manufacturer of the vehicle and negotiate for fair compensation for your injuries. If negotiations are productive, you may receive compensation in a few months or less.
Tort Rules in Pennsylvania
One question that may not be fully answered by the current regulations is how those guidelines interact with the unusual tort rules in Pennsylvania. In this state, when you purchase car insurance, you need to choose either full tort or limited tort insurance. Depending on what type of insurance you purchase, you have different rights to sue when involved in a car accident. However, these rules apply to car accident lawsuits, not to defective product lawsuits. Arguably, this means that your type of insurance shouldn’t affect your ability to sue. However, this is something that PennDOT or the legislature may need to clarify.
Contact Wapner Newman to Get Started Today
Any type of car accident, including those involving self-driving cars, can cause injuries and losses. If you were injured in a car accident with a self-driving vehicle, you may wonder what your legal options are. The seasoned team at Wapner Newman can help you successfully navigate these laws to pursue the compensation you deserve.
You may be entitled to compensation if you were hurt in a crash with a self-driving car. Contact Wapner Newman at (215) 569-0900 as soon as possible to schedule a free consultation with an experienced personal injury lawyer.