I Was Hit by a Driverless Vehicle. What’s Next?

You may have noticed more cars and fewer drivers on the road lately. Across the country, driverless cars and other self-driving vehicles are becoming increasingly popular. In urban centers in California and Arizona, autonomous Waymo and Cruise vehicles are a common sight. But busy roads always carry risks: last May, a Bay Area woman was struck by a self-driving taxi after its software made an error.

As more and more self-driving cars hit the streets, drivers and pedestrians alike are wondering: What do I do if I’m struck by a driverless vehicle? How do I navigate the aftermath of an accident if the other car has no driver? Who is liable —and how do we hold them accountable?

In this article, we draw on personal injury and product liability expertise to answer these questions and more. Read on to discover what makes an automated vehicle, where to find them, and what to do if you’re struck by one, on foot or in your own car.

What is a Self-Driving Vehicle?

A self-driving vehicle—also called an autonomous vehicle (AV) or a driverless vehicle—is a car which employs advanced technology to operate with little to no human input. Self-driving cars handle everything a human driver usually would: they observe the roadway, monitor speed and steering, and navigate other vehicles as they travel toward their destination.

According to McKinsey & Co., all self-driving vehicles can be classified on a five-level scale, which describes levels of automation:

• Level 0: These vehicles are not automated. A human driver must operate all aspect of the vehicle.
• Level 1: These vehicles may have some automated aspects, like cruise control, but they still require a driver in order to operate safely and effectively.
• Level 2: These vehicles have partial automation, but a driver must be present and may still participate in general operation, such as steering or braking the vehicle.
• Level 3: These vehicles can operate without a driver under specific circumstances but may require a driver to step in if necessary. This is called “conditional automation” and is the highest level of automation available to most consumers.
• Level 4: These vehicles have a high level of automation, and they are what we might commonly call self-driving or driverless vehicles. Level 4 vehicles include driverless taxis, like those currently being piloted by Waymo or Cruise.
• Level 5: These vehicles do not yet exist, but the hope is that they would become completely automated and able to operate without a human driver under any conditions.

Where are Driverless Vehicles Commonly Found?

Though they’re becoming increasingly popular, Level 4 self-driving cars and other autonomous vehicles haven’t yet made it to every state. You’re most likely to encounter driverless cars in the following cities:

• San Francisco
• Los Angeles
• Austin
• Phoenix
• Atlanta
• Houston

The driverless vehicles operating in these cities are typically robotaxis owned and operated by brands like Waymo (operated by Alphabet) and Cruise (operated by General Motors). Cruise, the brand behind the San Francisco accident that injured a pedestrian, is no longer able to operate in California, but you’ll still see Waymos crisscrossing San Francisco’s Mission district!

Even if your city isn’t on this list, you should expect to see self-driving taxis coming soon to a street near you. A few new companies, like Zoox, Mobileye, and Nexar, have recently partnered with Lyft to prepare a new fleet of vehicles for release. This means it is more urgent than ever that drivers and pedestrians alike understand what to do in the event of an accident involving this increasingly prevalent mode of transportation.

What Should I Do After a Driverless Vehicle Accident?

If you or your vehicle was struck by a driverless car, the first steps to take are similar to what you’d do if you were hit by a vehicle with a driver:

1. Seek any necessary medical attention: Even minor injuries can have lasting consequences. If you’ve been struck by a driverless car—whether in another vehicle or on foot—be sure to get checked out by a medical professional, either on the scene or immediately after.
2. Document the accident scene: Photos, videos, and eye-witness accounts of the crash can help you and your accident attorney to determine liability later. Be sure to note not only the license plate, make, and model of the self-driving car, but also the operating company or brand.
3. Notify your insurance company: Inform your provider that you have been in an accident as soon as you are able. You may provide them with your documentation at this time.
4. Seek legal advice: Because self-driving cars are so new, accidents involving them can be legally complex. If you’ve been struck by a driverless vehicle, it’s in your best interest to reach out to a qualified personal injury attorney for an evaluation.

Who are the Potentially Liable Parties?

This is where things get tricky! Because self-driving vehicle technology is still so new, the personal injury and product liability laws regulating it are still in flux. Whereas fault in a driver-on-driver (or pedestrian) collision is typically determined by things like damage, injuries, and drivers’ statements, determining fault in a situation without a driver can become more complex.

Factors assessed when determining fault in a self-driving car accident may include:

• Degree of automation: To what degree was the car operating on its own? Can any aspect of the accident be attributed to human error? The ‘levels’ of vehicle automation may become relevant here.
• Possible design flaws: Was this a one-off incident, or are there signs of a deeper issue? Technical concerns like hardware malfunction may make manufacturers available to potential liability.
• Circumstances of the accident: What was the weather, roadway, and behavior of the other driver (or pedestrian) like? Can the accident be attributed, even in part, to any of these external factors?

Answering these questions with the help of qualified accident lawyers can narrow down the list of potentially liable parties. In a driverless vehicle crash, possible at-fault parties may include:

• Autonomous Vehicle Manufacturer: If the accident was caused by a failure within the self-driving vehicle’s system, the manufacturer may be at fault. These failures could present as malfunctioning hardware, and they could be litigated under product liability law.
• Software Developers: Self-driving vehicle systems are often designed by multiple parties. If there is a glitch in the vehicle’s AI technology, software designers responsible for the operating system could be partially liable.
• Human Operators: If the crash involves semi-autonomous vehicles which require some degree of operation, then a human driver may be found liable on grounds of potential negligence, among others.
• Other Drivers: If there was more than one vehicle involved in the accident, or if you yourself made an error, it is possible they could be found partially at fault.

Conclusion: Pursuing Justice in an Autonomous Era

As technology propels us into a new age of transportation, the legal landscape is being similarly transformed. In driverless car accidents, seeking justice demands innovative strategy and strong legal advocacy. At McCune Law Group, our personal injury and product liability attorneys are dedicated to staying ahead of the latest trends in automated vehicles to ensure that “no driver” never means “no accountability.”

If you’ve been injured by a driverless car or other form of self-driving technology, contact us for a free evaluation today.