Legal Risks & Liabilities of Self-Driving Vehicles
Elon Musk is finally getting served some humble pie, but it’s not as savory as it seems. The serial technology entrepreneur has failed to deliver on his prediction that American roads would be filled with self-driving cars by 2020. Musk has publicly admitted to underestimating the extent to which self-driving cars are a “hard problem”, which should be a red flag for consumers. If one of the brightest innovators of our era has seemingly overestimated what we can currently engineer, should we be so eager to trust the novel technology?
The safety of self-driving cars for both passengers and pedestrians has been a highly contentious debate. Enthusiasts argue that self-driving technology could actually save lives, by preventing accidents that would otherwise be caused by human error. However, the safety investigations by the National Highway Traffic Safety Administration (NHTSA) tell a different story. Tesla’s advanced driver assistance systems are under investigation for potentially causing numerous deaths, which could result in the company facing over $100 million in civil penalties.
Who Is At Fault In A Self-Driving Car Accident?
Many accidents involving vehicle collisions are not straightforward cases of determining fault, even if the actual facts and events clearly suggest who is at fault and who is the victim. The United States legal system operates based on the English Common Law system, where a plaintiff and defendant present their arguments before an impartial judge or jury. Strong arguments must be seen as objective and verifiable, which means that claims from either the plaintiff or defendant must be supported by evidence. Lawyers are educated and experienced professionals who prepare and present convincing legal arguments to the courts with the goal of winning the best outcome of the case for their clients. It is highly recommended for any personal injury victim in San Diego to have an accident attorney fight for their case to ensure the highest likelihood of receiving the compensation they are legally entitled to.
The death of Elaine Herzberg was the first recorded case of a pedestrian death involving a collision with a car operating in self-driving mode with a human operator in the driver’s seat. The process of determining fault in this case was nuanced, complex, and emotionally stressful for parties involved, as compelling evidence was presented in support of each opposing side. The local police had determined that Uber was not at fault, due to the fact that Herzberg had crossed the road in an unsafe manner. However, the police had also determined that the human operator of the self-driving Uber vehicle, Rafaela Vasquez, had been visually distracted with video streaming services. Vasquez was charged with negligent homicide. Family members of Herzberg retained legal counsel and reached an undisclosed settlement with Uber while investigations continued.
Legal Compensation for Victims of Self-Driving Vehicle Accidents
Unfortunately, self-driving features that are meant to decrease accidents and increase safety can sometimes cause more harm than good to drivers, passengers, and pedestrians. In one accident, a driver operating a Toyota RAV4 vehicle with lane-assist technology sensed a car merging into the driver’s lane and swerved out of the way, however the overcorrection resulted in the driver being badly injured.
If you or a loved one has been injured as a result of a self-driving vehicle accident, you deserve compensation for the resulting medical expenses, pain and suffering, and loss of income. Call San Diego Auto Accident Lawyer Christopher Villasenor to help you with your next steps.
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