The manufacturer of the car or the manufacturer of a faulty or defective feature could be financially liable if an autonomous car feature causes a crash. Determining fault is a complex undertaking, though, and can be difficult on your own. A car accident lawyer can help you determine liability and hold the at-fault party accountable for your post-accident expenses and losses.
Some car accidents are the result of driver error, making the at-fault party relatively easy to ascertain. The fault can be more difficult to determine when the at-fault vehicle is self-driving. If you or someone you love was injured in a collision with an autonomous car, a lawyer in your area can help you determine where to turn for monetary compensation. Your lawyer can also gather evidence and build a strong case for financial recovery.
How Negligence and Liability are Defined and Determined
Since autonomous—or self-driving—cars have hit the road, liability has become a complicated issue. Who bears liability can depend on numerous factors, such as whether the car was in a completely autonomous mode. The driver’s actions and interaction with the feature in question may also influence liability.
In general, negligence in any car accident is defined by four legal components. The at-fault party:
- Owed you a duty of reasonable care
- Breached their duty to provide it
- Caused the accident to occur
- Caused the resulting financial damages
When they pursue compensation on your behalf, the car accident lawyer who handles your case will collect evidence that establishes negligence. It can be hard to establish these elements on your own.
Manufacturer Liability—The Maker of the Car or Feature
According to National Highway Traffic Safety Administration (NHTSA) data, self-driving cars have five levels of autonomy. Automatic features vary greatly at each level which can play a role in how fault is assigned after a collision.
- Level 1: Driver Assistance
- Level 2: Additional Assistance
- Level 3: Conditional Automation
- Level 4: High Automation
- Level 5: Full Automation
If the feature that caused the accident was the result of a design or manufacturing flaw, the company that built the component or designed the feature could be responsible for compensating you.
A personal injury lawyer will investigate your accident, including the defective part, its design, assembly, and installation in the autonomous car. Your lawyer will consult subject matter experts and an accident scene reconstructionist to get to the cause of the crash.
Personal Liability—The Driver of the Autonomous Car
Because the autonomy of the car can vary, the driver may have been in control of the car or interacting with the feature in question when the crash occurred. If they were, they could bear some or all of the fault for the accident. The car’s driver or owner might also bear liability if the car or the feature in question was in need of repairs it did not receive.
Your lawyer will investigate the driver’s actions and their role, if any, in the crash. They can also help you document the financial expenses and losses you incurred.
Evidence That Proves Negligence for Your Autonomous Car Accident
The evidence that makes up your case file is critical to building an effective case. Its weight can lead your case toward a settlement versus a lengthy trial. The evidence your lawyer will compile to support your case can include:
- Police report
- Witness statements
- Expert testimonials
- Accident scene photos
- Accident reconstruction
Evidence that proves the financial aftermath of the accident can include:
- Medical records
- employment records
- Injury photos
- Vehicle repair estimates
- Vehicle replacement estimates
Collecting and organizing evidence can be a daunting task involving varied entities and organizations. Your attorney can handle this time-consuming matter for you. They can also gain access to evidence you might find hard to obtain on your own, like the car’s driving and accident history.
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Recoverable Damages After an Accident With an Autonomous Car
After your lawyer identifies the appropriate at-fault party or parties, they will carefully assess your recoverable damages. Economic recoverable damages can include:
- Current and future medical bills
- Lost of income and reduced earning capacity
- In-home medical and domestic aid
- Treatment-related travel expenses
- Property damage or total destruction
Non-economic recoverable damages (these are intangible and can be difficult to calculate on your own) can include:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental and emotional anguish
- Diminished quality of life
If the accident caused the demise of a loved one, your lawyer will also help you recover a range of wrongful death damages. They will explain which family members can benefit from a wrongful death action and the time the state allows for its filing.
Avoid Potentially Costly Delays in Pursuing the At-Fault Party
Like all car accident cases, yours has a time limit imposed by the state. In most cases, car accident cases are settled out of court. The lawyer who represents you will still file a lawsuit on our behalf. If your case cannot be resolved with a settlement, filing your lawsuit allows you to take the at-fault party to court and keep fighting for a financial settlement.
If your lawsuit is not filed within the allotted time, you could be left with no legal avenue that allows you to compel the at-fault party to compensate you. Your lawyer will clarify the statute of limitations and how it affects your car accident case. They will also explain any factors that could potentially alter the applicable filing deadline and work hard to file your lawsuit on time.
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Call for Your Autonomous Car Accident Case Review
Were you or someone you love injured in a car accident involving an autonomous vehicle? If you were, our car accident team will determine who is liable if the car’s feature caused the crash. We will also pursue the appropriate negligent party for the compensation you need and deserve.
Contact our car accident review team at Laborde Earles to learn more about financial liability and how hard we go to bat for you.
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