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Potential Liability for Drivers of Self-Driving Cars

Potential Liability for Drivers of Self-Driving Cars
Over the next few years self-driving cars are going to become more common on Nevada’s roads as the technology improves and vehicles become affordable for a wider swath of consumers. The convenience of letting the car do most of the driving is undeniable, but as recent events have shown, autonomous vehicles aren’t perfect. Self-driving cars have been involved in a range of accidents, including slow-speed collisions and, recently, a fatal accident involving a pedestrian in Arizona. Such accidents will raise new and interesting legal questions for insurers, lawyers, and the courts to consider. Among the important questions that must be considered is the potential liability of a “driver” of a self-driving car that is involved in an accident.

Nevada law requires operators to stay attentive

The rules governing self-driving cars in Nevada are still in their infancy. Designed to allow developers to test the technology, the rules are far from fleshed out. Aside from a few skeletal rules, like insurance and licensing requirements, there is still a lot of work to be done that will be based, in large part, on the results of current experiments. One of the oddities about autonomous vehicles is that they don’t have “drivers” in the conventional sense. The person in the driver’s seat is neither a driver nor a passive passenger. Instead, he or she is deemed to be the car’s “operator,” with responsibilities for keeping an eye on what the car is doing. The concept of the operator is a new one with seemingly contradictory features. Even though Nevada law recognizes that an operator “is not required to actively drive an autonomous vehicle” (NRS 482A.200) an operator is still expected to be ready to take control in the event that the autonomous system fails (NRS 482A.080). Existing law places the onus on the designers of autonomous systems to ensure that the systems will “alert the human operator to take manual control of the autonomous vehicle if a failure of the autonomous technology has been detected and such failure affects the ability of the autonomous technology to operate safely the autonomous vehicle.” This relies upon the system to recognize its own failure and alert the operator in time to prevent an accident.

Scenarios of operator liability

Accidents where a self-driving car is at fault can be sorted into several categories, each with varying degrees of potential liability for the operator/driver:
  • Accidents while the operator is in full manual control. Obviously, if the operator is driving and the car’s autonomous system disabled, the fact that the car has the system onboard won’t be relevant to the analysis.
  • Accidents that occur after the autonomous system warns the operator to take control, but before the operator can do so. It seems inevitable that cases involving this situation will come up. Expecting operators to stay alert and aware of what’s happening around the car at all times seems unrealistic at best. Operators are likely to be looking at their phones, reading a book, or even dozing. Regardless, an operator who fails to react on time to a system warning may be committing negligence and may be liable in the same way as though he or she was distracted while driving a conventional car.
  • Accidents that occur while the autonomous system is in full control. As happened in the fatal crash in Arizona, an autonomous system may not recognize its own failures in time to prevent an accident. Again, the operator is supposed to be watching what’s happening, but if the system is active, is the operator really “in control?” The answer isn’t clear, and likely will depend on the specific facts of the accident and a range of technical questions about the system itself. In these cases, the designer of the autonomous system may be at least partly responsible for the accident.

GGRM is an auto accident law firm in Las Vegas

For over 45 years the attorneys at Greenman Goldberg Raby Martinez have represented clients who have been injured in auto accidents. We are closely monitoring the introduction of autonomous vehicles on Nevada’s roads. If you have questions about how a self-driving car may affect your liability, call us today for a free attorney consultation at 702-388-4476, or reach us through our contact page.

Accidents Involving Self-Driving Cars: How They Might Look

Accidents Involving Self-Driving Cars: How They Might Look
The advent of the self-driving vehicle promises to revolutionize transportation. As the technology gets adopted across the spectrum, from ride services to interstate trucking, accidents involving self-driving vehicles will inevitably happen. Just this month a self-driving SUV operated by the ridesharing company Uber struck and killed a pedestrian in Tempe, Arizona. When such accidents happen, the question of legal liability will always arise.

How self-driving cars work

Autonomous vehicles operate using a sophisticated system of sensors that are designed to continuously evaluate the space around the vehicle. The vehicle’s onboard computers interpret a wide range of data collected by cameras, radar, and LIDAR (Light Detection and Ranging) equipment to ensure that the vehicle can react to changing environmental conditions, including other vehicles, pedestrians, and roadway debris. The systems are designed to work in all conditions: day and night, wet and dry. The tragic accident in Tempe shows that despite their sophistication these systems still can fail to account for foreseeable road conditions. In Tempe the pedestrian who was struck and killed was slowly crossing the road while pushing a bike. The pedestrian wasn’t behaving erratically, and the car’s system should have detected her and reacted accordingly. Uber’s policy governing its self-driving cars required the vehicle’s driver (dubbed a “safety driver”) to be in control and ready to respond to an emergency at all times, but the driver was apparently not paying attention when the accident happened.

Who is liable in self-driving car crashes in Nevada?

When a self-driving car is at fault for an accident, as appears to have been the case in Tempe, there are a number of potential defendants. Nevada law allows autonomous vehicles to be tested and operated within the state provided that they are self-certified by manufacturers, developers, and operators as meeting statutory and regulatory requirements. When something goes wrong, there are several potential parties from whom a victim could pursue compensation for injuries:
  • The operator (if any) and/or owner. Even though autonomous vehicles drive themselves, they often have a human operator behind the wheel. Nevada law requires that such vehicles be equipped with safety systems to alert the human operator in the event of a system failure, and the means to disable the autonomous system when necessary. NRS 482A.080. Like all drivers, operators are required to carry liability insurance. NRS 485.185, NAC 482A.050. In cases where the car is owned by a business, like Uber, the business may be legally liable as well.
  • The designer(s) of the autonomous system. Autonomous systems can be installed in vehicles that were not originally designed with the systems in mind. When a system fails to operate as intended the designer and manufacturer of the system may be held liable under a theory of products liability. Even more than a case against the driver/operator, a products liability case will probably involve complex, technical questions, like how the specific conditions at the time of an accident may have affected the performance of sensor systems. Products liability cases may need to include a range of parties, as different developers may be involved in building the components of an autonomous system (e.g., the car’s “brain” might work properly, but the “eyes” are defective).
  • The auto manufacturer. Nevada law provides that the original manufacturer of an automobile can’t be held liable for damages caused by the failure of an after-market autonomous system that is installed by a third party. NRS482A.090. But if the manufacturer was involved in the system’s design or construction, for example by incorporating components to facilitate installation, plaintiffs’ lawyers might explore its culpability for the accident.

GGRM is watching the legal landscape for self-driving cars

The attorneys at the law firm of Greenman Goldberg Raby Martinez have broad experience with personal injury and accident cases. We are keeping close tabs on the evolution of autonomous vehicles and how they may be involved in accidents on Nevada’s roads. If you have questions about how self-driving cars may impact you, call us today at 702-388-4476 or ask us to reach out to you through our contact page.