An autonomous vehicle (AV) is supposed to navigate roads with little to no human oversight, but there are still some questions about the reliability of these vehicles. A software glitch, sensor failure, or damage from road debris can lead to a deadly accident.
In most car crashes, the driver who caused it is liable for damages. But when the car itself caused the crash, who is at fault?
Florida laws regarding liability in a self-driving vehicle accident are still developing and will likely continue to change as technology advances. It’s important to work with a Florida Tesla autopilot accident lawyer who is up-to-date on recent changes to ensure your rights are fully protected after the collision.
Potential defendants in a Florida self-driving vehicle accident
Which of the following parties is liable in your case depends on the circumstances of the accident.
The vehicle’s owner
Florida law requires vehicle owners to be responsible for their vehicles and carry insurance to cover damages if the car is in a wreck.
Even if the car was in fully autonomous mode when the crash happened, a case could still be made against the driver. They may not have maintained the car for safety, it could have a defect, or the owner may have tampered with its features, making the car unsafe.
Autonomous vehicles must be properly maintained and have their software updated according to the manufacturer’s instructions. If an owner fails to do so, they could share some or all of the blame for the crash.
The vehicle manufacturer or software developer
If the vehicle’s technology fails to function as intended, the manufacturer or software developer could be liable for the crash.
This may turn your vehicle accident claim into a product liability claim or add another defendant to the case. Design flaws, a manufacturing defect, or a failure to warn about potential accident risks could all make a manufacturer or software developer liable in your case.
The other driver
If you are the AV driver but someone else hits you, the accident may be their fault.
This may depend on whether the accident could have been avoided if you had been operating the vehicle. Still, if the other driver was negligent and caused the crash, they could be responsible for your injuries and losses.
Government maintenance contractors or local municipalities
Unclear markings on roads, malfunctioning traffic signals, changing construction zones, or poorly maintained roads. All of these can impact the performance of an autonomous vehicle. While a human driver may be able to navigate familiar roads even if they’re in disrepair, the AV sometimes cannot.
If the government failed to maintain roads and traffic markings, or if its contracted maintenance company did a poor job, then it could be liable for any collision that happened.
Getting legal help after a self-driving vehicle accident
Liability in an AV crash can get complicated quickly. If you’ve been involved in a self-driving vehicle accident, the attorneys from Lytal, Reiter, Smith, Ivey & Fronrath can help. Let our team sort through the issues and advocate for your rights.
Call (561) 655-1990 for a free consultation.
