Autonomous vehicles are gaining in popularity, and they will continue to do so in the future. While people are generally in favor of automated cars, they can come with their own set of concerns as well. A big question that many may not think to ask when first purchasing a self-driving vehicle is, “Who is at fault in a driverless car accident?” The answer in short, can vary and can also be quite complicated.

LEVELS OF AUTOMATION
When looking at automated vehicles, you have different levels of automations to choose from. Autonomous cars come with different variances and are not always just solely driverless. Take a look at the spectrum differences of driver-enabled vehicles to fully automated. This list was provided by the National Highway Traffic Safety Administration (NHTSA) and the Society of Automotive Engineers.

Level 0 – No Automation
Zero autonomy is involved with this level. This is typically your everyday car. Here, the driver performs all the driving tasks, except for the occasional cruise control.

Level 1 – Driver Assistance
At this level, the vehicle is controlled by the driver, but there are some driver assistant features available. This means that the driver can be assisted with things like steering or braking/accelerating, but not simultaneously. The human driver must continue to pay full attention to the road at all times.

Level 2 – Partial Automation
For partial automation, a vehicle has combined automated functions like acceleration and steering unlike the level before it. The driver must still remain engaged with the driving tasks and monitor the road and surroundings at all times.

Level 3 – Conditional Automation
At level 3, a driver is a necessity, but the driver is not required to monitor the road. However, the driver must still be ready to take control of the vehicle at all times if needed.

Level 4 – High Automation
A vehicle at this level is capable of performing all driving tasks under certain conditions. The driver may have the option to control the vehicle, but usually the vehicles in this level can drive themselves.

Level 5 – Full Automation
These cars are capable of performing all driving functions under all conditions. The driver may have the option to control the vehicle if needed, but here, the human occupants are just passengers and do not need to be involved in the driving process at all.

WHEN IS THE DRIVER RESPONSIBLE?
Typically, cars are not fully automated, at least not yet, so they still need some kind of human assistance. There are four main sensors that autonomous cars use to detect and analyze their surroundings so that the human driver does not have to.  The most common sensor is the ultra-sonic sensor. This sensor is cheap to implement, but it does not let the vehicle know of an object that is really far away, so if you needed to slam on your brakes for an object far in front of you, this ultra-sonic sensor, will most likely not detect it in time. This sensor is however great for parking and detecting what may be in your blind spot. The next sensor used in autonomous cars is radar. Here the range is much longer and more expensive. These are great for determining an object’s velocity and location, but it cannot determine what the object is per say. The third sensor is lidar. This sensor uses lasers and can detect its surroundings much better than the prior two sensors listed. These lasers can detect the objects and even decipher what they are, but lidar does not work well in harsh conditions like fog or very heavy rain. The last sensor uses cameras. This type of sensor is great because it can see the road in an almost human way. Because cars are currently not fully autonomous, most self-driving vehicles will still let the human driver know when they should take control of the wheel. Crashes in automated vehicles continue to happen due to the driver’s disregard for those alerts or warnings. With this in mind, any car accident will most likely give fault to the person in the self-driving vehicle.

WHEN IS THE MANUFACTURER RESPONSIBLE?
In some cases, the manufacturer of the car is liable after an accident happened that involved their automated car. Technology does not come without its costs, and sometimes it can malfunction or just stop working altogether. While an accident may happen due to this, it can still be difficult to file a lawsuit against the car manufacturer. Many times, the software that is built into self-automated vehicles is supplied by different companies. Because of this, it can be very difficult to pinpoint or determine who is really at fault in the accident. Self-driving vehicles typically keep an electronic database of information, so this does make it easier to know how an accident happened.

 

When someone is injured in an accident involving a driverless car, it is important to seek legal assistance immediately. Navigating a case like this on your own can be difficult. We can help you understand your options when you set up a free consultation with The Pottenger Law Firm. Call the law office today at 816-531-6006 or email us at jpottenger@pottengerlaw.com to discuss your accident or case.