Self-Driving Car Crashes Lead to New Questions

by Craig Aronow, Esq.

Self-Driving Car Accident Rates Are on the Rise

Since 2019, there has been a dramatic increase in the number of cars sold with some sort of self-driving features. Also called autonomous cars, these vehicles are capable of doing things like accelerating, braking, or steering without driver input. Though they can make driving easier, they also come with some potential problems.

Statistics Show Increase in Self-Driving Car Crashes

Ever since self-driving cars were first released for public use, there has been a lot of concern about their safety. To ensure these vehicles don’t pose a threat to the public, the government monitors them closely. Statistics released by the National Highway Traffic Safety Administration reveal that 392 crashes involving partially automated driving systems were reported between July 2021 and May 2022.

Analysis of the data shows a few separate trends. First of all, the majority of the crashes were not fatal. Cars with a higher degree of automated control were less likely to result in serious injuries. In fact, of the 130 crashes involving fully autonomous vehicles, no serious injuries were reported. Interestingly, most of the crashes were from Teslas, which accounted for almost 70% of the crashes.

Though that number might sound concerning, it is important to keep in mind that no statistics suggest automated vehicles are unsafe. The higher number of accidents is simply due to the fact that more people are driving these cars now. With more on the road, there are more chances for them to crash. Though we’re more likely to see self-driving car accidents in the future, that doesn’t mean self-driving cars crash more frequently than regular cars.

Furthermore, some level of accidents is inevitable for all types of cars. No matter how safe self-driving cars are, accidents can still happen. In fact, statistics suggest self-driving vehicles may drive less often. For example, Tesla reports that their cars have one crash every 4.31 million miles driven, while a standard car has a crash every 484,000 miles driven.

Lack of Car Crash Data Presents Some Challenges

All of this data comes about after an order requiring the NHTSA to keep track of accidents involving automated vehicles. Since June of 2021, they have been closely monitoring crashes and collecting possible data. The NHTSA reports that it has been collecting a broad range of data. Any vehicle that uses some sort of traffic-aware cruise control, autopilot, or other driver-assisting system was considered. Recent reports include examinations of car crashes involving Teslas, Hondas, Subarus, and more.

Unfortunately, getting a look at the big picture can be challenging. Not all vehicles are able to collect the same amount of data. For example, the NHTSA reports that Teslas are the only car that monitors its systems closely enough to generate real-time crash reports. Other cars don’t have the capability, so it can take longer for NHTSA to receive crash data.

It is especially tricky for government oversight agencies to monitor what the cause of the crash was. Not all vehicles with automated systems keep track of when the system is turned on. Therefore, the only way to know whether the person or the car was in control is to rely on self-reported data from the drivers. This can make it tricky to tell precisely what happened in the seconds before the crash.

Who Is at Fault in These Crashes?

In the typical New Jersey car accident, the victim has the option of working with a personal injury lawyer to get compensation. However, when a vehicle that was involved is a self-driving car, finding the responsible party can be difficult. In these cases, things are not quite as simple as pointing out that the other driver was speeding and asking them to pay for your medical bills.

Some legal advisers believe that autonomous vehicles may start to shift fault from the driver to the manufacturer. For example, there was a fatal Tesla crash where the car’s autopilot sensors failed to discern a white tractor-trailer from a bright, sunny sky. In these sorts of situations, the victim of the crash might be able to argue that faulty manufacturing and poor design were responsible for the crash.

However, default legal guidelines mean that the driver of the car is usually at least partially at fault. This may change as cars get more features, but currently, all “self-driving” vehicles still require the driver to retain control of the vehicle. The driver is responsible for ensuring they’re in a safe situation before they turn on the autopilot setting, and they still set parameters like speed and braking distance. In the majority of crashes, the driver has contributed to the crash by setting their self-driving features to operate in an unsafe way. Therefore, you may still be able to go the straightforward route of suing the driver instead of needing to sue an entire corporation.

How to Begin a Lawsuit When a Self-Driving Car Is Involved

No matter how tech-savvy you are, it can feel a little intimidating to prepare to file a lawsuit involving a self-driving car. It is certainly true that you may need to involve a few extra technology experts and add the company as the co-defendant in your claim. However, for the most part, even these high-tech cases still follow the same basic rules of a car accident lawsuit.

In any personal injury lawsuit, evidence is very helpful. If possible, try to collect evidence from the scene of the accident. Things like witness contact information and photos of the road conditions can help you make your case. Many self-driving cars have cameras that record when a collision occurs, so you might want to request that this information be secured as soon as possible.

During the lawsuit, your personal injury attorney will use this evidence to show that the other parties behaved negligently. You’ll need to prove that their actions somehow led to you being injured. Just like any other car accident, you will need to explain the ways the crash harmed you. You’re able to sue for compensation for everything from medical bills to lost wages to pain and suffering. You also need to emphasize that the driver or manufacturer of the automated car was irresponsible. Depending on your case, you might want to bring up things like the driver setting their car to drive above the speed limit or the driver engaging assisted cruise control in an inappropriate location.

The majority of car accident cases do not go to trial and are settled outside of the courtroom. As it becomes more common for automobile manufacturers to be involved, you can expect that many of these groups will prefer to settle quietly instead of having a long court case that leads to poor publicity.

If you end up in a New Jersey accident involving a self-driving car, you need a very experienced attorney. RAM Law is here to help those in the New Brunswick and Somerville regions. Our highly-qualified personal injury lawyers are up-to-date on all the nuances of these unusual cases. We can help you figure out who is responsible and assist you with all the details of filing a lawsuit. Call 732-394-1549 or fill out our contact form to schedule your free consultation.