Accidents involving self-driving cars feel like something out of a sci-fi movie, but unfortunately, they are a reality in today’s emerging autonomous vehicle landscape. More and more self-driving vehicles are taking to the roads with different levels of operational capabilities. So if you are involved in an accident with a vehicle that wasn’t being driven or controlled by a human, who is at fault?
These accidents are often complex, so consulting a New York car accident lawyer may be helpful. This guide can also help you understand potential liability in self-driving car accidents.
Understanding Self-Driving Cars on New York Roads
Despite an often negative public perception, self-driving vehicles show lower crash and injury rates than human-driven cars in some studies. A report from Waymo, a manufacturer of self-driving vehicles, found that its vehicles had 94% fewer serious injury crashes, 82% fewer airbag deployments, and 82% fewer injury-causing crashes compared to an average human driver over the same distance. Still, these statistics should be taken with a grain of salt, as they were published by the manufacturer.
At this time, autonomous vehicles in NY cannot be completely self-driving. New York law still requires a licensed driver to be behind the wheel in many scenarios. Specifically, for vehicles being tested on roadways:
- A person with a valid driver’s license must stay in the driver’s seat while a testing vehicle is being driven on public highways.
- The driver must be prepared to take control when necessary to operate the vehicle safely.
- For test vehicles, the operator must be trained in the safe operation of the vehicle.
These vehicles must also have $5 million insurance policies under New York law.
Currently, completely autonomous vehicles without licensed drivers are not legal in New York, but this is likely to change soon. While states like California and Arizona have already rolled out “robotaxi” services, which are completely autonomous, these services have not been permitted in New York yet.
New York’s No-Fault Car Accident Laws and How They Affect Your Case
Before you begin determining who was liable in your accident and whether you can pursue a lawsuit, it’s important to understand New York’s no-fault accident laws. After a car accident, all parties involved start by seeking compensation through their own insurance company. New York requires all drivers to carry personal injury protection (PIP) insurance, which is the coverage you would use to pay for medical expenses after an accident.
Only accidents that meet New York’s serious injury threshold may give rise to injury lawsuits or liability. So, if your accident didn’t involve serious injuries, you may not have the option to pursue compensation from another party, even if you weren’t at fault. A car accident lawyer in New York can explain more about this concept and help you understand whether your accident meets the threshold.
Determining Liability in an Accident Involving a Self-Driving Vehicle
If your accident does meet the serious injury threshold, you may begin exploring options for seeking additional compensation beyond your PIP insurance. This is where you would want to explore who was liable for the accident.
The process starts the same way it would in a traditional accident case. Your auto accident lawyer in New York can help you review the circumstances of the crash, understand how it happened, and determine the root cause. If the self-driving vehicle was at fault in the accident, you can explore who would actually be held liable.
In some cases, the liable party may be the vehicle manufacturer, such as if the accident was due to an equipment malfunction. In other cases, it may be the person driving the vehicle, such as if they failed to take control of the car when they reasonably should have.
Liability can also be shared by all parties in New York car accidents, and your accident payout would be reduced by your percentage of fault.
When a Self-Driving Car Accident Happens Due to a Malfunction
Some accidents involving autonomous vehicles happen because the person in the driver’s seat failed to take control and stop the accident when they reasonably could (or should) have. But what happens when the vehicle malfunctions and the driver does not have enough time to respond?
Autonomous vehicle accident liability in these cases often represents a gray area that requires a closer look at the specific details of the accident. In some cases, the manufacturer or company responsible for vehicle testing may be liable. In other cases, the driver may still be liable.
As the victim of an accident who was in a traditional vehicle, you may be able to start by simply filing a claim through the insurer that the self-driving vehicle was insured under. The insurance company can then sort out which specific party may have been liable.
Speak With a Self-Driving Car Accident Lawyer About Your Case
Knowing the steps to take after a car accident involving a self-driving vehicle can feel overwhelming. When in doubt, consult a New York car accident lawyer about your rights and legal options.
Our attorneys at Cassisi & Cassisi, P.C., have stayed abreast of self-driving vehicle laws and understand how liability can be determined in these accidents. Speak with a car accident lawyer about your accident today by calling 516-294-5050.
Frequently Asked Questions
Can robotaxi passengers be held responsible for accidents?
Robotaxi passengers generally wouldn’t be held responsible for accidents unless they did something to interfere with the autonomous driving features. A passenger is not expected to sit in the driver’s seat or stay in control of the vehicle.
Can you sue the manufacturer if a self-driving car is responsible for an accident?
You may be able to sue a manufacturer if a self-driving car is responsible for an accident. The answer depends on the root cause of the accident and whether the manufacturer was liable. A New York car accident lawyer can help you understand liability in your case.
Has anyone sued Waymo?
Yes, Waymo has been involved in numerous lawsuits over the years, with plaintiffs including individuals, cities, and corporations.
