We all put our trust in other drivers the minute we get on the road or use a crosswalk at an intersection. However, even when a driver is responsible, self-driving cars can still cause accidents. While autonomous vehicles promise to make roads safer, there have already been incidents involving serious injuries because of them.
When you’ve been injured and a self-driving car is involved, you may be able to pursue compensation for your losses. AFort Lauderdale car accident attorney can help you do so.
Understanding Self-Driving Technology Levels
According to theSociety of Automobile Engineers (SAE), there are six levels of self-driving technologies. At levels 0 through 2, you are driving the car but have some assistance (such as blind spot warnings or adaptive cruise control). In levels 3 through 5, the driver is not in control when features are being used (such as a fully autonomous vehicle). At level 3, some features still require drivers to take over at certain points.
On the roads in Florida, you’re likely to encounter many cars that fall into levels 0 through 3. With these vehicles, drivers must always remain engaged, even if a self-driving feature is in operation.
These levels are important when determining fault, as a driver may carry some of the liability when levels 0 through 3 are in play. If the vehicle is fully autonomous, then the manufacturer is more likely to be liable.
Common Causes of Self-Driving Car Accidents
The risks of self-driving cars include:
- System failures: These can include sensor malfunctions, software glitches, and misinterpretation of data.
- Human error: While many of these features were designed with safety in mind, drivers still need to pay attention. If a driver over-relies on their vehicle, they may end up causing an accident.
- Environmental factors: Unfortunately, autonomous cars are not infallible. They may be less reliable in situations where there are poor road markings, the weather interferes, or there are unexpected construction zones.
- Mixed traffic risks: When some cars are autonomous and others are not, there is always the risk of a driver overreacting to another vehicle’s corrective behavior.
Who Can Be Liable in a Self-Driving Car Accident?
Depending on the accident itself, there may be multiple liable parties. They can include:
- Vehicle owner/driver: The driver could be liable for failing to monitor or override when necessary.
- Manufacturer: The manufacturer of the autonomous vehicle may share liability if the crash resulted from defective design, a manufacturing flaw, or inadequate safety features.
- Software developers: Programming errors or inadequate updates could be a cause of the accident.
- Third parties: In some cases, the driver and their vehicle may have both been acting as they should, but maintenance companies, road construction crews, or other negligent drivers contributed to the crash.
Legal Challenges in Self-Driving Accident Claims
In a self-driving car crash lawsuit or claim, you need to prove that someone else’s negligence led to your injuries. Doing so typically requires a thorough investigation and gathering of evidence.
Some key challenges are:
- Being able to access proprietary vehicle data and logs
- Proving whether the driver or the automated features had control over the vehicle at the time of the crash
- Facing aggressive defense strategies from vehicle manufacturers
During the investigation, it can be helpful to have aFort Lauderdale personal injury lawyer by your side. They can handle the investigation and gather evidence on your behalf. They may also consult with an accident reconstruction specialist or autonomous vehicle expert to help build your case.
Florida Laws and Liability Considerations
There are a few key laws to consider after an autonomous car accident in Florida. These include:
- Florida’s statute of limitations: UnderFlorida Statutes § 95.11, you generally have two years to pursue a wrongful death or personal injury lawsuit.
- Modified comparative negligence: PerFlorida Statutes § 768.81, if you are greater than 50% at fault, you may not be eligible to recover compensation.
- No-Fault Laws: Florida is a no-fault state, meaning your requiredpersonal injury protection (PIP) insurance typically covers medical expenses and lost wages. However, you are able to step outside of this system forserious injuries.
Steps to Take After Being Injured by a Self-Driving Car
After a self-driving car accident, follow these steps to protect your health and legal rights. These are:
- Seek immediate medical attention at the closet emergency room, such as Broward Health Medical Center
- Report the accident to the Fort Lauderdale Police Department (FLPD) or the Broward County Sheriff’s Office (BSO)
- Document the accident scene by taking photos
- Avoid admitting fault when talking to insurance adjusters or if you are contacted by the manufacturer of the vehicle
- Contact a Fort Lauderdale personal injury lawyer to discuss your legal options
Contact the Law Offices of Wolf & Pravato
Self-driving car accidents can be complex, from proving liability to dealing with aggressive insurance companies. The legal team atthe Law Offices of Wolf & Pravato can help. We’ll take on the entire legal process, so you can focus on recovering.
Contact our car accident lawyers today at (844) 643-7200 and get started with a free consultation.