Are Manufacturers of Self-Driving Cars Protected from Liability?

Monday, November 7, 2016

Are Manufacturers of Self-Driving Cars Protected from Liability?

Written by Malman Law, reviewed by Steve J. Malman.

Car Accident Attorneys Serving Victims of Self-Driving Vehicles in Chicago

Self-driving vehicles are quickly becoming a reality. Multiple manufacturers have already implemented self-driving-like features on today’s vehicles. Soon, vehicles that drive themselves entirely will be a commonality on the road.

As with all forms of new and old technology, mistakes happen. In May 2016, a man was killed when his Tesla self-driving vehicle failed to recognize a semi-truck while operating in autopilot mode. The company denied liability for the incident, stating it was a software and driver error.

Automakers Rush to Implement Technology Without Oversight

Manufacturers are working quickly to meet the demands of today’s driver. People want to get from one point to another, but without the hassle of driving. The idea of being able to get ready, rest, or even do work while commuting is ideal for today’s overly busy consumer.

As manufacturers rush to bring self-driving technology to consumers, the need for better monitoring is obvious. Unfortunately, automakers do not feel the same. Instead, they are working hard to promote regulations that are more favorable to them.

Automakers Seek Federal Preemption

Right now, automakers of self-driving vehicles are working toward “federal preemption,” which removes a US state law that currently conflicts with a similar federal law. If automakers succeed in preemption, they may have a defense that gives them favorability over consumers when accidents occur in their self-driving vehicles.

Guidelines for Self-Driving Vehicles

The National Highway Traffic Safety Administration (NHTSA) is working on guidelines for automakers of self-driving technology. While it sounds promising, NHTSA has only consulted automakers – not the public or safety committees. So, their guidelines will be based on the information they obtain from these automakers.

For Now, Automakers are Accountable

As of right now, automakers of self-driving vehicles are accountable for accidents that occur in their vehicles. NHTSA has not yet released official guidelines for these vehicles either. Therefore, those who are injured in a self-driving vehicle can use conventional personal injury lawsuits to seek compensation against negligent manufacturers.

If, however, automakers succeed, they could have reduced liability or be free from liability for self-driving accidents in the future. Recalls may also no longer occur because manufacturers will have no reason to recall a potentially defective vehicle if they are not liable for injuries.

Speak with a Car Accident Advocate Today

After an injury in a self-driving vehicle, you deserve an advocate working by your side to hold automakers accountable for their reckless actions. Speak with a car accident attorney at Malman Law today to explore your options. Even though automakers are seeking new legislation to free them from liability, they are still currently liable for injuries caused by their vehicle defects.

Schedule a free consultation with the team at Malman Law today to explore your options. Call us or request your consultation online.