With the rise of self-driving automobiles has come a higher risk of accidents. While the computers and software programs behind these vehicles are sophisticated, they are still prone to error. Crashes also raise questions about manufacturer versus driver responsibility and the role of insurance coverage.
Although this area of law is still emerging, accident victims can seek compensation for their medical bills and other losses. Find out how the Santa Fe, NM personal injury attorneys of Hunt Law Firm can serve you.
Who May Be Liable in an Autonomous Vehicle Wreck?
As with any automobile accident, the identity of the at-fault party (or parties) may be in dispute. The role of an attorney is to investigate the crash and determine who could be to blame. Possible options include:
- The driver: Many vehicles are not fully self-driving and may require the driver to take over in certain circumstances, like poor weather, or to supervise the vehicle’s operation. This opens the door to potential driver negligence.
- Software developer: The vehicle may be under the operation of faulty software, including glitches and bugs that could impair safe operation. Even a seemingly minor defect could cause a major disaster.
- Manufacturer: On the other hand, there could be a problem with the way in which the physical components of the vehicle, including hardware, were designed or installed. These problems could affect self-driving features like sensors or standard parts like brakes.
There may be other liable parties, similar to other car accidents, like negligent employers or restaurants that serve drunk drivers too much alcohol. Your Santa Fe personal injury attorney can review the evidence and identify potential defendants.
Potential Insurance Gaps to Watch For
The automobile insurance policy for a traditional vehicle is likely to be far different from a policy that covers a self-driving vehicle. As hinted at above, there are potentially complex liability issues that may arise in autonomous automobiles. For example, how will the policy determine when human error is to blame versus a software defect?
Put simply, the policy you have on a traditional vehicle is likely inadequate for an autonomous one. Be sure you speak with your insurance company to make sure your coverage is sufficient before purchasing or operating a self-driving vehicle.
Emerging Legal Issues With Self-Driving Cars
As autonomous vehicles become more commonplace in Santa Fe and throughout the United States, state and federal laws are bound to change. They will need to address complex matters like:
- Fault: When a self-driving car crashes and injures someone, is the operator at fault or the software developer? What if the operator failed to update the software or take over the vehicle in bad weather? Legislators and courts will need to draw lines.
- Insurance law: How are safe and risky driving behaviors defined when humans play less of a role in operating the vehicle? How will the insurer account for the hardware manufacturer’s liability?
- Texting while driving and other limits: Under current law, New Mexico drivers cannot text while operating the vehicle. But an autonomous automobile makes distracted driving less problematic. How will limits on texting while driving and other behaviors change?
- Federal versus state action: Federal regulation and legislation of these vehicles are already here. But as states continue to enact their own laws, creating a patchwork of regulations and rules, more federal intervention may be necessary to promote uniformity and clarity.
Steady Legal Guidance in a Changing World
Regardless of how the laws and regulations change, you can count on Hunt Law Firm to stay on top of the most recent developments. It’s just part of our commitment to serving accident victims here in Santa Fe. If you or a loved one have been the victim of an autonomous vehicle crash, connect with our office today for assistance.