Once confined to the realm of science fiction, self-driving cars are quickly becoming a reality. Companies like Google and Tesla continue to drive advancement of automated vehicle technology, while traditional car manufacturers like GM are rapidly adding autonomous driving features and have filed a patent application for an autonomous vehicle that would replace driving instructors.

While the prospect of a self-driving car raises exciting possibilities for both convenience and safety, it also raises important legal and ethical questions about how self-driving cars will respond in an emergency and who would be responsible in an accident involving a self-driving car.

Muth Law, P.C., is positioned as an industry leader in the rapidly changing field of liability for autonomous vehicle accidents and is poised to provide comprehensive and cutting-edge legal representation in this new area of the law. No matter how technological advances change our lives, we remain committed to providing our clients with sound advice and zealous legal advocacy.

Understanding the Levels of Autonomy in Self-Driving Cars

Driver-assist technology is quickly becoming standard in many newer vehicles. They alert drivers who drift outside of their lane, provide automatic braking to help avoid collisions, and discourage distracted driving practices. Driver assist features also include parking assistance and adaptive cruise control, but require that the driver remain largely in control of the vehicle.

Using a scale developed by the Society of Automotive Engineers (SAE), the Department of Transportation classifies self-driving cars according to their degree of autonomy.

• Level 0 - No automation. The vehicle is entirely manual but may include some automation features like emergency braking, forward collision warning, and lane departure warnings.
• Level 1 - Driver assistance. Introduces automation features like automated cruise control. Braking and steering tasks remain within the driver’s control.
• Level 2 - Partial automation. Self-driving features may control steering and acceleration, but the driver must be available to take control at any time.
• Level 3 - Conditional automation. Self-driving technology can handle basic driving tasks but the driver must take control when required by the self-driving system.
• Level 4 - High automation. The self-driving vehicle handles all driving tasks in most driving conditions with little need for manual override.
• Level 5 - Full automation. Autonomous driving technology makes all driving decisions. The vehicle may not even include steering wheels or brake pedals. This technology is still being tested and currently is not available to the public.

Driver Responsibility in Autonomous Vehicle Accidents

For vehicles currently on the road, even those with a high degree of automation, the human driver is still expected to remain attentive and intervene when necessary to avoid a collision. Even when driver-assist technology is available and engaged, the driver can still be held liable for their role in causing a car accident. However, in the future, determining the driver’s role in causing a collision could be complicated by autonomous driving technology.

In the typical two-vehicle car accident, liability is determined by analyzing who was at fault for causing the accident. But in an autonomous vehicle accident, proving liability could be much more complicated. Depending on the technology involved, assessing liability could expand to include vehicle manufacturers, software designers, programmers, engineers, and others involved in creating and implementing the technology that allows a vehicle to drive autonomously. Determining liability could involve questions about the autonomous vehicle’s programming and the extent to which the programming or hardware contributed to the accident.

Who Is Liable in an Accident Involving Self-Driving Cars?

Even though fully automated vehicles are not yet a reality, technology is quickly evolving and self-driving vehicles will soon become available. In the future, to determine liability in an accident involving a self-driving car, lawyers and insurance claims adjusters will likely need to evaluate whether the automated driving system was engaged, the extent of the driver’s obligation at the time of the collision, and whether the automated driving system failed in some way.

Determining fault could require a massive data collection effort and a complex analysis of vehicle sensors, monitoring equipment, and vehicle response systems. If the automated system was to blame, the claim may fall under product liability law, where an injured person would need to prove there was a product defect, establish the scope of the product’s expected use, and prove the defective product caused their injuries.

Ethical Questions Posed by Self-Driving Vehicle Technology

In addition to questions of legal liability, self-driving vehicles raise important ethical questions. Vehicles will need to be programmed to make split-second decisions to avoid accidents. But how will the program respond when faced with two undesirable outcomes? Questions like these pose serious ethical considerations about a vehicle’s decision-making algorithms and who should bear responsibility for the consequences of those decisions.

Muth Law: Committed to Providing Zealous Legal Representation

Michigan law is still catching up to rapid changes in self-driving vehicle technology. Insurance companies must also contend with liability for accidents involving self-driving cars. The legal and regulatory framework will need to evolve to address these developing trends. Lawmakers, regulators, and legal experts will be called upon to establish clear guidelines to address the legal and ethical implications of liability for autonomous vehicle accidents.

Muth Law is an industry leader in personal injury law and is at the forefront of this emerging technology. No matter the technological changes, we remain committed to providing zealous legal representation to people injured in autonomous vehicle accidents throughout Michigan.

Injured in a Michigan Car Accident? Contact Muth Law Today.

Muth Law proudly represents people in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please call us at 734-481-8800 or fill out our online form to schedule a free, confidential consultation. We look forward to serving your family.