The same negligence rules apply, but the claim goes against a company instead of a driver. In most cases that is the fleet operator that owns and runs the vehicle, and those companies carry far higher policy limits than an individual motorist. Depending on what went wrong, the vehicle manufacturer or the software developer may share responsibility as well.
Autonomous vehicle fleets are expanding across the country. Companies like Waymo, which already operate in cities like Phoenix, Los Angeles, and Miami, are now coming to New Orleans. These driverless vehicles function like an Uber without a driver, picking up passengers and navigating traffic using sophisticated sensors and artificial intelligence.
It’s both fascinating and a little terrifying. But beyond the novelty, it raises an important legal question: if you’re in an accident with a car that doesn’t have a driver, what do you do? Who is responsible?
The Same Rules Apply, Just Different Players
The good news is that the fundamental principles of accident liability don’t change just because there’s no human driver behind the wheel. The question is still the same: who caused the accident?
In a traditional car accident, if a driver runs a red light and hits you, they’re considered negligent, meaning they failed to exercise reasonable care. You would file a claim against that driver’s insurance company.
The same concept applies to autonomous vehicles. If a driverless vehicle does something negligent, like missing a stop sign, failing to yield, or not recognizing a pedestrian in a crosswalk, there’s still accountability. The difference is in who is held responsible.
Who Owns the Autonomous Vehicle?
Every vehicle on the road has an owner, and that owner is responsible for ensuring the vehicle is properly insured. This is true whether it’s your neighbor’s sedan or a high-tech autonomous vehicle operated by a multi-billion dollar corporation.
If an autonomous vehicle causes an accident, you would pursue a claim against the owner of that vehicle, which in most cases is the company operating the autonomous fleet. These companies are required to carry insurance, often with much higher policy limits than individual drivers.
So while there’s no individual driver to hold responsible, there’s still a clear path to compensation through the vehicle owner’s insurance.
Who can be held responsible after a driverless car crash?
Depending on the circumstances of your accident, several parties might bear responsibility:
The Fleet Operator
Companies like Waymo that own and operate autonomous vehicle fleets are the most obvious defendants. They’re responsible for the safe operation of their vehicles, including proper maintenance, software updates, and ensuring the technology works as intended.
The Vehicle Manufacturer
If the accident was caused by a defect in the vehicle itself, whether in its physical components or its autonomous driving system, the manufacturer could be held liable under product liability law.
Software Developers
In some cases, third-party companies develop the software that controls autonomous vehicles. If a software defect caused the vehicle to malfunction, the software developer might share liability.
What should you do if a driverless car hits you?
The steps you should take after an accident with an autonomous vehicle are similar to any other accident:
- Call 911 and report the accident
- Seek medical attention, even if you feel fine
- Document the scene with photos and video
- Get information about the vehicle, including any identifying numbers or logos
- Contact a personal injury attorney experienced with complex liability cases
The main difference is that there won’t be another driver to exchange information with. Instead, you’ll need to identify the company that operates the vehicle and document everything you can about the autonomous vehicle itself.
Why These Cases Require Experienced Legal Help
Autonomous vehicle accident cases can be more complex than traditional car accidents. You’re not dealing with an individual and their personal insurance company. You’re likely going up against a large corporation with significant legal resources.
These companies will have teams of lawyers ready to defend them. They’ll argue their technology worked properly, that you were at fault, or that your injuries aren’t as serious as you claim. You need an attorney who understands how to investigate these cases, preserve the digital evidence that may exist in the vehicle’s systems, and hold these companies accountable.
Injured by an Autonomous Vehicle? We Can Help.
As autonomous vehicles become more common on Louisiana roads, accidents involving these vehicles will increase. At Inzina Law, we stay current on emerging areas of personal injury law so we can effectively represent clients in all types of accident cases.
Liability in a driverless collision is still unsettled, and our Lafayette car accident attorneys can look at who may be responsible for your crash.
If you’ve been injured in an accident involving an autonomous vehicle, or any other type of vehicle accident in Louisiana, contact us today at (337) 347-7177 for a free consultation. Our family is ready to fight for yours.
