888-815-3649
The law provides for those who have been injured in a car accident to possibly collect monetary compensation for their injuries. This includes crashes involving self-driving (autonomous) vehicles. However, when a self-driving vehicle causes an accident, the question of who should be sued becomes more complicated.
If you were injured in an accident involving a self-driving car, it is a good idea to hire a professional and knowledgeable personal injury attorney to help. Rosenblum Law has the best personal injury attorneys ready to take on the case and will fight hard in court for the best outcome possible for those who have suffered injuries.
Overview of Personal Injury Law
Personal injury law is designed to compensate victims injured by another’s negligent actions, while also deterring the unsafe behavior that may have caused the injury. If someone has been injured by another person, they may have the option of filing a personal injury claim in court. This includes someone who is injured by a self-driving car.
In order to obtain compensation from a personal injury claim, the plaintiff needs to prove the following elements:
- Duty of care: The defendant had a legal duty to act with reasonable care towards the plaintiff.
- Breach: The defendant failed to act in accordance with the reasonable care standard.
- Causation: The defendant’s breach of the duty of care caused the injury to the plaintiff.
- Damages: The defendant’s breach of the duty of care resulted in actual loss or harm to the plaintiff. This can include physical injuries, medical expenses, property damage, emotional distress or loss wages.
Personal Injury Law and Self-Driving Car Accidents
Personal injury law can be complicated when it comes to self-driving cars. This is primarily because it is not always clear who should be held liable for injuries caused in self-driving car accidents.
If human error played a role in causing the accident, then the driver may be liable. However, if some type of manufacturing defect caused or contributed to the accident, then the manufacturer may have some liability.
Who Is Liable in a Self-Driving Car Accident?
In order to determine fault, the specific circumstances of the self-driving car accident must be considered. Complexities involving the manufacturer, software, and vehicle maintenance can make litigating an autonomous vehicle accident challenging.
Depending on the circumstances, key parties that can potentially be held liable in a self-driving car accident include:
- The vehicle manufacturer, if design or manufacturing defects contribute to the accident.
- The software developer(s), if software glitches or decision-making errors contribute to the accident.
- The vehicle owner or operator, if human error contributed to the accident or if maintenance was neglected.
- Other parties, if parts manufacturers and other third-party vendors were negligent.
Although autonomous vehicles can drive themselves, the human driver has a responsibility to remain engaged even when the self-driving function is being utilized. If it turns out that the human driver was not engaged and paying attention, they may be liable for the accident.
If the human driver was attentive and the accident was caused by the actions of the autonomous vehicle itself, the liability may lie with the car manufacturer. When design or manufacturing defects lead to the accident, the manufacturer may be held liable.
Similarly, in the case of software glitches or errors, the software developer may be at fault. It may even be possible that a specific part is faulty and caused the accident. This could mean the manufacturer for that specific part may have some liability.
Another potential source of liability may come from inadequate vehicle maintenance. If the vehicle owner’s failure to perform proper maintenance caused the accident, then the liability may fall on the vehicle owner. If the accident was a result of negligence on the part of an auto mechanic, then the auto mechanic may be found liable.
How a Lawyer Can Help Determine Liability
A personal injury attorney can help to determine which parties should be named as defendants in a personal injury lawsuit involving a self-driving car. The attorney can work with technical experts who can analyze the circumstances and vehicle data to see how well the vehicle was working at the time of the accident. This can include looking at software logs and other technical records.
The attorney can also take a look at the vehicle’s maintenance history and other records. In addition, witness testimony may be obtained to provide more insight into exactly what happened.
Using all of this information, the attorney can determine which parties may be held liable for damages based upon applicable law.
Types of Personal Injury Damages Available in Self-Driving Car Accidents
There are various types of personal injury damages a plaintiff can sue a defendant for. The following are the various types of damages that may be available.
Compensatory Damages
One type of damages a plaintiff may be entitled to is compensatory damages. These damages are meant to compensate for actual losses that the plaintiff suffered as a result of the self-driving car crash. Compensatory damages can include:
- Medical Expenses: Past, current, and future medical bills related to injury
- Lost Wages: Compensation for income lost due to injury recovery time
- Property Damage: Reimbursement for vehicle damage and other personal property
- Pain and Suffering: Non-economic damages for physical pain and emotional distress
Punitive Damages
Another category is known as punitive damages. These are applied in cases of gross negligence or reckless disregard for others’ safety by manufacturers, developers, or motorists. For example, if a self-driving car manufacturer knew that the software in one of its vehicles was dangerously defective and did nothing about it, this could be grounds for punitive damages.
Punitive damages are not based upon reimbursement for actual damages or losses sustained but are instead aimed at punishing the defendant in an attempt to dissuade similar reckless behavior in the future. They are rarely awarded in personal injury cases.
Comparative Fault in Self-Driving Car Accidents
When more than one party is deemed to be at fault in an accident, the state’s comparative fault laws will determine how damages are awarded. The state of New York’s comparative fault law allows a plaintiff to receive damages even if the plaintiff is partially at fault. However, the plaintiff’s award will be reduced by the degree the plaintiff is responsible for contributing to his or her own injuries. Therefore, as long as the plaintiff is not found to be 100% at fault, the plaintiff can collect some damages from the defendant. New Jersey state comparative fault laws operate differently. In New Jersey, if the plaintiff is found to be more than 50% at fault, they will not receive any damage award. If the plaintiff is 50% or less at fault, the damages awarded will be reduced based on the proportion the plaintiff is at fault.
Steps to Take if Injured by a Self-Driving Car
After being involved in a crash with a self-driving vehicle, it is important to take certain steps immediately in order to improve your chances of success in a personal injury case.
1. Seek Immediate Medical Attention
It is important to seek medical attention immediately after the incident. This ensures one obtains needed treatment promptly for injuries. Also, this can help to document injuries which can later be used as evidence in court.
2. Report the Accident
Report the accident to the appropriate authorities right away and file any necessary accident reports. This documentation from law enforcement and other authorities can be used as evidence in the litigation process.
3. Gather Evidence at the Scene
Take photos and collect eyewitness information to be utilized as evidence for a future personal injury court case.
FAQs
This depends on the circumstances. Some liability may lie with the driver, vehicle owner, manufacturer, software developer, or auto mechanic.
Yes, it is possible that you have a case against the self-driving car company if the design or manufacturing of the car contributed to the collision.
You can recover compensatory and possibly punitive damages, although the latter are not common.
Yes. If your negligence contributed to your injury, your potential reward may be reduced or even eliminated completely.
It is best to hire a personal injury attorney who knows how the law applies to self-driving vehicle accidents.
In New York, you have three years to file the lawsuit. In New Jersey, you have two years to do so.
New York and New Jersey have no additional insurance requirements for self-driving cars that are not fully autonomous. In the state of New York, in order to obtain a permit for a fully autonomous vehicle for testing purposes, you would need a $5 million insurance policy.
There are two methods utilized for calculating pain and suffering in autonomous vehicle injury cases: the multiplier method and the per diem method. The multiplier method takes the total medical bills and multiplies that amount by between 1.5 and 5, depending on a variety of factors. The per diem method assigns a dollar amount to every day the plaintiff had to endure physical and mental effects of the injury.
You should seek medical attention, gather evidence at the scene, report the accident, and hire an attorney.
Call Rosenblum Law Today
Personal injury lawsuits involving self-driving cars in New York and New Jersey can be more complicated than an average car accident case. This largely has to do with the complexities of determining which party or parties may be liable for damages from an accident while the self-driving function of the vehicle is engaged. There is also the challenge of gathering evidence that may be more technical in nature due to the advancements in technology around self-driving cars.
The complex nature of self-driving collision cases requires an attorney who has expertise in not only personal injury law but also in how the law applies to autonomous vehicles. Rosenblum Law has some of the best personal injury lawyers with expertise in self-driving car cases. Contact Rosenblum Law to schedule your free consultation.
Last updated: Mar 12, 2025
