Human liability in self-driving vehicle accidents

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Human liability in self-driving vehicle accidents
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The new technology is evolving rapidly, as are the legal landscape and the potential complexities

If I am hit by an autonomous vehicle who is responsible for the accident? It was recently reported that the DMV suspended Cruise cars from shuttling paying customers.

Determining liabilityOne of the fundamental challenges in autonomous vehicle accidents is ascertaining liability. In traditional accidents, human error is often a significant contributing factor. However, the responsibility may extend to the manufacturer, software developers, and the vehicle owner in self-driving car accidents. Legal principles such as strict liability, negligence, and product liability come into play when evaluating fault.

Comparative fault and complexitiesThe complexity of liability in autonomous vehicle accidents becomes even more apparent when two vehicles equipped with varying levels of automation are involved. A straightforward two-party lawsuit can swiftly evolve into a convoluted multi-party legal battle. California’s comparative fault system allows for a more nuanced determination of liability — considering the actions of both human drivers and automation technology — in accidents involving self-driving or semi-autonomous vehicles.

Section 38750 of the California vehicle code provides the legal framework for operating autonomous vehicles in the state. This statute allows for the testing and operation of autonomous vehicles, provided certain conditions are met, including a human operator in the vehicle who can take control if necessary.

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