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Who cops the blame if you’re hit by a self-driving car?
With the growing popularity of self-driving cars and semi-autonomous vehicles hitting the road in Australia – what happens if you’re hit by a car that no one is driving?
Kace O'Neill
It’s a confusing conundrum when someone is hit by a self-driving car, especially when, technically, no one was driving the car. It’s a situation that Slater & Gordon’s head of work and road claims, Bree Smith, believes requires awareness of one’s legal right pertaining to a potential collision.
“As of now, fully autonomous vehicles are not yet legal for public use in Australia, with their operation limited to controlled trials and testing scenarios. However, semi-autonomous features, such as Tesla’s Autopilot, are available and in use by many drivers.
“In traditional vehicle accidents, liability typically rests with the driver who was legally deemed ‘at fault’; however, the introduction of autonomous systems complicates this,” Smith said.
According to Smith, if you are in an accident with a self-driving or semi-autonomous vehicle, the following applies:
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The human driver is typically held responsible, as they are expected to supervise the vehicle’s operation and intervene if needed.
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If a defect in the vehicle’s automated system contributed to the accident, there may be grounds to pursue a product liability claim against the manufacturer.
“To prove the fault was with the car, this would involve demonstrating that the vehicle’s automated features malfunctioned or failed to perform as intended, leading to the collision,” Smith said.
As it stands, however, there is currently no uniform legislation across Australia specifically addressing accidents involving autonomous vehicles – although safety regulations are largely managed at the state and territory level.
Despite this, the federal government is reportedly actively developing legislation that will facilitate the safe integration of autonomous vehicles on Australian roads by 2030.
“In incidents involving semi-autonomous vehicles, there are many questions regarding whether the human driver or the vehicle’s automated system is responsible. Semi-autonomous vehicles are classified as level 2 automation and require human drivers to remain engaged and ready to take control when necessary,” Smith said.
“The most important question will be determining who made the decision that caused the accident, the person or the car.”
Although self-driving car enthusiasts vow that these technological feats offer passengers more safety, a recent study from the University of Central Florida found that in low-light conditions, self-driving cars are five times more likely to be involved in an accident compared to traditional cars.
Smith pointed out a few ordeals in relation to semi-autonomous or driverless cars, which has highlighted the inadequacies associated with them.
“We’ve all seen the stories on the news, where a semi-autonomous car or driverless car has locked someone inside. Most recently, a driverless taxi in Arizona trapped a passenger in it and made continuous loops of the airport carpark, nearly making him miss his flight. Also, in Arizona, a driverless taxi pulled into oncoming traffic after seeing some construction in the area,” Smith said.
“Or, in San Francisco, a woman who was hit by a car and flung into the path of a driverless one. She was then trapped underneath a driverless car when its brakes engaged quickly and stopped on top of her. We can assume it will be a matter of time before fully autonomous cars are on our roads.”
“As autonomous vehicle technology continues to evolve, so too will the legal frameworks governing their use, and it’s something we all need to be aware of.”
