As autonomous cars become more prevalent, so do accidents involving them. When these types of crashes happen, who can victims hold liable?
Autonomous cars still have operators who can assume control over the vehicle. Drivers have a duty of care whether the car is in self-driving mode or not, and falling asleep or not paying attention behind the wheel could make them liable for accidents. Furthermore, if a self-driving car is equipped with defective software, that could cause a crash, making the automaker or the software designer liable. Regardless, know you still could be entitled to damages, even after an accident with a self-driving car in Maryland.
For help with your case from our Maryland car accident lawyers, call Rice, Murtha & Psoras at (410) 694-7291.
An Example of Who Could Be Liable for an Accident with an Autonomous Car in Maryland
When considering liability for accidents involving autonomous cars, it helps to look at recent cases involving these types of collisions. Self-driving cars may be especially common among rideshare drivers, though this could present an added risk of injury to pedestrians and other drivers on the road. This was evidenced by a recent accident in Arizona involving an autonomous Uber car, which gives some insight into whether or not victims have claims after such accidents and, if so, against whom.
The Accident
On March 18, 2018, Elaine Herzberg was struck by a car while walking across the street in Tempe, Arizona. This car turned out to be an autonomous, or self-driving, Uber. The rideshare company had recently begun to use self-driving vehicles with human operators called “safety drivers.” These safety drivers are there to take control of the car when intervention is needed. However, the majority of the time, the car runs mainly in an autonomous mode. This autonomous mode relies on radar sensors to detect any obstacles. In this specific accident, Herzberg appears in the car’s view a second or so before the collision.
Uber announced in February 2015 that it would begin using autonomous cars. In December 2016, Uber began testing its autonomous cars in Tempe, Arizona. In March 2017, Uber suspended its autonomous fleet in order to investigate the crash involving Herzberg.
The Evidence
As evidenced by video footage, the autonomous Uber, a Volvo SUV, failed to slow down and stop when Herzberg entered its path and crossed the road with her bike. One video, taken from the outside of the car, showed a dark and relatively empty street. This video then shows the Uber colliding with Herzberg, who walked directly in the car’s path.
A second video, taken from the interior of the car, showed the operator of the car occasionally looking at the road but also looking down at times.
At the time that the car struck the pedestrian, the driver appeared to be looking at something in the car and not at the road. The operator of the car also appeared to be shocked when the vehicle struck the pedestrian.
The Claim
Who should be liable for this specific accident is unclear. Some have argued that Uber should be criminally liable because their autonomous car was negligent, and Herzberg’s death was a result of that negligence. This accident has spurred an in-depth discussion on who should be liable when an autonomous car is involved in an accident.
Uber settled a claim with the victim’s family soon after her death, and the operator of the autonomous car pled guilty to endangerment in July 2023 after previously being charged with negligent homicide. While autonomous Uber failing to stop when Herzberg entered its pathway seemed to be a defect in the autonomous car’s software and its ability to detect obstructions, the safety driver also breached their duty of care by failing to remain attentive behind the wheel. This creates a strong argument as to both the liability of the safety driver in the autonomous Uber and the software designer for the autonomous Volvo SUV.
Suing for Accidents with Autonomous Cars in Maryland
When it comes to accidents involving autonomous cars, who you sue will depend on how the crash occurred. For example, if the vehicle’s software malfunctioned and a defect caused the crash, the driver of the car might not be liable, but the automaker might be. However, if the operator could have intervened and failed to, they may bear some or all liability for a victim’s damages.
Suing the Human Driver
Whether a car can be fully autonomous or is simply in cruise control, the driver still maintains a duty of care. For example, suppose the car is driving in a straight path forward and doesn’t register a red light, the operator has plenty of time to regain control and slow or stop the car before entering the intersection, but fails to. In that case, they could be liable for any T-bone accident that resulted. Eyewitness statements can be especially useful evidence in lawsuits involving autonomous cars, as they can identify who had the last clear chance to avoid a collision but failed to out of negligence. Vehicle experts can also be invaluable with the statements they give regarding an autonomous car’s software and block box information.
Suing the Automaker or the Software Designer
When any car accident happens because of a vehicle defect, the automaker or the software designer could be liable. This extends to cases involving autonomous cars that are improperly designed or equipped with effective software, sensors, and artificial intelligence. Not only might victims struck by autonomous cars have claims after such accidents, but the drivers might also have a cause of action against a negligent automaker for any injuries they may suffer.
Suing on Time
In addition to determining the liability party in your lawsuit, our lawyers must file the case on time. Md. Code, Cts. & Jud. Proc. Art., § 5-101 typically gives victims three years to file their car accident lawsuits in court, though tolling exceptions might apply in rare cases. Since lawsuits involving autonomous cars are particularly complicated, the more time we have to prepare your case, the better.
Types of Lawsuits to File for Car Crashes with Autonomous Vehicles in Maryland
A tort is a legal term that can be defined as an act or omission that causes injury or harm to another, resulting in liability. There are three main types of torts: intentional torts, negligent torts, and strict liability torts. If your lawsuit is against the autonomous car’s human operator, it may be a negligence suit. If it is against the automaker, it may be a strict liability suit.
Negligence Lawsuits
If you file a negligent tort, it means you are suing someone because they acted unreasonably unsafe, causing harm to you. For example, if the operator of a self-driving car falls asleep at the wheel, is under the influence, or generally fails to pay attention to the road, that would be a breach of their duty of care. Such negligent acts could prevent them from taking control of a vehicle in time to stop a collision, making them liable.
Strict Liability Lawsuits
On the other hand, strict liability torts refer to situations that are inherently dangerous and make the defendant liable if it can be proven that the tort occurred and that the defendant was responsible for the injury or harm.
Because accident lawsuits involving autonomous cars center around a product, the vehicle itself, a brief understanding of product liability is also required. When someone is injured by a product, the courts will look into whether an issue or defect with the product caused the accident in question.
A design defect is a problem a product’s design that makes that product inherently dangerous. Design defects are inherent, as the problem with the design existed before the product was manufactured. Defects in software for autonomous cars make them dangerous from the get-go putting drivers and others on the road at risk of injury.
Who is Liable for an Uber Accident with an Autonomous Car in Maryland?
If you were injured in an autonomous car as a passenger, such as if you were riding in an Uber during an accident, this could complicate your case even further, and our lawyers can help.
Different parties that could be held liable for an accident caused by an autonomous Uber include the car manufacturer, the company that developed the software controlling the car, and the human operator. Determining who is liable for these types of accidents will likely always be fact-dependent. Generally speaking, victims can’t sue Uber directly for many accidents, as it shields itself by hiring independent contractors who use their own vehicles to drive passengers.
In most car accident litigation, the focus usually turns to whether a driver was acting negligently or did not exercise a reasonable level of care. That said, most car accident litigation involves a human driver who was in complete control of the car, which is not the case in lawsuits involving autonomous vehicles. While our Maryland car accident lawyers will consider the Uber driver’s conduct and if they could have or should have gained control over the vehicle before the collision, we may focus on whether the system made for the self-driving car had a design defect.
Again, in a design defect claim, a plaintiff must prove that a product had an inherent design defect. Regarding autonomous cars, this would likely lead to a plaintiff having to prove that there was a design defect in the software made for the autonomous car, and our lawyers can enlist experts to assist on this front.
So, instead of the driver being legally liable for negligence, the manufacturer of the car and/or software would be liable under a product liability claim for a design defect. This argument goes further when considering that product liability claims can also cover the principle of defective or dangerous products.
Call Our Lawyers to Discuss Your Maryland Car Accident
For a free case analysis from our Maryland car accident lawyers, call Rice, Murtha & Psoras at (410) 694-7291.