Why Proposed Autonomous Vehicle Legislation Could Deny Justice to Accident Victims

In Washington, a bill was proposed regarding autonomous vehicle legislation. While it did not pass, there is potential in the future for it to become set into law. Should that happen, it could make it impossible for car accident victims to seek justice.

The automotive industry has grown tremendously through technological advances in recent years. With it, autonomous vehicles have slowly been introduced into specific metropolitan areas. While the intent was to minimize accidents and provide greater convenience in getting around, there have been many concerns regarding liability in such events, potentially leaving injured people more vulnerable than ever.

Opponents of the bill have cited numerous reasons why the proposed legislation for autonomous vehicles is problematic.

No Clear Liability

If an accident occurs, liability may be unclear. Determining who is responsible can be complex as blame may be shifted to the human operator, car manufacturer, or the software developer, especially in semi-autonomous vehicles.

The legislation that was proposed would put the responsibility for a crash in these types of vehicles on the last entity that controlled the software for the AV. That could prove difficult to enforce liability when that entity is a software company in another country. As expert investigation and analysis will be required to examine the software programs propelling these vehicles, the costs will be higher, making it far more difficult to recover compensation for victims.

Inadequate Insurance Coverage

Car insurance policies have not fully delved into self-driving cars, and the policies offered may not cover them. Similarly, payouts for rideshare services may be limited or even unavailable if there were no passengers in the vehicle at the time it crashed.

Denial from Manufacturers

Automotive manufacturers will likely hide behind their legal teams to deny any responsibility, which means accident victims will need to prove a technological failure. That can be a massive challenge without any clear legal precedent or having easy access to the vehicle’s data.

Concerns with Data Access and Transparency

Data must be accessed through consent from the owner, and it may be difficult to get this vital information from the vehicle. Without it, there may be no case.

Lack of Legal Precedents

The laws have not caught up with technology yet, which creates a vast gray area. Courts are still developing standards to determine fault in these types of cases. Since the proposed bill aims to protect the autonomous vehicle industry, something also needs to be done to protect the injured.

Should this bill protecting the autonomous vehicle industry pass, victims would face lengthy legal battles tainted with uncertainty in their ability to recover compensation for the injuries they’ve suffered. With this much complexity in assigning fault, it’s harder to build a strong case, particularly against large automotive manufacturers.

With no clear path to compensation, accident victims could sink into debt while trying to cover their medical expenses and other financial losses. Added to their usual expenses, it’s often too much for most people to bear. Without a settlement from the responsible parties, victims will suffer even more.

The denied justice from such a bill would also trickle down to other road users. Pedestrians and bicyclists are already vulnerable. Should a fully autonomous vehicle hit them, they may not be able to seek legal recourse after an accident. Hence, many are fighting for legislation that looks out for the victims in such scenarios to protect their legal rights.

At this point, fully autonomous vehicles are not available to the general public. Still, many vehicles on the road have driver-assisted features aimed at preventing accidents or mitigating the devastation of one.

If you are hit by one of these vehicles, you should call 911 immediately. The police will assess the scene and document it, though you should take photos of all involved vehicles and any injuries. Don’t assume you’re not hurt if you don’t see any injuries, as the shock of the accident will set off your adrenaline, masking any symptoms. Make sure you get a full medical evaluation, which will also provide medical records as documentation.

After an accident with an autonomous vehicle, it is imperative to speak with a car accident lawyer in Tacoma, WA to determine what to do next. When your injuries are serious or life-altering and you didn’t cause the crash, you should not be saddled with the burden of these expenses.