The rise of self-driving cars and advanced driver-assistance systems (ADAS) introduces new complexities to Michigan’s roadways. When an accident involves a vehicle with autonomous features, determining who is liable can be far more intricate than in a traditional auto accident. At The Joseph Dedvukaj Firm, P.C., we leverage over 30 years of experience in complex motor vehicle accident claims to help those injured understand their rights and pursue maximum compensation. We are prepared to investigate these cutting-edge cases and hold negligent parties accountable—you pay nothing unless we win.
Self-driving car technology, including systems often marketed as “Autopilot” or “Full Self-Driving,” is evolving rapidly. While promising enhanced safety, these technologies are not infallible and present unique dangers. An accident involving an autonomous or semi-autonomous vehicle can result in serious personal injuries or even wrongful death. Establishing liability requires a deep understanding of both Michigan auto law and the technology involved.
If you’ve been injured in an accident involving a self-driving car, contact our office for a free, no-obligation consultation to discuss your case.
Potential Liable Parties in a Self-Driving Car Accident
Unlike traditional car accidents where liability often falls on one or more negligent drivers, self-driving car accidents can involve a wider range of potentially responsible parties:
- The Vehicle Manufacturer: If the accident was caused by a defect in the vehicle’s design, sensors, software, or hardware, the manufacturer could be held liable under product liability principles. This includes flaws in the autonomous driving system itself.
- Technology/Software Developers: Companies that design or supply the artificial intelligence, algorithms, sensor technology, or other critical software components for the autonomous system may be liable if their technology fails or malfunctions.
- The “Driver” (Human Operator): Even in a self-driving car, a human driver may still bear some responsibility. If the system required human oversight or intervention, and the driver was negligent in their monitoring, failed to take over when necessary, or misused the technology, they could be at fault.
- The Vehicle Owner: If the owner failed to properly maintain the vehicle, update software as required, or used the autonomous features in a prohibited manner, they could share liability.
- Other Negligent Drivers: A self-driving car can still be struck by a conventionally driven vehicle operated negligently (e.g., a drunk driving accident, distracted driver).
- Maintenance and Repair Companies: If improper maintenance or repair of the autonomous systems or related vehicle components contributed to the crash, the service provider could be liable.
- Third-Party Entities: In some cases, issues like inadequate road maintenance (road defect injury) or faulty traffic signals could contribute to an AV accident, potentially implicating government entities or contractors.
Investigating these accidents often requires specialized knowledge to analyze vehicle data recorders (“black boxes”), software logs, and sensor data. NHTSA has even ordered crash reporting for automated vehicles to better understand these incidents.
Michigan’s No-Fault Law and Self-Driving Car Accidents
Michigan’s no-fault insurance system still applies to accidents involving self-driving cars. This means:
- Personal Injury Protection (PIP) Benefits: Regardless of who is at fault, your own auto insurance policy (or that of a household relative, or the Michigan Assigned Claims Plan) will cover your medical expenses, a percentage of lost wages, and replacement service expenses up to your policy limits.
- Property Damage: Property Protection Insurance (PPI) benefits through the at-fault party’s insurer (if applicable, or your own collision coverage) would cover damage to property.
- Lawsuits for Additional Damages: You can step outside the no-fault system and sue the at-fault party (which could be a manufacturer, tech company, or human driver) for non-economic damages (pain and suffering) if you’ve suffered a “serious impairment of body function” or permanent serious disfigurement. You can also sue for excess economic losses not covered by PIP.
The complexity arises in identifying the truly “at-fault” party when technology is a primary factor. This is where an experienced attorney becomes crucial.
Statute of Limitations in Michigan
As with other auto accidents, Michigan law provides up to three years from the date of the accident to file a lawsuit against the at-fault party for injuries. For no-fault PIP benefits, you must file an application with the appropriate insurance company within one year of the accident. Missing these deadlines can mean losing your right to compensation.
How a Self-Driving Car Accident Lawyer Can Help
The legal landscape surrounding self-driving cars is still developing. An attorney from The Joseph Dedvukaj Firm, P.C., experienced in complex vehicle litigation can:
- Conduct a Thorough Investigation: We work with automotive technology experts to analyze vehicle data, software performance, and sensor logs to understand how and why the accident occurred.
- Identify All Liable Parties: We meticulously examine the roles of the vehicle manufacturer, software developers, human operator, maintenance providers, and any other potentially negligent entities.
- Navigate Complex Product Liability Claims: When defective design or manufacturing is suspected, we have the resources to build a strong product liability case against large corporations.
- Handle Insurance Company Negotiations: We will deal with all involved insurance companies, protecting you from attempts to unfairly assign blame or undervalue your claim.
- Represent You in Court: If a fair settlement cannot be reached, our seasoned trial lawyers are prepared to litigate your case aggressively.
- Maximize Your Compensation: We pursue all available damages, including medical expenses, lost income, property damage, and pain and suffering, to ensure you receive the full compensation you deserve.
Injured in an Accident Involving a Self-Driving Car? Contact Us.
The question of “who is liable in a self-driving car accident in Michigan” requires a sophisticated legal approach. If you or a loved one has been injured, contact our officeto speak directly with a knowledgeable Michigan lawyer. Your initial consultation is free, and there’s no obligation. Call us at 866-HIRE-JOE today.
Frequently Asked Questions About Self-Driving Car Accident Liability
Accidents involving autonomous vehicles raise many questions. Here are some common concerns:
If a self-driving car causes an accident, who is usually at fault?
It’s complex and depends on the specifics. Liability could fall on the vehicle manufacturer (for defects), the technology/software provider (for malfunctions), the human “driver” (if they misused or failed to supervise the system correctly), the owner (for improper maintenance), or even another driver. A thorough investigation is essential.
What if I was a passenger in a self-driving car that crashed?
As a passenger, you would typically file a claim for No-Fault PIP benefits through your own auto insurance, a resident relative’s policy, or the policy covering the AV you were in. You might also have a claim against any at-fault parties (manufacturer, tech company, human operator of the AV, or driver of another vehicle) for pain and suffering if you meet the injury threshold.
How does Michigan’s No-Fault law apply if an autonomous system fails?
Your PIP benefits for medical expenses and lost wages are paid by your own insurer regardless of fault, even if the AV system’s failure caused the crash. To recover damages for pain and suffering, you would need to prove that a party (e.g., the manufacturer due to a defect) was negligent and that this negligence caused your serious impairment of body function.
What kind of evidence is important in a self-driving car accident case?
Evidence can include data from the car’s event data recorder (EDR or “black box”), software logs, sensor data, information on system updates, manufacturer statements about the technology’s capabilities and limitations, police reports, witness testimony, and expert analysis of the autonomous system.
Why do I need a lawyer specializing in these types of accidents?
Self-driving car accident cases involve intricate technology and evolving legal precedents. An attorney with experience in both auto accidents and product liability, and who understands how to investigate these technologically advanced cases, is crucial. They can identify all potential defendants (which may include large corporations) and navigate the complexities of proving fault. At The Joseph Dedvukaj Firm, P.C., we have the resources and expertise to handle these challenging claims.