The future of self-driving cars is not just one of greater convenience but potentially greater safety. One study found that “if AVs [autonomous vehicles] were to be introduced with an average safety level ten percent higher than that of the typical human driver, approximately 600,000 fatalities could be averted in the United States over a span of 35 years.”

However, this increased safety may not be all that it seems. There are still accidents involving autonomous vehicles, and the status quo of regulation regarding self-driving cars is still very nebulous. The technology is still emerging and developing, so many lawmakers do not know how to approach the challenges of regulating autonomous vehicles.

“The goal is, of course, to ensure the safety of drivers on the roads, but lawmakers also don’t want to stifle innovation,” explains James Williams III, Principal at Burnett & Williams, a leading Virginia-based personal injury law firm.

Yet, this lack of regulation also raises an important question: who is responsible for an accident if an autonomous vehicle is involved in a collision? “Liability in vehicle accidents is rarely cut-and-dry, to begin with, and when you add in the extra variable of an autonomous vehicle system, it only becomes more complex,” adds Kimberly J. Raab, an attorney at Burnett & Williams. “Depending on who was negligent in their actions, several parties could be found liable for causing the accident.”

Legal Definitions of Autonomous Vehicles

When the motor vehicle code was last revised, autonomous vehicles were not considered because the technology did not yet exist. As such, it’s unclear whether these vehicles must have a driver.

According to Virginia State law, “vehicles” are defined as “every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of Chapter 8 (§ 46.2-800 et seq.), bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds shall be vehicles while operated on a highway.”

Similarly, Virginia law defines a “motor vehicle” as “every vehicle […] that is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, moped, or personal delivery device shall be deemed not to be a motor vehicle.”

Determining Liability in a Self-Driving Car Accident

In some cases, incidents involving self-driving cars are the fault of a negligent operator. If the operator ignores warning signals or is distracted and does not respond, that driver could be liable for any accidents resulting from their actions.

Conversely, if the accident was caused by a malfunction of physical equipment, such as brakes, or even something directly connected to the vehicle’s autonomous system, like cameras, the liability could fall to the auto manufacturer. Vehicle manufacturers are expected to design, build, and inspect their products according to strict safety standards and regulations — whether the vehicle is autonomous or not — and if they fail to meet these requirements, they could be found responsible for the accident.

However, it is also important to note that the software that operates autonomous vehicles is often designed by an entirely different company than the vehicle manufacturer, which can make it difficult to determine liability in the case of an accident. If a glitch in the software causes an accident, such as the system failing to recognize a hazard, the software company might be considered liable for the incident.

In some accidents, liability may also fall to a third party, most commonly the other driver. Virginia is an at-fault state, meaning the first option for recovering damages in a car accident is the driver whose negligence caused it. For example, if a self-driving car is rear-ended by a distracted driver, the accident is not the operator’s, manufacturer’s, or software’s fault — it is the driver who caused the collision who is liable.

“As is the case with any accident, determining liability in an accident involving a self-driving vehicle requires a thorough investigation of the incident and surrounding circumstances,” Williams explains. “This is why it is important to contact the authorities and a skilled personal injury attorney right away. An attorney will conduct an investigation that includes evaluating evidence and collecting witness statements, which, along with the police report, can help determine who is liable for the damages caused by the accident.”

Pursuing a lawsuit against the liable party in a self-driving vehicle accident will help ensure the victim receives the compensation they deserve for the damages they suffered. “From vehicle repairs to medical bills and pain and suffering, a lawyer can help determine ‌liability in an accident to ensure that the victims of the accident are not left on the hook for something that is not their fault,” Williams concludes.

Although self-driving cars are designed to make the roads a safer place, they are not without their flaws. As powerful as autonomous vehicle technology is, the software can malfunction, the equipment can be defective, or the operator can be negligent, causing a crash. In these accidents, it is vital to understand the factors that caused the crash, as this will allow the victims to get the justice and compensation they deserve.