Who’s at Fault in an Autonomous Vehicle Accident in Wisconsin?
Who’s Liable When a Machine Makes a Mistake on the Highway?
Were you injured in a car accident that involved an autonomous vehicle? Was the accident due to mechanical failure? If so, establishing fault and liability can be difficult, as several potential factors can contribute to an accident.
In this blog, we look at all possible causes of your autonomous vehicle accident and who may be liable for your injuries and other damages.
You’ll learn what an autonomous vehicle is, how it works, and why it’s a liability on the highway. We also discuss what to do in a car accident and how your Wisconsin personal injury lawyer can help file a claim and win your case.
What Is an Autonomous Vehicle?
Autonomous vehicles use sensors, cameras, and AI technology to drive without human control. The sensors and cameras scan and interpret the car’s surroundings and send the scanned information to onboard car controls, such as steering, acceleration, and braking, to guide the vehicle on the road.
Five key features of autonomous vehicles include:
- Sensors: Cameras, radar, and LiDAR to detect surroundings
- AI and Machine Learning: For decision-making and navigation
- GPS and Mapping: For precise location tracking and route planning
- Vehicle-to-Vehicle Communication: To share data with other cars
- Actuators: To control steering, acceleration, and braking automatically
Autonomous vehicles are a safety risk when the technology doesn’t work. Even when the vehicle does work, it struggles to navigate the road in unpredictable scenarios or when making difficult split-second decisions. Human drivers may also over-rely on automation and become worse drivers with poor alertness and slower reaction times.
Self-driving rideshare apps like Waymo may experience technical failures and can be vulnerable to cyberattacks. Apps like Waymo have demonstrated numerous problems like software recalls, chronic honking, mapping issues, and collisions.
As a result of these issues, the future of autonomous vehicles is uncertain. Manufacturers have made strides in the technology through 5G technology, machine learning, driver drowsiness detection, and reinforcement learning. However, public perception, resistance from insurance companies, and fluctuations in collisions over the past three years have created hurdles in production and growth.
Who Is Liable When an Autonomous Vehicle Accident Occurs?
It can be difficult to pinpoint liability in a car accident that involves an autonomous vehicle because there are numerous parties involved. Liable parties may include:
The Car Manufacturer
The risks of an autonomous vehicle are self-evident. Compliance with safety standards does not diminish the risk. Therefore, the manufacturer is liable if an accident occurs due to a mechanical or software defect. In a case like this, your Wisconsin car accident attorney would hold the manufacturer liable for the crash.
Third-Party Developers or Manufacturers
Manufacturers often outsource autonomous AI or software development to third parties. If your attorney can demonstrate that the software failed, you may be able to file a claim against the developer for damages. The same is true for any mechanical component in the car. Your lawyer could file a claim against a third-party part manufacturer.
Repair Shops
Improper maintenance or repair of parts or software could compromise the vehicle’s safety on the road. If an accident occurs and the repair technician is at fault, they may be liable for your damages. You could file a claim against the technician or the repair shop.
The Other Driver
Negligence is often a leading contributing factor in any car accident. If a driver depends too much on the autonomous features of their vehicle, they put everyone else at risk. The driver may not have been paying attention or allowed the car to drive when the accident occurred. If so, they may be liable for your injuries.
Road Crews
Your Wisconsin personal injury attorney may be able to file a claim against government road planners or a city road crew. Autonomous vehicles rely on mapping data for navigation. If the data is outdated or road conditions were unsafe for the vehicle, you may be able to seek damages from the government or contractors who were tasked with designing, building, or maintaining the road.
How to Establish Liability in an Autonomous Vehicle Accident
Once your car accident attorney takes on your case, the first item on the checklist is establishing who or what caused the accident. From there, they can gather evidence from the crash to determine fault and liability.
Your legal team can establish fault by:
- Hiring an expert to inspect the car’s equipment or software for defects
- Hiring an accident reconstruction expert to recount the event
- Speaking with eyewitness at the scene
- Obtaining the official police report
- Viewing photo and video footage of the accident
- collecting medical records related to your injury and treatment
Your attorney will conduct a thorough investigation to support the claim that the autonomous vehicle or its driver was at fault for your injuries. They will engage the manufacturer, insurance company, or other related parties to negotiate a fair settlement on your behalf. If necessary, your attorney will file a lawsuit and represent you in court to protect your rights and ensure you receive compensation for your losses.
Remember: According to Wis. Stat. § 893.54(1m), you must file a personal injury claim in Wisconsin three years from the car accident date, so don’t delay. Consult a car accident attorney right away to maximize your chances of getting full compensation.
Contact Us Today for a Free Case Review
If you’re injured in a car accident and an autonomous vehicle is involved, you may be entitled to receive fair compensation for your medical bills, lost pay, or other damages. Contact our personal injury law firm to get started with your car accident case.
Fill out our online form or call Brian Hodgkiss Injury Lawyers for a free case review from one of our Wisconsin personal injury lawyers.