Determination of Liability: Autonomous Vehicle Accidents

Introduction

In the coming years, autonomous vehicles (“AV”) are likely to roam Canadian roads in growing numbers.

Although this may be exciting for drivers, the question of liability can be of concern for many.

To start with, an autonomous vehicle refers to a vehicle that is capable of sensing its environment and navigating roads without the need for a human driver.?

If an AV is involved in an accident, who should be held accountable??

Should it be the owner of the vehicle, the manufacturer, or the company responsible for programming the AV's software?

Determination of Fault

In a traditional vehicle accident, the fault is typically assigned to one of the drivers involved, based on factors such as reckless driving or failure to follow traffic laws.?

In a very simple example, if Driver A’s vehicle collides with Driver B’s vehicle due to his or her fault such as violating traffic laws, Driver A will be responsible for the accident.

However, in the case of an AV, there may be multiple parties involved in the operation of the vehicle.

For example, the owner of the AV may not be actively driving the vehicle at the time of the accident.?

Instead, the AV may be operating in fully autonomous mode, with no human intervention.?

In this case, determining fault becomes more difficult, as the traditional concept of a "driver" no longer applies.

Another reason why accidents involving AVs can be challenging to allocate responsibility for is that the cause of the accident may not always be clear.

If you have an AV malfunction leading to an accident, it may be difficult to determine whether the fault lies with the manufacturer of the AV, the company responsible for programming the AV's software, or some other factor.

When dealing with an accident involving an AV, it’s important to consider all of the factors involved in the operation of the AV and how they may have contributed to the accident.

Unfortunately, the investigation required in determining fault in the context of AVs can be complex, highly technical, and quite costly.

Allocation of Liability Possibilities

Responsibility may be allocated in several ways when dealing with accidents involving AVs.

The first possibility is to assign liability in the same way that it is currently assigned in accidents involving traditional, human-operated vehicles.?

In this context, the person or entity at fault will be held responsible for the damages or injuries caused by the accident.

Another approach is to assign liability to the manufacturer of the AV.?

This would shift the focus from "individual fault" to the overall safety of the vehicle.?

Under this approach, if an AV is involved in an accident, the manufacturer would be held responsible for any damages or injuries that occurred, regardless of the specific circumstances of the accident.

However, it is important to consider that accidents involving AVs may not always be the fault of the vehicle itself.?

For example, if an AV is involved in an accident due to the actions of another driver, the manufacturer of the AV may not be at fault.

A third possibility is to develop a new system of liability specifically for AVs.?

This could involve a combination of the approaches described above, or some other approach that takes into account the unique characteristics of AVs.

Possible Legal Claims

If a person is involved in an accident with an AV, they may have the option to file legal claims for damages or injuries sustained in the accident.?

In some jurisdictions, drivers will get compensated based on their automobile insurance coverages while in other jurisdictions, drivers may have the ability to file a lawsuit against the at-fault driver.

As such, the specific types of legal claims that can be filed will depend on the circumstances of the accident and the laws in the jurisdiction where the accident occurred.

From a general perspective, here are some potential legal claims that may be filed in an accident involving an AV include:

• Breach of contract claims: If an AV causes damage to a person or a person’s property, a person may file a breach of contract claim based on product liability to the extent the claimant had a contractual relationship with the manufacturer. This can may be a challenging type of claim to pursue particularly if the contract limits the manufacturer's liability.
• Extracontractual claims: If a person does not have a contractual relationship with the AV manufacturer (a third party) and suffers damages or is injured, they may be able to file extracontractual claims (claims in tort outside of Quebec) against the manufacturer or other parties involved. The claim can be based on poor product design, faulty programming, or other product defects affecting the AV.

There may be other types of claims that can be filed depending on the nature of the accident, the circumstances, and the applicable laws.?

It’s important to contact a qualified attorney to evaluate the legal implications relating to accidents involving AVs.

Takeaways?

The liability issue surrounding AVs is a complex and important one that will require careful consideration as AVs become more prevalent on roads around the world.?

Determining fault in accidents involving AVs can be more challenging than in traditional vehicle accidents due to the potential for multiple parties to be involved in the operation of the AV and the possibility of malfunctions or other factors contributing to the accident.

Clear guidelines and regulations for the use and operation of AVs will be essential to ensure the safety of all road users.

I hope this article helped shed some light on this topic. Feel free to reach out to me if you have any questions or comments on this topic.