In the United States, the National Highway Traffic Safety Administration (NHTSA) credits drunk driving and speeding as the major causes of tens of thousands of fatal crashes per year. Robotaxis, also known as autonomous, driverless and self-driving taxis, offer traditional taxi and modern ride-sharing services without the need for a human driver to work controls behind the wheel.
Supporters of this technology believe that the removal of a human driver can reduce accidents caused by human-only incidents. For example, drivers often become distracted from sudden fatigue, impatience with congested traffic, a cellphone or a relationship or act in risky ways because of substance abuse. Read on to learn more…
Why Do Safety Concerns Exist?
Many people are rightfully worried about the technology. Computer errors happen every day to people from all walks of life. People worry about robotaxi system failures that might cause a serious crash. They also worry that some passengers won’t take enough precautions to protect their lives during travel because they naively trust the tech.
Manufacturers haven’t been able to allay these concerns. Some vehicles have stopped for no reason in the center of crosswalks and intersections, crashed into emergency vehicles and pedestrians, and failed to handle driving through and parking properly in congested urban areas. In many cases, only a human operator or safety driver as a backup saved lives. In other cases, robotaxi accidents caused injuries and deaths.
Who Is Liable for a Crash?
When a human primarily drives and performs other tasks in a low-automation robotaxi, the driver is usually held responsible, as long as passengers, pedestrians or others in the crash didn’t behave negligently. As the automation increases and the taxi stops needing a human to drive efficiently, most experts agree that the liability in a robotaxi accident may pass to the developer of the automation software, the manufacturer of the vehicle and possibly the owner, as dictated by the laws in the state where the accident takes place.
Liability in a crash also depends on the scenario. For example, if the car has a backup or safety driver and the vehicle fails to provide that driver with a warning, then the developer and manufacturer are typically liable. If the driver fails to register a warning because of negligence, then they’re primarily liable. If an individual or company owns the taxi, they’re usually liable as well. Other possible people liable in a robotaxi crash scenario include anyone who might have caused the crash from inside or outside the vehicle (i.e., passengers, other drivers, pedestrians, bicyclists, parked vehicle owners and delivery people) and any service providers that guaranteed prior vehicle maintenance and repair work.
Steps to Making a Claim
As with manual motor vehicle accidents, a victim must talk to police. Afterward, they make a claim against the party or parties they hold responsible for an accident. If a backup driver received a traffic ticket, then the ticket and subsequent police report can be critical evidence. That said, some police departments won’t issue a citation if the vehicle doesn’t have a driver. Other sources of information about a robotaxi crash can help, such as camera, sensor and system data. In some cases, the police can issue a citation against an owner or operator, even if they’re not present at an accident.
The claimant usually doesn’t have to procure evidence on their own. Instead, they file a claim with their insurance and then discuss the accident with a personal injury lawyer. Their insurer and lawyer can help determine if they have a case, educate them about the most up-to-date legal changes related to this topic, help with the procurement of any reports and other proof, build a case, and then attempt to reach a settlement or go to trial to try to obtain a specific amount of compensation for pain and suffering.
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