A car accident usually comes down to a simple question: Who was driving? With self-driving vehicles, the answer is not always so simple. When a vehicle's software, sensors, and automated driving system are making decisions behind the wheel, figuring out what caused a crash can get complicated fast.

Was the technology working as intended? Did the person in the driver's seat fail to respond when they should have? Could the vehicle manufacturer or software developer be responsible? If you have been injured in a self driving car accident, understanding how Washington law approaches these questions is important. A self driving car accident lawyer can investigate what happened and determine who may be responsible for your injuries.

Who Is Liable for a Self-Driving Car Accident?

It is not always obvious who is liable for an auto accident. It can be even more confusing when one of the vehicles involved is self-driving. Without another driver, who do you hold legally accountable for the vehicle's actions? In some cases, it is the human driver of the other vehicle who made a mistake.

Vehicle Manufacturer

Companies that make and sell consumer products must comply with product safety laws. These are the statutes that apply to vehicle manufacturers issuing part recalls. When a consumer product injures someone who is properly using the item, the seller, distributor, or manufacturer could potentially be liable. A claim could allege manufacturing defects, design defects, or a failure to warn.

Automated Driving System or Technology Developer

Automated vehicles add an extra layer of complexity because they rely on technology to power the automation system. Liability can extend beyond the physical manufacturer to software development companies and technology part manufacturers. There could be a glitch in the software programming. There could be sensor issues that prevent proper interpretation of other traffic, road signals, and driving conditions. This can lead the system to issue an incorrect signal to the vehicle.

Third Parties

Sometimes accidents involve more than two parties. When that happens, there could be shared liability among multiple parties. Another driver, pedestrian, cyclist, roadway designer, maintenance contractor, or other party could still potentially contribute to the collision.

Washington's Rules for Autonomous Vehicles

Washington has established rules for companies that test autonomous vehicles on public roads. Washington’s Department of Licensing administers a self-certification pilot program for autonomous vehicle testing.

Among other requirements, they must maintain an umbrella liability insurance policy with a limit of at least $5 million per occurrence. They must also provide information about their testing activities and comply with requirements related to certain collisions and moving violations. In addition, entities must notify the appropriate law enforcement agencies before conducting testing.

The $5 million insurance requirement is important, but it applies only to specific situations. It applies to entities participating in Washington's autonomous vehicle testing program. It does not mean that every Washington driver who owns a vehicle with an automated or driver-assistance feature is required to carry $5 million in liability coverage.

What Evidence Matters After a Self-Driving Car Accident?

Figuring out what caused a self-driving car accident may require more than photographs of the damage and statements from witnesses. Evidence about the vehicle and its automated driving system may also help show what happened in the moments leading up to the collision. Depending on the circumstances, important evidence may include:

• Photos and videos of the accident scene and vehicle damage
• Police reports and Washington collision reports
• Dashcam or surveillance footage
• Vehicle data and automated driving system logs
• Information showing whether an automated driving feature was engaged
• Maintenance and repair records
• Software and system-update records
• Communications or other records from the vehicle manufacturer

In an accident involving automated technology, determining what the vehicle was doing immediately before the crash can be critical. Preserving vehicle data, system records, and other technology-related evidence may help establish whether the system malfunctioned, whether a driver was expected to take control, or whether another factor caused the collision.

What Should You Do After a Self-Driving Car Accident?

After an accident, the priority is safety and medical care. Immediately seek medical attention for anyone who has injuries. If possible, move out of the flow of traffic and into a safe location. Report the accident to law enforcement so that an officer can respond and file a report. Document the accident scene by taking pictures and video of the damaged vehicles, accident site, injuries, road conditions, and traffic signals.

If there are witnesses to the accident, collect their contact information. Avoid making any statements about what happened or fault. The accident scene can be confusing or overwhelming. A casual comment can be brought up later. Avoid making assumptions about who caused the crash.

When Should You Talk to a Washington Car Accident Lawyer?

Consider talking to a car accident attorney. A lawyer can help you calculate the totality of your loss. The law may allow for a greater recovery than your out-of-pocket costs. A lawyer can also assist when fault is disputed. The insurance company will want to push the liability off of their client. This can become even more complicated to sort out when multiple parties are involved in the accident.

In some accidents, the vehicle manufacturer may be liable. A vehicle component could be defective. Even the software company that designed the automated system could potentially be liable. A car accident attorney can investigate the circumstances of the collision and identify the potentially responsible parties rather than simply accepting the first explanation of how the crash occurred.

Speak with a Washington Self Driving Car Accident Attorney

Self-driving technology may change how cars operate, but it doesn't change the fact that people can be seriously injured when something goes wrong. The difficult part may be figuring out exactly what went wrong and who should be held responsible. That could mean investigating the vehicle's technology, the actions of the people involved, and the conduct of other companies or drivers. If you have been hurt in a crash involving a self-driving vehicle, a self driving car accident lawyer can help you determine what happened and what legal options you may have. Contact our accident attorney team today for a free consultation.