Self-Driving Car Accident Lawyers | Free Consultation

Car accidents involving self-driving cars are a growing concern for Florida drivers. However, legal liability isn’t always clear. As companies race to put self-driving cars on the roads, the laws are struggling to keep up. If you’re in an accident with a self-driving car, you need to know who is liable. Our Tampa car accident attorneys explain car accidents involving self-driving cars.

Car Accidents Involving Self-Driving Cars

Car accidents involving self-driving cars may be the basis for legal liability. The manufacturer, the vehicle owner or a person in the vehicle may have legal liability for damages to a victim. The State of Florida allows self-driving cars to operate on the roads. However, standards for legal liability still apply. When you’re in an accident that involves a self-driving car, you may receive financial compensation by bringing a legal claim against the responsible party.

How Florida Law Affects Self-Driving Car Accident Claims

Florida law plays a major role in determining who is at fault and how financial compensation is handled after a self-driving car accident. Under Florida Statute 316.85, fully autonomous vehicles are allowed to operate without a human driver. Because of this, establishing legal liability often involves analyzing multiple factors – including software errors, manufacturing defects, and potential human supervision failures.

Florida’s Dangerous Instrumentality Doctrine may also hold a vehicle owner responsible for damages, even when they were not driving. In addition, Florida’s modified comparative negligence law means that if a victim is found to be more than 50% at fault, recovery can be barred.

Attorneys experienced in autonomous vehicle accidents work with engineers and software experts to prove manufacturing or system failures. They can also file motions to compel the release of vehicle data logs, black box records and sensor readings that show what happened moments before the self-driving car crash.

What is the Florida Autonomous Vehicle Law?

The Florida autonomous vehicle law is Florida Statute 316.85, which has been in effect since July 2019. Under the law, a person or corporation can put a driverless vehicle on the road. There does not need to be a human operator or even a person present in the car.

Companies that operate autonomous vehicles for commercial purposes must follow the laws that apply to transportation network companies. Car accident laws and product liability laws are still valid parts of Florida’s autonomous vehicle law.

How Do Insurance Companies Handle Self-Driving Car Accidents in Florida?

Florida operates under a no-fault insurance system, requiring every driver to carry Personal Injury Protection (PIP) coverage. This coverage pays up to 80% of medical bills and 60% of lost wages regardless of fault.

However, in a self-driving car accident, insurers may attempt to delay or deny claims due to multiple parties being involved such as a vehicle manufacturer, software developer, or negligent owner.

A skilled Tampa car accident attorney understands how to navigate overlapping insurance layers, determine which auto insurance policy applies, and ensure that accident victims receive fair compensation.

If your serious injuries surpass the state’s ‘serious injury’ threshold, you may step outside the PIP system and pursue a personal injury lawsuit or auto accident claim against the at-fault party.

What are the Levels of Self-Driving Cars?

There are several different levels of self-driving cars. Some vehicles are fully autonomous. Other cars use varying degrees of driver-assist technology while leaving the driver in control of the vehicle.

The National Highway Traffic Safety Administration classifies cars into levels based on their degree of autonomy:

• Level Zero – There is no autonomy in a level zero vehicle. The driver is entirely in control of all functions related to operating the vehicle.
• Level One – The vehicle performs some functions that might otherwise be left to the driver. Some kinds of driver technology, like automatic distancing between vehicles, qualify as level one autonomy.
• Level Two – With level two autonomy, the vehicle takes over more functions. The vehicle controls steering and acceleration. However, the human operator must be there and ready to take over at any time.
• Level Three – At level three automation, safety functions are handled by the vehicle. However, a human must still be present and ready to assume control. The car performs more sophisticated and discerning functions than a level two autonomous vehicle.
• Level Four – All level four vehicles must be able to complete an entire trip from start to finish. However, level four vehicles don’t perform in all scenarios. Under the right conditions, the vehicle can perform all of the functions of operating from start to finish.
• Level Five – Level five is a fully automated vehicle. The vehicle has the same function and is equally as sophisticated as a human operator would be with a car in all situations. However, there is no involvement from a human operator at any time.

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Determining Fault in a Driver Assist Crash

Driver-assist technologies such as adaptive cruise control, lane-keeping, or emergency braking still require human oversight. If a driver assist crash occurs, liability may be shared between the human operator and the self-driving technology developer.

At automation levels 0–2, Florida law still holds the human driver responsible for supervising the vehicle’s operation. Lawyers must examine vehicle data logs to identify whether the driver’s assistance systems were engaged or whether driver error contributed.

Proving fault involves combining vehicle data, eyewitness testimony, and accident reconstruction expert analysis to determine whether the autonomous vehicle technology malfunctioned or the driver failed to act appropriately.

Self-Driving Cars and Car Accident Fault

With traditional vehicles, determining fault in a car accident usually comes down to which driver causes the accident. The law looks at each driver’s actions to see who violated a traffic law or acted negligently. But what happens when there is no driver? What happens when an autonomous vehicle makes a driving mistake and causes a car accident? The answer is much more complex.

The first step is to determine the cause of the accident. It may have occurred because one of the sensors in the self-driving car failed to function properly. There may have been a software problem that caused the vehicle to fail to react safely to its surroundings. Determining the cause may take some investigating.

Comparative Fault and Legal Liability in Self-Driving Car Accidents

Under Florida’s modified comparative negligence rule, your recovery in a self-driving car accident can be reduced or completely barred if you are found to be mostly at fault.

For example, if a human driver failed to take control when required, they may share liability with the vehicle manufacturer or software developer. Determining fault requires evaluating the automation system logs, emergency data recorders, and actions taken immediately before impact.

Your self-driving car accident lawyer will gather evidence from multiple sources — including the vehicle’s black box data, expert evaluations, and local law enforcement reports — to determine the at-fault party and pursue maximum compensation.

Lawsuits Against Self-Driving Car Company

When a problem with the self-driving car causes an accident, the vehicle’s manufacturer or owner may be to blame. There are several different legal standards that may apply based on the reason for the breakdown that results in the crash. Here are some of the ways legal liability may result in an accident:

1. Liability for the Vehicle Manufacturer

• Poor Design – All self-driving car manufacturers have a legal obligation to make safe vehicles. They can put technology out on the roads only when it works. A poor design can result in legal liability, even if the issue is accidental.
• Manufacturing Defect – Manufacturing defects occur unintentionally when a vehicle is being built. A manufacturing defect can occur in both the hardware and the software of a vehicle.
• Inadequate Instructions – Along with each vehicle, the manufacturer must give adequate instructions to use it properly. In other words, they have to educate the consumer about how to use the car safely. A lack of instructions, or even poor instructions, can be the basis of legal liability.

2. Vehicle Owner Liability

• Poor Maintenance – It is up to each vehicle owner to get proper maintenance for their vehicle. Whether the owner is an individual or a corporation, they must make sure that the car gets the repairs and routine maintenance needed to be safe on the roads.
• Negligent Use – An owner of a self-driving car should put a vehicle into use only when it is safe to do so. If weather conditions or other issues make it unsafe to use the car, the vehicle driver should not put others at risk by using their vehicle.

3. Maintenance Provider Negligence

• Negligent Repairs – The company that performs maintenance and repairs on a vehicle has a duty to reasonable work standards. While a service provider doesn’t have strict liability in all situations, they can be held liable if their negligent work results in a crash.

What to Do After a Self-Driving or Driver-Assist Crash

After a self-driving car accident or driver assist crash, protecting your health and legal rights is essential:

1. Seek medical attention immediately. Even minor injuries can develop into serious complications later.
2. Call local law enforcement and get a police report documenting details and witnesses.
3. Preserve vehicle data — do not reset the system, clear app data, or remove sensors.
4. Document the accident scene with photos, videos, and witness information.
5. Avoid discussing fault with insurance companies or the other driver’s insurer before speaking with an attorney.
6. Contact a car accident lawyer for a free consultation or case evaluation to understand your rights and protect critical evidence before it disappears.

Quick action helps your lawyer secure vehicle data logs, black box information, and sensor readings, which are vital for proving fault in autonomous vehicle crashes.

Compensation After a Self-Driving Car Accident in Florida

Victims of self-driving car accidents in Florida may be entitled to a range of damages depending on the severity of their serious injuries and the nature of the legal liability involved.

Compensation may include:

• Medical bills and hospital costs
• Lost wages and lost income
• Future medical expenses related to rehabilitation or long-term care
• Pain and suffering and emotional distress
• Property damage to your vehicle

If a manufacturer, software provider, or maintenance company caused the crash, they could be held responsible for your losses. An experienced car accident lawyer in Tampa can pursue the fair compensation you deserve through settlement negotiations or courtroom litigation if necessary.

Attorneys for Self-Driving Car Accidents in Tampa

Our attorneys can help you bring a claim for financial compensation after a self-driving car accident in Tampa. With over 30 years of experience and a fully-staffed legal team, we have the skills and determination to handle new and complex legal issues. We’re prepared to help you apply the law to the fullest extent in order to assert your rights. Contact the offices of Jack Bernstein, Injury Attorneys today to talk with a team member about your case.

Frequently Asked Questions (FAQs)

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