Since 2015, Arizona has seen extensive testing and use of advanced technology self-driving motor vehicles, fielded by companies like Uber, Waymo, and Tesla. This experience has not come without human and material cost: Arizona has seen more than 400 accidents and other incidents involving self-driving vehicles since 2019, including injuries and fatalities.
When an accident involves a driverless car, legal issues of accountability include who is responsible for the resulting injuries and property damage. But when no driver is involved in a car crash, who is responsible?
At Stone Rose Law, we represent motorists, passengers, pedestrians, and others who have been injured in accidents involving a driverless car.
Here, we discuss the legal authority that allows self-driving vehicles to operate on Arizona roads and highways, the types of driverless cars recognized under Arizona law, and the grounds for liability you may have if you are harmed in a driverless vehicle crash.
To speak with an Arizona traffic accident lawyer, call Stone Rose Law at (480) 631-3025 or contact us online to schedule a free consultation.
What is the Arizona Law Governing Self-Driving Vehicles?
Under ARS 28-9702, fully autonomous vehicles may operate without a human driver only if the operator submits a required law-enforcement interaction plan and a written statement confirming compliance with applicable federal standards and traffic laws, including minimal risk condition capability.
For a fully autonomous vehicle to legally operate in Arizona, the vehicle’s operator, such as the company that owns it, must submit all required documentation to Arizona state agencies, including the Arizona Department of Transportation. This documentation must confirm that:
- The driverless vehicle meets applicable federal motor vehicle safety standards
- That the vehicle can comply with all Arizona traffic laws
- If the driverless vehicle fails, it will go into a minimal risk condition
A licensed human driver is expressly authorized under the law to operate an authorized vehicle as long as that driver is able to take over driving it as needed. But as long as a fully autonomous vehicle is in compliance with this applicable federal and Arizona laws, a licensed human driver is not required to operate it.
Under ARS § 28-9702(C), automated systems are considered the driver for purposes of compliance and are exempt from physical act driver requirements under Chapter 8 of Title 28.
What are the Legal Grounds of Liability in an Autonomous Vehicle Case?
The potential advantage of a driverless vehicle is that when it works right, it can remove a human being as a potential “weak link” in operating a car or a truck. An autonomous vehicle cannot be distracted, does not get drowsy from lack of sleep, and is not susceptible to things like drinking and driving. It is much more likely to stay within the speed limit. This can make a driverless vehicle safer in many situations.
But autonomous vehicle systems are still under development, and, like any other developmental technology, they can be subject to software or mechanical defects (“bugs”) that their human creators need to work out through iterative improvements. Unfortunately, when a moving vehicle is involved, these problems can result in accidents.
What Can Cause a Driverless Car to Get into an Accident?
Here are some of the ways that an autonomous vehicle can crash:
- Hardware or software malfunctions
- Outdated or incorrect mapping data
- Human error, or over-reliance on automation
- Unpredictable behaviors of other drivers or pedestrians
- Adverse weather conditions
Who Might Be Liable in a Self-Driving Vehicle Accident?
Depending on the cause, when a driverless car is involved in an accident, liability can fall on multiple parties. These include the vehicle manufacturer, a software provider, the vehicle’s human driver, and/or the company that owns and operates the vehicle.
For example, when the automated system is engaged, and a person is not actively driving, the automated system is considered the driver for traffic-law compliance. The submitting company may be responsible for violations arising from non-compliance with applicable laws and from statements it made under ARS § 28-9702.
In other cases, when a human is operating a self-driving vehicle, that person may be held liable.
Third-party liability applies to driverless vehicle accidents in much the same way as it does for ordinary motor vehicles.
- If the self-driving car is a company-owned vehicle and the accident occurred in the course of business, the company may be legally responsible under agency principles, as if an employee driver were involved in the crash.
- If defective vehicle design or manufacture contributed to the accident, the vehicle maker and related parts suppliers or vendors or system hardware, or software subcontractors of that manufacturer may be liable under products liability law.
- If another driver other than you and a person in the driverless vehicle contributes to the accident, or a pedestrian’s behavior is partly to blame, these third parties can also be legally liable.
- If poor road conditions contributed to the accident, the public entity responsible for maintaining the road may also be liable.
Who may be at fault in an autonomous vehicle accident is a question that requires careful investigation of the underlying facts. This is a key role of the attorney you hire to represent you: to make sure that everyone who is potentially liable is accounted for.
How Long Do I Have To File A Lawsuit After A Self-Driving Car Accident?
In Arizona, you generally have two years from the date of an automobile accident to file a personal injury lawsuit. Some exceptions apply, including situations when you do not discover your injury right away, and when a public entity is a possible defendant.
- If you only learn of your injury after the date of the accident, you may have more time under the statute of limitations (this is known as tolling).
- If a government entity is involved, under Arizona law, you have only 180 days to file a notice of claim against that entity, and after that, only 1 year to file a lawsuit.
Similar to identifying who may be possibly liable, your personal injury attorney can help you to file your legal claims in a timely way so you do not lose your right to do so.
How Can You Receive Compensation for a Self-Driving Car Accident Claim?
What you can receive in compensation after a collision involving a driverless car is the same as if that were an ordinary vehicle. The measure is money damages, which come in three kinds: economic damages, non-economic damages, and, in less common circumstances, punitive damages.
- Economic damages compensate you for direct harm. Examples include medical expenses, rehabilitation and physical therapy, costs associated with the repair or replacement of damaged property, such as vehicle repairs, lost income if your injuries make you miss work, or lost earning potential if you cannot return to work or cannot return to full employment.
- Non-economic damages compensate you for intangible harms that reduce your quality of life. Examples include pain and suffering, emotional distress, anxiety and depression, loss of companionship, and loss of consortium.
- In rare cases, like when someone harms you intentionally, acts in spite or ill will, or engages in conduct that was outrageous and created a substantial risk of grave harm, you may be able to seek punitive damages.
What Should You Do if You Are Involved in an Accident With a Driverless Car?
If you are involved in an accident with a car that is being autonomously operated to any degree, the steps to take in the aftermath are basically the same as for any other car accident:
- See to your immediate safety and to the safety of others. If you are in a vehicle that is involved in an accident, stop at the scene or as close to the scene as you can without blocking traffic or creating a traffic hazard.
- Call the police and report the accident. Try to get an officer to the accident scene to make a report. If serious injuries are involved, call 911 emergency services.
- If anyone is in a driverless car, exchange information with that person. If the driver is operating in a fully autonomous mode, such as Level 4 or Level 5, get the name of the company that owns the vehicle, the vehicle or fleet identification for that vehicle, and any other available contact information.
- Document the accident scene. Take photos or video recordings of the positions of the vehicles, any skid marks on the road, damage to the vehicles and surrounding property, and to capture the existing lighting and weather conditions. Get contact identification for any eyewitnesses to the accident.
- Seek medical attention as soon as possible after the accident. Not all injuries from a car accident manifest symptoms right away. Seeing a doctor can also help you document any injuries you experience, which can help you prove the harm you suffered in subsequent insurance settlement negotiations or in a personal injury lawsuit.
- Notify your insurance company about the accident. Sometimes your insurance policy will require you to report an accident or make a claim within a limited period. Also, let the insurance company know that a driverless vehicle was involved.
- Preserve any evidence you have in your possession. This includes medical bills, repair estimates or invoices, any communication you have with insurance companies, and any dashcam footage from your vehicle, and photos and recordings you may have taken.
- Get a copy of any police report that may have been prepared in connection with the accident.
- Contact an experienced Arizona traffic accident lawyer.
Have You Been in an Autonomous Car Accident?
Autonomous vehicle accidents can raise complicated legal issues. The object of this blog post is to familiarize you with how self-driving cars and trucks can operate legally in Arizona, what can go wrong with them that could lead to an accident, and what to do immediately after you are involved in a collision with a driverless vehicle.
To learn more about specific issues of determining liability connected with a self-driving car crash, and how you may be able to recover compensation for injuries and property damage, see our separate blog post on these topics.
If you have been in an accident with a driverless car, the personal injury and traffic accident lawyers at Stone Rose Law are available to answer your questions and to give you guidance and representation with your possible legal options under Arizona law.
Call our legal team at (480) 631-3025 at any time to speak with one of our personal injury lawyers. You can also reach us through our online contact form to schedule a free consultation.
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