Self-driving cars are no longer science fiction. From advanced cruise control systems to fully autonomous vehicles being tested in real traffic, the technology behind driverless cars is growing rapidly. But with these innovations come new legal questions. When a self-driving car crashes, who should be held responsible? Is it the human driver, the car manufacturer, or the software company behind the tech? 

Let our qualified car accident attorney in Muskegon elaborate on who is liable in a self-driving car accident and what you can do to protect your rights after the crash.

What “Self-Driving” Really Means

When people hear the term “self-driving car,” they often imagine a vehicle doing all the work while the person inside relaxes or naps. But in reality, very few vehicles on the road today can operate completely without human input. The Society of Automotive Engineers (SAE) has established a scale that ranks vehicle automation from Level 0 to Level 5. Here’s a quick breakdown:

• • Level 0: No Driving Automation

The human driver performs all driving tasks. While your vehicle might have systems that warn you of hazards, such as blind-spot warnings or automatic emergency braking, these systems only assist and don’t actively control the vehicle. You are entirely in charge.

• • Level 1: Driver Assistance

The vehicle offers assistance with either steering or speed, but not both simultaneously. Adaptive cruise control, for example, enables your car to maintain a set speed and distance from the vehicle in front. Still, you must be actively engaged, with your hands on the wheel and eyes on the road.

• • Level 2: Partial Driving Automation

The vehicle can control both steering and speed under specific situations. Many mainstream systems, including Tesla’s Autopilot or Ford’s BlueCruise, can keep your car centered in its lane and maintain a set speed, even navigating curves on highways. However, you are still required to supervise the system. If you fail to intervene when the system encounters a situation it can’t handle, the responsibility largely remains with you.

• • Level 3: Conditional Driving Automation

The vehicle can handle all aspects of driving under certain conditions, and you are not required to continuously monitor the environment. For instance, you can watch a movie or read a book. The system alerts you when it needs you to take over, and you must be ready to respond within a few seconds. 

• • Level 4: High Driving Automation

The vehicle is fully autonomous within specific, predefined areas and under certain weather conditions. Within these operational design domains (ODD), the car can handle all driving tasks, even if you don’t respond to a takeover request. If the system encounters a situation it cannot handle, it will safely pull over or come to a stop. 

• • Level 5: Full Driving Automation

The vehicle can drive itself under all road conditions and in all environments. There’s no need for a steering wheel or pedals, as human intervention is never required. These vehicles are purely for passengers.

As of now, most vehicles marketed with “self-driving” features are operating at Level 2, or perhaps very limited Level 3, which means that even with sophisticated systems, you, the driver, still bear a legal responsibility for safe operation. So, the question of who is liable in a self-driving car accident in Michigan often comes down to whether you were actively monitoring and prepared to take control or if the system itself was at fault due to a defect.

Primary Liability Targets: Human Driver vs. Automaker vs. Software Vendor

Michigan operates under a modified comparative negligence system. That means if you’re involved in a car accident and are found to be partially at fault, your ability to recover damages for injuries and losses would be reduced by your percentage of fault. For example, if the court determines you were 20% at fault for an accident and your total damages are $100,000, you would only be able to recover $80,000. Notably, if you are found to be more than 50% at fault, you cannot recover any non-economic damages, such as pain and suffering. 

The principle directly impacts accidents involving driver-assist systems. Even if the autopilot feature of your vehicle was engaged, if it can be proven that your actions or inactions contributed to the accident, you could still be held partially or even primarily liable. For instance, if the system of your car issued a warning for you to take control, but you were distracted and failed to respond, a court might assign a percentage of fault to you. That’s because Level 2 or 3 systems require the driver to remain alert and ready to take over at any moment. 

However, there are circumstances where the blame for a self-driving accident can shift from the driver to the manufacturer under Michigan product liability law. For example, if the autopilot system is designed with a flaw that causes it to misinterpret certain road signs or fails to adequately react to sudden obstacles, and the design flaw leads to an accident, the automaker or third-party software provider could be held liable. Proving a design defect often requires expert witness testimony and a detailed analysis of the system specifications and behavior.

Critical Evidence After a Self-Driving Crash

When an autopilot system fails, the crash scene might not tell the whole story. Unlike traditional Michigan car accidents, self-driving car crashes often involve digital evidence that needs to be preserved and reviewed quickly. Here’s the critical evidence you or your local attorney should gather right away:

• • Event Data Recorder (EDR)

Most modern vehicles include an Event Data Recorder, often referred to as a “black box.” It captures key data, including speed, steering input, braking activity, and whether the autopilot or driver was in control during the crash. The information helps clarify what the car was doing moments before impact.

• • Over-the-Air (OTA) Update History

Manufacturers often update self-driving software remotely. These Over-the-Air (OTA) updates can change how a system responds to certain road hazards or conditions. If a recent update introduced a glitch or malfunction, that could shift liability from the driver to the automaker or software provider.

• • Camera and Sensor Footage

Many self-driving cars come equipped with outward- and inward-facing cameras. These can capture exactly what happened in the moments leading up to the crash. Video evidence can clarify whether the system failed to detect an obstacle or the driver was distracted and failed to respond.

• • NHTSA Recall Look-Ups

The National Highway Traffic Safety Administration (NHTSA) maintains a searchable database of recalls and investigations. If your self-driving vehicle, or the one that hit you, was under recall for an autopilot malfunction or other safety issues, it might support a product liability claim.

• • Preservation Letters and Data Downloads

Some systems automatically overwrite older data after a specific period. That’s why it’s paramount to send a preservation letter to the manufacturer and secure a data download as soon as possible. The letter formally requests that the manufacturer retain all relevant data from the crash.

A seasoned car accident attorney in Muskegon takes immediate action to issue legal notices and coordinate full data downloads from the vehicle and its manufacturer. The sooner you act, the better chance you have to secure the evidence necessary to prove your personal injury claim.

Injured by an Autopilot Malfunction? Call Shafer Swartz, PLC Today

Self-driving cars might be evolving fast, but the need for justice stays the same. If you were hurt in a crash involving an autopilot-enabled vehicle, let Shafer Swartz PLC help you uncover the facts and fight for the compensation you deserve. Our experienced car accident attorneys in Muskegon are prepared to conduct a thorough investigation and hold the right parties accountable. Contact us today at (231) 722-2444 or here to schedule a consultation.