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.
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:
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.
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.
Here are some of the ways that an autonomous vehicle can crash:
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.
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.
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.
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.
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.
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:
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.
