Defects in Autonomous and Semi-Autonomous Vehicles

Self-driving cars and vehicles with advanced driver-assist features are becoming more common on our roads. While they sound great in theory, there is still work that needs to be done to make them safe and effective in practice.

Sometimes, the technology used or the people operating the vehicle make mistakes that lead to car accidents. When this happens, victims can feel lost or confused about what comes next. Knowing how these vehicles can fail and being aware of your legal options can help if you are ever harmed by a defect in an autonomous or semi-autonomous vehicle.

What are autonomous and semi-autonomous vehicles?

Cars today are becoming more advanced every year, and how they handle driving tasks is changing with technology. As you hear more about “autonomous” and “semi-autonomous” vehicles, it’s essential to understand the differences between these systems. The type of car you’re in an accident with could affect responsibility and your rights after a crash.

Autonomous vehicles

Autonomous vehicles, sometimes called self-driving cars, operate without a person physically controlling them. These vehicles use cameras, radar, sensors, GPS, and complicated computer programs to detect everything on the road. This technology lets the cars spot obstacles, obey signs and signals, follow routes, and respond to whatever is happening around them.

Waymo’s self-driving taxi service is an example. These cars can drive around busy streets in select cities and handle everyday trips without someone steering, braking, or accelerating.

Semi-autonomous vehicles

Semi-autonomous vehicles provide features that make driving less stressful and, at times, safer, but they can’t handle every scenario. These cars have lane-keeping help, adaptive cruise control, and automatic parking. While these tools assist you during your drive, you must remain alert and control the car if needed. The vehicle might help you steer back into your lane or adjust your speed, but it will not manage unexpected dangers by itself well enough for the driver to stop paying attention.

Examples of semi-autonomous vehicles include some Tesla models. The car can help with routine tasks, like controlling your speed and helping you steer on curves, but it can’t handle everything on its own.

Types of defects that can lead to a personal injury claim

Defects in the design, manufacturing, or marketing of autonomous and semi-autonomous vehicles can all create dangerous situations. When these issues cause harm, they may be the basis for a product liability claim against the manufacturer or seller.

Design defect

How an autonomous vehicle is designed sometimes makes it unreasonably unsafe from the start. If the autopilot or collision avoidance system puts people at risk because of a flaw inherent in the design, not a random error, this can result in injury. In this case, everyone using that car model could be exposed, not just those with manufacturing flaws.

Manufacturing defect

Not every vehicle that leaves the factory may match what the engineer drew up. A manufacturing defect happens when a single car (or batch) has an error during assembly, such as a faulty sensor installed incorrectly. When that mistake leads to a crash or injury, you may have a case even if the vehicle’s design is generally safe.

Failure to warn or misrepresentation

Car makers may provide misleading information about self-driving or driver-assist features, giving buyers the impression that they are safer or can do more than they can. If someone gets hurt because they relied on exaggerated marketing or poor instructions about how to use these features, the company could be held responsible for failing to warn.

How defects cause crashes in autonomous and semi-autonomous vehicles

Defects in autonomous and semi-autonomous vehicles can lead to dangerous situations that may cause car crashes. The technology is very advanced, but it still relies on hardware and software that can fail. Below are some of the common defects that occur and cause accidents:

Sensor and perception issues

These vehicles use cameras, LIDAR, and RADAR to “see” the road and objects around them. Each system has limits. Blind spots may occur if sensors can’t pick up a person, animal, or even another car. If the software mistakes a pedestrian for a harmless object or overlooks a cyclist, the vehicle may not respond correctly.

Problems with planning or control

The software in these cars plans out routes and issues commands such as braking, steering, and accelerating. If the programming detects a non-existent hazard, such as a ghost car, the vehicle might brake suddenly (phantom braking). Cars can also merge when they shouldn’t, leading them to hit barriers or run into stopped cars.

Human-machine interface (HMI) challenges

These vehicles still need human drivers to stay involved in most cases. If alerts that tell drivers to take control are weak or easy to miss, the time it takes for the human to take over may be too long. Misleading marketing, such as referring to the vehicle as “fully self-driving” when it’s not, may also set drivers up for failure. Some systems don’t do enough to ensure the driver pays proper attention.

Trouble with maintenance or calibration

Sensors must stay perfectly positioned and calibrated. A simple act, like a windshield replacement, could bump a camera or sensor out of alignment.

Over-the-air (OTA) update issues

Manufacturers often send software updates directly to vehicles to add features, correct bugs, or resolve security threats. If an update contains new defects or fails to address known safety flaws, the risk is essentially sent to all the cars that are getting the update.

These are just some ways that defects and problems with autonomous and semi-autonomous vehicles can cause accidents. Victims injured in a crash should contact a law firm with experience handling these types of injury cases.

Who can be liable for these accidents?

Understanding who may be responsible after an accident involving advanced vehicles can be complicated. Here is an overview of what this might look like:

• Driver: In many cases, the driver is going to be responsible for the accident. They are responsible for making sure the vehicle is operating correctly and that they do everything they’re supposed to do to prevent accidents from occurring.
• Automaker/vehicle manufacturer: A manufacturer may be at fault if there is a poor design, the vehicle was built incorrectly, or they failed to warn about risks.
• Component suppliers: A supplier could be held responsible if defective parts like sensors, control units, or steering or braking systems contribute to the accident.
• Software developers: Software developer errors can lead to manufacturer liability if a flaw in the code or design causes the autonomous system to malfunction, causing an accident.
• Company operating fleet: If a self-driving taxi, like Waymo, is involved in the accident, the company operating the fleet of cars might be responsible.
• Road owners or contractors: When accidents happen due to things like poor road design, active construction, or unclear signs, the city, state, or private company responsible for maintenance can also face claims (but beware of shortened deadlines).

The parties above can each share responsibility based on how their mistakes or defective products contributed to an accident. It’s also possible for the victim to be partially at fault for the accident as well.

If you’ve been injured in an accident with an autonomous or semi-autonomous vehicle, the road ahead can be a little bit overwhelming. Fortunately, we’re here to help you. Our legal team has been helping injured victims for more than three decades, and we’re here to do everything we can to help you get the justice and compensation you deserve after the accident. Contact Plattner Verderame Arizona Injury Lawyers to schedule a free consultation with a car accident injury lawyer.