As our cars become increasingly autonomous, it may seem as if they can make decisions independently. Yet, we’re not quite there—fully self-driving cars are still in the testing phase. Some models, like Teslas, feature autonomous driving capabilities, but even these require human oversight as they’re not yet ready to handle all driving scenarios independently.

Soon, vehicles will fully ride without human input, taking responsibility for the safety of both passengers inside and individuals outside the vehicle. This shift introduces complex legal challenges, particularly when determining fault in self-driving car accidents. With several self-driving vehicle accidents these days, including in Las Vegas, understanding liability in these situations is crucial. Let’s explore the challenges and understand what steps to take next.

Does Nevada Have Self-driving Car Laws?

Many states have yet to enact specific laws regulating self-driving vehicles. Instead, most state laws generally handle car accidents. Nevada is an exception, with autonomous vehicle laws codified in Nevada Revised Statutes 482A. These laws include:

• Manufacturers must meet comprehensive vehicle testing and safety regulations before vehicles can be driven on the road.
• Manufacturers must maintain at least a $5 million insurance policy to test the car on Nevada roads.
• A mechanism that allows a self-driving car operator to take control of the vehicle in an emergency.

Furthermore, all autonomous vehicle operators must obtain a unique endorsement that authorizes them to drive the vehicle. They must also maintain state insurance minimums for at-fault accidents, regardless of how safe the autonomous vehicle is claimed to be.

Who Is to Blame in a Self-Driving Accident?

Most crashes include up to four potentially liable parties: the driver, the passenger (in a self-driving car), the vehicle manufacturer, or some third party (for example, the state or local highway department). In crashes involving two or more vehicles, multiple parties may be at fault.

Before delving into responsibility, it’s important to distinguish between the different self-driving vehicles available. There are currently no fully autonomous vehicles for retail sale; the closest is a “full self-driving” vehicle like Tesla.

• Full self-driving (FSD)
  • This technology requires that the driver remain in the driver’s seat while the car pilots itself. If the technology fails or makes a mistake, the driver can take control of the car and avoid an accident. 
    
• Driverless technology
  • This Technology is on the way, posing new challenges for lawmakers and insurance companies. In these cases, since the human driver has no duty to take over the car in the event of a technical failure (and may not even be in the front seat), any blame for an at-fault accident falls on the company that manufactured the vehicle or designed the self-driving software.

• The Vehicle Operator
  • If the self-driving car’s operator is found to be at fault for the accident, whether through their own negligence or by failing to step in and take control of the vehicle to avoid an accident, the operator’s insurance will be held liable for compensating anyone hurt. An injured person may need to demonstrate that the operator was not paying attention, acted recklessly or negligently, or breached their duty of care to other drivers.

• The Vehicle Manufacturer
  • Mistakes happen that can affect the safety and reliability of their vehicles. If one of the vehicle’s components the brakes, transmission, or engine fails and causes an accident, the car manufacturer may be held liable for any resulting damages.

• The Software Designer
  • Another essential part of any self-driving vehicle is the software that enables it to drive itself. The software relies on a number of sensors that non-autonomous vehicles do not have. This technology’s complexity is one reason self-driving vehicle software has yet to be developed.

Common Causes of Self-driving Accidents

The self-driving car’s technology is cutting-edge and advanced, beyond most people’s comprehension. However, the technology isn’t perfect, and autonomous vehicles are likely to get into collisions for the following reasons (and possibly others):

• Maintenance issues. (Faulty hardware or software)
• Poor weather conditions
• Manufacturing faults
• Control difficulties.
• Reckless driving behavior (sleeping, eating, etc.).
• Fires caused by batteries, for example.

What Are the Possible Damages in a Self-Driving Car Crash?

Anyone injured in a self-driving car accident may be able to seek both compensation and punitive damages from the at-fault party. Suppose the at-fault party does not have enough insurance to cover these costs. In that case, the injured person’s insurance company may cover them instead (under an uninsured or underinsured motorist policy), and the injured person can then pursue repayment under the at-fault party’s policy.

Compensatory damages are intended to compensate the plaintiff for their actual cash losses, physical pain, and other quantifiable financial losses. These damages may include:

• Medical expenses.
• Therapy expenses.
• Property damage.
• Lost wages
• Loss of future earnings potential
• Other out-of-pocket costs related to the accident

In addition to compensatory damages, punitive damages are available. Punitive damages are not always related to the plaintiff’s losses; rather, they are intended only to punish the at-fault party and deter future misbehavior from others. As a result, punitive damages are typically only accessible in the most egregious cases.

Insurance Evolution with Self-Driving Cars

The rise of autonomous vehicles is also set to reshape the insurance industry. With the shift from human error to technological failure, insurance models will need to adapt, potentially introducing policies tailored for these advanced vehicles. Understanding these changes is essential for managing new risks and liabilities in the era of automated driving.

Contact a Nevada Car Accident Attorney Today!

Self-driving technology surely improves year after year. However, manufacturers such as Tesla still have a long way to go in terms of accident reduction. Autonomous vehicle accidents are complex and time-consuming. As a result, you’ll need a solid legal team to ensure you don’t settle for less than you deserve.

The Nevada car accident and personal injury attorneys at Lach Injury Law are available to assist you with every stage of your case, from evidence gathering to responsibility claim filing and court representation. Contact us today.