Autonomous Vehicles and Georgia Personal Injury Law

young woman reading a magazine in a autonomous car. driverless car. self-driving vehicle. heads up display. automotive technology.

Navigating a New Legal Landscape: Self-Driving Cars and Georgia Personal Injury Law

What once seemed like a futuristic pipedream is now a reality- The Insurance Institute for Highway Safety expects there to be 3.5 million vehicles with self-driving capabilities on the road by 2025. While this technological advancement promises greater convenience and safety on the roads, it also raises complex legal questions, especially concerning personal injury claims.

Understanding Self-Driving Technology

Self-driving cars, also known as autonomous vehicles, utilize advanced sensors, cameras, and artificial intelligence algorithms to navigate roads without human intervention. Tesla, a frontrunner in this field, has been developing its FSD mode, which aims to enable fully autonomous driving capabilities. While most major automakers’ new vehicles provide backup sensors, front crash warning systems, laser-guided cruise control and lane assist features to help cars remain in the correct lane, Tesla is the first to take the next step toward providing a truly autonomous vehicle.

Tesla’s Full Self-Driving (FSD) Mode

Tesla’s FSD mode represents a significant leap forward in autonomous driving technology. It incorporates features such as Autopilot, Navigate on Autopilot, and Traffic Light and Stop Sign Control. These features allow the vehicle to practically drive itself. Once engaged, the system will drive the vehicle with virtually no human intervention. It is capable of seeing and reacting to other vehicles on the road, changing lanes, reading road signs, obeying traffic lights, yielding to pedestrians, navigating to locations, and parking itself all without human intervention. While these features offer convenience and enhanced safety, they also pose two major questions: (1) are they safe and (2) what are the legal considerations in the event of accidents or injuries.

Are Autonomous Vehicles Safe?

Determining the safety of autonomous vehicles is difficult because there is currently no reliable way to confirm whether a driver was using the automated driving mode at the time of a crash. However, most safety agencies agree that automated driving systems offer significant potential to reduce traffic crashes. The National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation reports that 94% of crashes in the United States are caused by some sort of human error, with the leading causes being driving under the influence, distracted driving, and driving while tried. Therefore, the Department of Transportation found that automated driving systems “have the potential to significantly reduce highway fatalities by addressing the root cause of these tragic crashes.”

However, the question still remains as to whether these systems are “safe enough” to rely on for day-to-day use. I have spent the last three months driving a Tesla with Full Self-Driving capabilities and am not ready to say that it is “safe enough.” While I am, by no means, a safety expert, I can definitely say there were moments where, if left unchecked, the car would have caused a crash.

FSD technology does so many things well. However, there are certain situations where it fails miserably and others where it is just annoying. It fails miserably at seeing large white objects on clear sunny days. I have twice been in situations where I was stopped at a stop sign and the car almost pulled out directly in front of a large white vehicle crossing the intersection in front of me. Had I not been paying attention and disengaged the system, the FSD would have caused a crash in both instances. The FSD is annoying in the time it takes to make decisions in certain situations. At times, I can sense the car “thinking” about whether an action is safe. This feels like it takes forever and really slows down other traffic in the area. For example, when the car parks itself, it stops in the middle of the parking lot for a significant amount of time as it measures/plans its path to park. Also, when waiting to pull out from an intersection, the car will wait quite a while when there is no traffic coming to ensure it is safe to go. While these delays are probably safer, it does seem to cause congestion and annoyance to other drivers.

Despite my anecdotal evidence of issues with the technology, Tesla has published data showing that its FSD technology is safer than human driving. Tesla’s data reveals that it recorded one crash for every 7.65 million miles driven using its FSD technology, while the most recent data available from NHTSA reveals that, in the United States, there was one crash approximately every 670,000 miles driven. Thus, Tesla claims that its FSD technology is 1,100% safer than the average American driver.

Legal Implications of Autonomous Vehicles

Determining liability in a crash involving an autonomous vehicle will likely be much easier due to the technology available on the vehicles. All autonomous vehicles are equipped with multiple cameras, which record and store data in real time. Therefore, after a crash, it is much easier for the responding office to pull the video from the car to see exactly what happened in the wreck and determine who was at fault. The driver of the autonomous vehicle is still responsible for the actions of the car; thus, fault would still lie with the autonomous vehicle driver even if the crash occurred while operating in self-driving mode.

The more complicated question involves insurance coverage. Who must pay for the crash? To date, Georgia law has not passed any statutes directly addressing insurance coverage as it relates to autonomous vehicles. Therefore, normal negligence and insurance law applies, which would make the driver of the at-fault vehicle and her insurance company responsible for the damage caused by the crash.

However, in a crash involving serious injuries where a malfunction of the autonomous driving software caused the crash, an injured party may be able to pursue a products liability claim against the manufacturer of the car/software. These cases can be complex; nevertheless, it is most certainly an avenue that an experienced personal injury attorney would explore should the facts warrant it.

The Rise of Robo-Taxis: What You Need to Know

Beyond individual ownership, the concept of Robo-taxis, or autonomous ride-hailing services, is on the horizon. Companies like Tesla and Waymo are exploring the potential for deploying fleets of self-driving vehicles for on-demand transportation. While this promises greater accessibility and efficiency, it also raises questions about insurance coverage, regulatory compliance, and passenger safety. Deploying these types of vehicles on Georgia’s roads will most certainly require new laws to determine what types of insurance coverage is required and who would be responsible for providing that coverage. Only time will tell how this plays out in the Georgia Legislature.

How to Protect Your Rights in a Self-Driving Future

In the face of rapid technological advancement, it’s crucial for individuals to stay informed and proactive about their legal rights. If you’re involved in an accident involving a self-driving car, here are some steps to take:

   1. Seek Medical Attention:

           Your health and safety should always be the top priority. Seek medical attention for any injuries sustained in the accident.

   2. Document the Scene:

           Gather evidence, including photographs of the accident scene, vehicle damage, any relevant road conditions, and check with the autonomous vehicle driver to see if there is video of the crash.

   3. Contact Law Enforcement:

            Report the accident to the police and obtain a copy of the accident report.

   4. Consult with an Attorney:

            A skilled personal injury attorney can help preserve evidence, assess your case, advise you on your legal options, and represent your interests in negotiations or litigation.

Conclusion

Self-driving cars hold the promise of a safer and more efficient transportation future. However, as with any technological innovation, there are legal considerations that must be addressed. By understanding your rights and seeking knowledgeable legal representation, you can navigate the complexities of personal injury claims in the age of self-driving cars. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter serves clients throughout the State of Georgia. If you or a loved one suffered an injury as a result of a autonomous vehicle, Attorney Jared Easter at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-534-2542 today.

Tesla Faces Lawsuit in China After Autopilot Program Causes Fatal Crash

An arial view of a 3D modeled scene of a small red car with a black roof and blue radar beaming from the front of a self-driving car driving behind a tractor trailer on a street lined by parked cars.

Self-driving cars have been heralded as the biggest upcoming invention, and experts have claimed that they would be a normal part of our lives within a decade. However, the companies that are deeply involved with making these futuristic concepts a part of our reality have struggled to put together the pieces that are necessary to make self-driving cars safe enough for ordinary people to use on a regular basis.

Now, a lawsuit in China against self-driving car pioneer company Tesla may slow things down even more.

Tesla’s Autopilot Function at Issue in Car Accident

Tesla’s Autopilot feature, which was introduced into some of its cars back in October of 2015, was one of the features of the Tesla Model S sedan that 23-year-old Gao Yaning was driving in January, 2016. It was then that he rammed into the back of a street cleaning vehicle in the province of Hebei, in northeastern China. Yaning was killed in the car accident, and his father, Gao Jubin, filed suit against Tesla and the car dealership that sold his son the car that he was driving at the time.

Video shows that Yaning’s car careened into the back of the street cleaning vehicle without breaking.

Jubin’s lawsuit claims that the vehicle was in autopilot mode when the crash occurred, and that the autopilot program failed to take account of the road conditions. Tesla, however, disputes this claim, stating that there was no way of knowing whether the autopilot program was on, because the crash was so severe that “the car was physically incapable of transmitting log data to our servers.”

Tesla’s Autopilot System a Forerunner for Self-Driving Cars

Tesla’s autopilot system is not the self-driving car that we have heard so much about. Instead, it is a program that “sees” other cars and objects while driving on the highway, allowing the car to steer itself to maintain its lane, manage lane changes, and brake for upcoming obstacles. However, Tesla’s Autopilot program does not allow drivers to completely take their eyes off the road. Possibly because of this, numerous crashes and fatalities have been reported in which the driver of a Tesla vehicle completely relied on the program to drive the car, leading to an accident.

Cobb County Personal Injury Attorney Joel Williams

Tesla’s Autopilot program is a huge step towards self-driving cars. However, the Autopilot program should be thought of more as a halfway point between cars that need to be driven, and cars that can drive themselves. This has proven to be an awkward halfway point, because it requires drivers to remain attentive, with their eyes on the road and their hands on the wheel, while still assuring them that the car will do the work. These mixed messages are likely to blame for the wrecks that the device has created.

If you or someone you love has been involved in such a car accident, contact Williams Elleby Howard & Easter for legal representation.

Drivers Still Liable for Self-Driving Car Accidents

An arial view of a 3D model scene of a small white car with a black roof and blue radar beaming from the front of a self-driving car driving on a two lane highway behind a tractor trailer.

Self-Driving Car Collides with Truck Trailer

Federal investigators found on Tuesday, July 26 that a Tesla Motors car that crashed in Florida was in self-driving mode and speeding at the time of the car accident, according to The Atlanta Journal-Constitution. Officials from the National Transit Safety Board are investigating the crash. The car collided with a tractor trailer in Williston, Florida, near Gainesville, on May 7. The tractor-trailer turned in front of the Tesla, which continued driving straight, so that the bottom edge of the 53-foot trailer sheared the roof from the Tesla as it traveled beneath the trailer and came out the other side. The driver was 40-year-old Joshua Brown from Canton, Ohio. According to The Guardian, the driver of the truck reported that Brown was watching Harry Potter on a DVD player in the vehicle, and that the movie was still playing after Brown’s car struck a telephone pole a quarter of a mile past the location of the tractor trailer collision.

Tesla Confused Tractor Trailer for a Clear Spring Day

The Tesla comes equipped with a self-driving system that automates highway driving. This equipment can control speed and lane changes using computer vision technology.

The automated driving system can negotiate slow traffic without driver input, and even avoid obstacles like highway wrecks. Although some Tesla owners have posted videos to YouTube in which they drive the car with their hands off the wheel, Tesla has discouraged the practice. Tesla founder Elon Musk says that this is the first self-driving accident for the Tesla, which means the technology has a lower accident rate than the average American driver. The company believes that the self-driving system was unable to distinguish between a bright spring sky and the white trailer on the truck, which prevented the system from attempting to stop automatically.

Law on Self-Driving Cars is Unsettled

Right now, there are no regulations in place to determine the standard behavior of fully autonomous driving systems. Because the technology is new, there is no specific law about how drivers should use the systems, either. However, drivers in Georgia must exercise reasonable caution when driving to prevent injury to others on the road. In the past, courts have placed the responsibility for turning off features like cruise control and taking direct control of the vehicle on the driver. If those features malfunction, though, the responsibility may be on the manufacturer of the vehicle.

Drivers May Be Liable for Accidents Despite Self-Driving Technology

Now that self-driving cars are on the highway, we’ll likely see more and more accidents that involve their use, and more lawsuits to determine who should bear the financial burden of those accidents. In an accident like the one in Florida, it seems that multiple problems lead to the collision. The company admits that the technology malfunctioned. But if the company warns drivers to remain alert and not to take their hands off the wheel while the self-driving system is active, they may avoid product liability in situations like this one. The driver also seems to have been distracted from the road, and may not have been watching when the truck turned in front of him. If he had injured someone and this kind of distraction had lead to the accident, he would be liable for negligence and have to pay damages.

Get Legal Help

If you or someone you know has been involved in a car accident, you need legal help. Contact an auto accident attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.