As self-driving and semi-autonomous vehicles gain popularity across Australia and the globe the question of what happens if you’re in a collision with a car nobody was technically driving must now be considered.
Experts in motor vehicle accidents say it’s crucial for motorists to understand their legal rights and responsibilities in the event of an accident involving such technology.
Head of Work and Road Claims at Slater and Gordon Bree Smith said that the legal landscape is evolving, and awareness is key to ensuring all parties are adequately protected.
“As of now, fully autonomous vehicles are not yet legal for public use in Australia, with their operation limited to controlled trials and testing scenarios. However, semi-autonomous features, such as Tesla's Autopilot, are available and in use by many drivers.
“In traditional vehicle accidents, liability typically rests with the driver who was legally deemed ‘at fault’ however, the introduction of autonomous systems complicates this,” Ms Smith said.
While road safety regulations are largely managed at the state and territory level, there is currently no uniform legislation across Australia specifically addressing accidents involving autonomous vehicles.
The Federal Government is actively developing legislation, notably the Automated Vehicle Safety Law, to facilitate the safe integration of autonomous vehicles on Australian roads by 2030.
“In incidents involving semi-autonomous vehicles, there are many questions regarding whether the human driver or the vehicle's automated system is responsible.
“Semi-autonomous vehicles are classified as Level 2 automation and require human drivers to remain engaged and ready to take control when necessary.
“The most important question will be determining who made the decision that caused the accident, the person or the car,” Ms Smith said.
What happens if you’re in an accident?
- The human driver is typically held responsible, as they are expected to supervise the vehicle's operation and intervene if needed.
- If a defect in the vehicle's automated system contributed to the accident, there may be grounds to pursue a product liability claim against the manufacturer.
“To prove the fault was with the car this would involve demonstrating that the vehicle's automated features malfunctioned or failed to perform as intended, leading to the collision,” Ms Smith said.
A recent study from the University of Central Florida found that self-driving cars are five times more likely to be involved in an accident while driving in low-light conditions, compared to traditional vehicles. With the study citing the possible reasons might be a lack of situational awareness in complex driving scenarios and limited driving experience of autonomous vehicles.
“We’ve all seen the stories on the news, where a semi-autonomous car or driverless car has locked someone inside. Most recently, a driverless taxi in Arizona trapped a passenger in it and did continuous loops of the airport carpark nearly making him miss his flight. Also in Arizona, a driverless taxi pulled into oncoming traffic after seeing some construction in the area.
“Or, in San Francisco a woman who was hit by a car and flung into the path of a driverless one. She was then trapped underneath a driverless car when its brakes engaged quickly and stopped on top of her.
“We can assume it will be a matter of time before full autonomous cars are on our roads.
“As autonomous vehicle technology continues to evolve, so too will the legal frameworks governing their use, and its something we all need to be aware of,” Ms Smith said.
Contact details:
Cassandra-Elli Yiannacou 0401 322 593
