Self-Driving
Car Accident Lawyer

FAQs

• What are The Five Levels of Automation?

  As automobile manufacturers test self-driving vehicles on Michigan roads, they are categorized by six distinct levels of automation defined by traffic safety officials:

  • Level 0 (No Automation): You are completely in control of the vehicle. The car might beep to warn you of a drifting lane, but it does not take any physical action.
  • Level 1 (Driver Assistance): The vehicle handles a single task to help you, such as adaptive cruise control or automatic emergency braking, but you must keep your hands on the wheel and eyes on the road.
  • Level 2 (Partial Automation): The car can control both steering and acceleration/braking simultaneously (like Tesla Autopilot or GM Super Cruise). However, you are still legally the operator, and you must remain fully attentive at all times.
  • Level 3 (Conditional Automation): The vehicle can drive itself under very specific environmental conditions, allowing you to briefly look away. However, the system can prompt you to take back control at any second, meaning you must be ready to intervene instantly.
  • Level 4 (High Automation): The vehicle can perform all driving tasks without human intervention within designated geographic boundaries or specific “automated vehicle roadways.” You can safely be a passive passenger in these designated zones.
  • Level 5 (Full Automation): This is true driverless technology. The vehicle can navigate any road, anywhere, under any weather conditions, with zero expectation of human intervention.

• What are the High-Profile Self-Driving Incidents?

  In 2016, one Tesla driver was killed in a crash with a semi-truck. This was the very first accident death recorded by the company. The Tesla’s “Autopilot” was turned on at the time. The system failed to recognize the side of a semi-trailer in front of it and attempted to pass under the trailer. Neither did the driver see the other vehicle. This demonstrates what can happen when we get too comfortable with technology: we take our eyes off the road.

  In 2018, Tempe, AZ, a high-profile accident death put Uber in the crosshairs of a lawsuit. A pedestrian was killed while trying to cross the street in Tempe, Arizona. Apparently, the sensors did not pick up the woman who was riding her bike at night. This forced Uber to close its self-driving program in the state. This seems to be the first death caused by a fully autonomous vehicle (AV).

  In April 2021, Elon Musk tweeted, “Tesla with Autopilot engaged now approaching 10 times lower chance of accident than the average vehicle.” Here, he was citing a 2021 Q1 Safety Report released by his company.

  Later in 2021, Reuters reported that the NHTSA was reopening an investigation into the Tesla Autopilot feature. Earlier in the year, it had closed a probe that looked into the 29 crashes that left four people dead. In each of those incidents, Autopilot was found to be engaged. Now the NHTSA wants to know why Tesla vehicles are crashing into emergency vehicles, noting 11 different crashes since 2018.

  As of 2022, Poni.ai, a small autonomous vehicle automaker in Michigan, is being questioned by the NHTSA. One of their test AVs drove off the road and hit a highway sign after a software glitch. The damages were relatively insignificant, but the company’s reaction landed them in hot water with the government. The NSTSA is looking to see whether Poni.ai filed its report in time to comply with the law. This is one more example of a dangerous situation caused by an AV.

• What are the findings of IIHS Study about Self-Driving Vehicles Not Much Safer?

  The Insurance Institute of Highway Safety has another view on the matter. They conducted a study in 2020 that found self-driving cars may not actually be very effective at preventing accidents. While autonomous vehicles might be superior at identifying hazards, they still can’t avoid most crashes.

  The IIHS came to this conclusion after looking at data from over 5,000 police-reported crashes by human drivers. The types of self-driving crashes they identified are summed up in 5 categories of driver errors, which include:

  1. Sensing and perceiving errors
  2. Planning and deciding errors
  3. Execution and performance errors
  4. Predicting errors
  5. Incapacitation errors

  These categories include unavoidable incidents, like tire blowouts. They determined that the only errors self-driving cars can improve are perceiving and incapacitation. Humans can become distracted or drive while under the influence while computers cannot. These types of incidents account for around 33 percent of all vehicle accidents.

  It is certainly good news that AVs can cut down on distractions. The problem is that system malfunctions might make self-driving vehicle accidents more common. There are plenty of questions surrounding this technology and its long-term safety.

  Commercial implications

  Passenger cars and trucks are not the only vehicles getting autonomous makeovers. In 2021, one self-driving semi-truck carried a load of watermelons 960 miles from Texas to Arizona. If you thought the concept of autonomous cars was scary, the prospect of commercial vehicles will be downright terrifying.

  For many trucking companies, self-driving trucks will be the solution to several big problems within the industry. According to a 2021 report from American Trucking Associations, Inc, there is a massive driver shortage. Currently, the US is short over 80,000 drivers, causing supply chain issues. By 2030, this number is estimated to reach 160,000 drivers.

  Another problem for the industry is tough regulations that dictate the number of hours a commercial driver can be on the road. Humans need to sleep and can get exhausted. Computers do not. The self-driving semi was able to deliver its load of watermelons 10 hours sooner than possible if a human drove that same route.

  It is expected that autonomous commercial vehicles can reduce the number of accidents due to human error. With that being said, the technology is far from perfect. Errors happen and can result in serious injuries and even death. If you are the victim of a driverless truck accident and need compensation for your pain and suffering, call Mike Morse Law Firm today.

  Cybersecurity threats

  One major concern of AVs is how safe they are from hackers. The University of Michigan conducted a study that looked at the cybersecurity risks of automated vehicles.

  The study detailed a case back in 2015 when a group of hacktivists was able to infiltrate a Jeep Cherokee. It was traveling at 70 mph through St. Louis, MO. The hackers were able to control the vehicle’s radio, braking, ventilation, and more, ultimately stalling it out on the freeway. One year later, they took over its parking and steering capabilities by bypassing its security system.

  Vulnerabilities in automated vehicles can include:

  • Control systems
  • Communications
  • Sensors
  • Processors
  • GPS mapping
  • Speed control
  • Braking
  • Steering

  The paper shared that the development of autonomous vehicles overlooks cybersecurity concerns. They also looked at other frightening but possible scenarios. Imagine your car will not move from the parking lot. Moments later, you get a text demanding $100 in Bitcoin sent to a private address or else you can’t drive home.

  The more technology develops, the greater the risks involved. We are becoming more connected and reliant on automation. If a hacker takes control of your vehicle and causes an accident, you can hold the manufacturer responsible for creating an unsafe ride. You should call a self-driving car accident lawyer right away for a free consultation.

  Without human intervention

  While the majority of self-driving cars on the road today have a human helper, this is not always the case. There is a real push for autonomous cars to deliver goods to customers. These cars, unlike other self-driving cars, encourage less human intervention. In fact, they may not even have a steering wheel, driver seat, or gas pedal.

  Called Nuro Inc., the NHTSA has given full approval for the first-of-its-kind fully automated delivery vehicle. Currently, it is estimated there are around 5,000 fully-electric Nuro Inc. cars on the road today. While some experts see this as a win for the autonomous vehicle industry, it poses many safety hazards.

  Nuro Inc. has zero human input from inside the vehicle whatsoever. The only intervention in the event of a problem will be handled remotely from its home base. The trained human operator will be able to take control of the vehicle. Another concern is that Nuro Inc. is considered low-speed. It is incapable of going faster than 25 mph. Small, slow-moving cars can cause traffic headaches as well as accidents.

• What Damages Are Possible After an Accident with Self-Driving Cars?

  Self-driving cars are capable of causing serious accidents that result in severe injury and death. If this is the case, you may be entitled to receive economic and non-economic damages. Mike Morse Law Firm is here to fight for your right to seek every dollar you deserve.

  After an accident with a self-driving vehicle, you may be facing:

  • Pain and suffering
  • Lost time at work
  • Temporary or lifelong disability
  • Loss of enjoyment of life
  • Mounting medical bills
  • Therapy
  • Rehabilitation
  • Property damage
  • Emotional trauma

  If the accident resulted in the death of a loved one, there will be funeral expenses as well as other financial and emotional losses. You do not have to face this alone. Call Mike Morse Law Firm today for a free consultation on your case. You can be compensated for each one of those damages.

• Who Is At Fault In A Self-driving Car Accident?

  There is a global race to master self-driving technology, but automated safety features still fail. When they do, the consequences for you and your family can be devastating.

  Determining fault in these crashes depends heavily on who, or what, was controlling the vehicle at the exact moment of impact. Under Michigan law (MCL 257.665), when a fully automated driving system is actively engaged, the system itself is legally considered the “driver.” This shifts your case out of standard auto negligence and into the realm of complex product liability laws.

  To win compensation for your pain and suffering, we may need to sue the vehicle manufacturer or software developer for a design flaw, mechanical defect, or failure to warn. However, if a human driver was supposed to be supervising the system and failed to take over during an emergency, that driver can still be held liable for negligence. Because these cases involve multiple corporate entities and massive amounts of electronic data, you shouldn’t fight them alone. Call us at 855-MIKE-WINS, and our team will immediately begin securing the sensor logs and black box data needed to build your case.

• Can You Be Drunk In A Self-driving Car?

  The rules of the road remain the same: do not drink and drive. Michigan transportation and criminal laws make absolutely no exceptions for semi-autonomous or self-driving vehicles.

  If you are behind the wheel of a vehicle with automated features, you are still considered its operator. Blood alcohol concentration (BAC) limits apply exactly as they would in a traditional vehicle. In Michigan, an adult driver’s BAC cannot meet or exceed 0.08 percent. If you are under the age of 21, Michigan’s strict “Zero Tolerance” law makes it illegal to drive with a BAC of 0.02 percent or higher. Commercial driver’s license (CDL) holders face an even lower statutory limit of 0.04 percent.

  Furthermore, passengers must remember that consuming alcohol inside a motor vehicle is illegal in our state, and open containers must always be securely locked away in the trunk.

• What Happens If a Self-Driving Car Malfunctions?

  Mechanical failures can arise from manufacturing defects, poor maintenance, or improper product use.

  Serious consequences could follow malfunctions of the following auto components:

  • Brakes
  • Lights
  • Motors
  • Sensors
  • Suspension
  • Steering mechanisms
  • Tires
  • Windshield wipers

  What might happen if these parts or essential systems malfunction?

  Stalled vehicles

  Cars stall when the engine stops working. At the same time, drivers could lose control of the power steering and brakes, making it difficult to maneuver to safety.

  Car accidents

  If an autonomous car stalls or behaves unpredictably because of a malfunction, it could endanger other motorists and pedestrians. Self-driving car accidents have resulted in property damage, injuries, and death.

  Recalls

  When a self-driven Uber killed a pedestrian, the company temporarily suspended its self-driving operations in Arizona. Similar accidents could provoke widespread recalls of autonomous vehicles until they are safer for the public.

  If you were hurt by a malfunctioning self-driving car or any other product, you might be wondering how the law can protect you. Mike Morse Law Firm’s lawyers can address your concerns and answer your questions.

  We have pursued and won compensation for both those hurt by defective products and car accident victims. Whether investigations reveal that manufacturers, human backup drivers, or other parties are at fault, our personal injury attorneys can work to protect your rights.

• What Often Causes Fatal Self-driving Car Accidents?

  One day, self-driving cars could eliminate accidents that occur due to negligent or reckless human behaviors. Yet, the driving record of autonomous vehicles is not without blemish. Several people have already lost their lives in fatal accidents involving self-driving cars.

  What are the most common causes of fatal self-driving car accidents?

  • Imperfect visuals: According to Tesla, the vehicle that caused the very first self-driving automobile accident did not apply brakes because the system did not detect a white semi-trailer against a brightly lit sky. The human operator also failed to discern this obstacle.
  • Unheeded warnings: Some vehicles give visual or audible signals to alert drivers to hazards and request “hands-on” intervention. In 2018, Tesla released information indicating no detectable reaction from the driver to the pre-crash notifications.
  • Driverless driving: No one was behind the wheel when a self-driving automobile crashed into a tree in 2021. Manufacturers state that current self-driving cars are only partially automated. Therefore, the backup driver must be alert and available to take over control at all times.
  • Mechanical issues: One driver complained of malfunctions to a friend before being found deceased in an overturned vehicle.

  Self-driving cars are a new technology. Moving forward, autonomous cars could make traffic fatalities a thing of the past.

• Can I Get Arrested for DUI in a Self-Driving Car?

  Yes, you absolutely can. Even if your vehicle is steering, accelerating, and braking on its own, Michigan law requires a human backup driver to be sober, alert, and capable of seizing control if the technology malfunctions or encounters a hazard.

  If you are caught operating a self-driving car while impaired by drugs or alcohol, you will face the exact same severe penalties as any other drunk driver. This includes immediate arrest, heavy fines, driver’s license suspension, mandatory vehicle ignition interlocks, and potential jail time. If an impaired operator fails to override a failing automated system and causes a crash that injures you, we will fight to hold them fully accountable for their recklessness.

• Can You Use a Phone in a Self-Driving Car?

  No, you cannot. Michigan’s strict hands-free driving law makes it completely illegal to manually hold, support, or use a mobile phone or electronic device while operating a motor vehicle on public roads.

  Many drivers mistakenly assume that engaging features like “Autopilot” or “Super Cruise” grants them a legal loophole to text, scroll through social media, or watch videos. This is a costly mistake. Because current consumer technology only offers partial automation, you are still legally required to supervise the road.

  If a driver is distracted by a mobile phone while relying on self-driving features and crashes into you, their violation of Michigan’s hands-free statute is a powerful piece of evidence of negligence. At Mike Morse Law Firm, we know how to subpoena cell phone records and match them against the vehicle’s internal data logs to prove a driver was distracted when they hit you. If you’ve been hurt, call us 24/7 at 855-MIKE-WINS so we can start building your claim.

• What Happens If a Self-driving Car Hits a Pedestrian?

  If you were hit one day while crossing the street, you no doubt want the guilty party to pay compensation for the harm they have done, even if your injuries are rather minor. When you approach the car to speak with the driver, however, you may notice that this is no ordinary car. It is an autonomous vehicle (AV), in which the computer does most – if not all – of the driving. Who, then, should you pursue for compensation?

  Self-driving cars are becoming increasingly common in many cities across the United States. In fact, experts are predicting that self-driving cars will soon become the norm rather than the exception. In the scenario presented above, the driver would most likely be found liable for negligence. But, in the case of a self-driving car, pursuing compensation from the guilty party may not be so straightforward.

  There may be several parties who share liability for the pedestrian accident. The driver is perhaps the most easily identifiable, even in the case of a self-driving car. He or she is a “backup driver” and is therefore supposed to be alert to the car’s activity.

  The vehicle manufacturer could also be found liable if the accident occurred due to a faulty part or system. This would then be a case of product liability.