Yes, you can sue a self-driving car company after an accident in Miami if the accident happened due to internal defects or company negligence.
However, determining liability after an accident involves an exhaustive investigation of the accident circumstances and technical aspects governing autonomous vehicle operation.
Florida’s laws concerning self-driving cars and autonomous vehicles are still evolving as the technology sees increasing adoption.
If you have been in an accident with a self-driving or autonomous vehicle, you need to speak to a car accident lawyer in Miami to explore your legal options for financial compensation.
Florida Treats Autonomous Vehicles as Drivers
Florida has been quick to adopt autonomous and self-driving vehicles and has passed laws allowing their use. Florida Statutes 316.85 allows self-driving cars to operate on public roads and establishes that the vehicle’s automated driving system is legally considered the operator of the car, regardless of whether the vehicle still has a human user in it.
Causes of Self-Driving Car Accidents
Autonomous vehicles use a series of sensors and cameras to feed inputs to a computer that decides how to drive. Some self-driving vehicles are capable of operating completely on their own with no human in the cabin, while others still require a human behind the wheel to take over if the automated system fails.
Below are some of the most common causes of self-driving car accidents in Miami:
- Broken sensors. Broken cameras and sensors can prevent the vehicle from sensing nearby traffic or pedestrians.
- Software glitches. Glitches and errors in the driving software itself can cause the vehicle to collide with others.
- Environmental conditions. Bad environmental conditions, like heavy fog or snow, can impede sensors and cameras on self-driving cars.
- Overreliance on automated systems. Some drivers might rely too much on automated systems and fail to correct their vehicle’s path.
- Other motorists. Other motorists can make negligent errors that cause them to crash into a self-driving car.
Suing a Self-Driving Car Company After a Crash in Miami
There are a handful of different legal theories under which you could sue a self-driving car company after an accident in Miami:
Defective Product
Florida law allows injury victims to sue manufacturers for injuries due to defective products. In the case of a self-driving car, manufacturing defects cover both hardware and software issues.
For example, if a camera failed and caused the vehicle to get into an accident, the manufacturer of the sensor could be responsible.
With software, programming glitches or faulty algorithms are defects that can cause accidents. Software manufacturers can be held liable if they push faulty updates or fail to test their decision-making systems for safety.
Failure to Warn
Many autonomous vehicles are not fully self-driving cars and still require the driver to pay attention and be ready to take the wheel for corrections.
Self-driving car companies may not adequately inform consumers about the limitations of their self-driving products, so drivers may use autonomous driving systems incorrectly.
Negligent Maintenance
You can also sue a self-driving car company after an accident if it happened due to negligent maintenance or upkeep. Self-driving car companies like Waymo may neglect to perform maintenance on their fleets or fail to keep their driving software updated and free of errors.
For example, if a company fails to replace a broken sensor it knows about and the vehicle causes an accident, the company could be liable due to negligent maintenance practices.
Inadequate Cybersecurity
Autonomous vehicles are vulnerable to digital attacks, and it’s possible for someone to access their systems and seize control. Primary liability for cyberattacks rests on the hackers, but self-driving car companies can share liability if they have inadequate cybersecurity protocols that failed to protect known vulnerabilities.
For instance, say a self-driving car company knows about an exploit in its system that could allow unauthorized users to access vehicles. If a hacker exploited that vulnerability, the company may be liable for negligent cybersecurity practices.
Proving Liability When Suing a Self-Driving Car Company
One of the most difficult parts of suing a self-driving car company after an accident is proving they were negligent. Automated vehicle systems are extremely complex, and establishing responsibility requires exhaustively documenting the technical aspects of vehicle operation. Relevant evidence in these cases might include:
- Vehicle and sensor maintenance records
- Software updates and patch notes
- Data logs and sensor metadata
- Testimony from engineering experts
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Contact a Car Accident Lawyer in Miami Today
The laws and legal procedures surrounding suing a self-driving car company after an accident in Miami are still nebulous and may change in the near future.
An experienced Miami car accident lawyer can ensure that your case proceeds according to the latest legal developments in autonomous vehicle law, giving your claim a better chance of a satisfactory resolution.
At Blakeley Law Firm, our team has over 40 years of combined experience. We’re a legal family committed to serving others and winning cases. Contact us today to schedule a consultation with our knowledgeable Miami personal injury lawyer team.
