Who is Liable for a Self-Driving Car Accident in New Mexico?

Self-Driving Cars in New Mexico

Companies began testing self-driving cars in New Mexico in 2021, and from 2020 to 2022, an estimated 130 crashes involving driverless vehicles occurred. With more self-driving cars on the roads, this number is set to increase. But who is liable for a self-driving car crash in New Mexico? The answer may not be as simple as it seems. Fault may be determined with the proper investigative tools, but the technology in driverless cars is not always as accurate as advertised.

In The Article

When is the Human Driver Liable in a Self-Driving Car Accident?

Human drivers are liable in self-driving car crashes when they did something or failed to do something that led to the accident. For example, if a human driver runs a red light and T-Bones a self-driving car who is following the rules of the road, that human driver’s negligence led to the accident, and the human driver may be found at fault for the wreck.

In this case, the at-fault party may have to settle with the driverless car company for damages.

Additionally, for cars that require a human occupant to drive the vehicle or take control if the driverless car is on autopilot, a human driver may be held liable, if they don’t intervene in a dangerous situation that could be avoided.

When is the Manufacturer Liable in a Self-Driving Car Accident?

A manufacturer of self-driving vehicle crashes can be held liable for a crash and injuries, for several issues, including:

• Defective Design: Defects in the design of the vehicle can lead to the vehicle malfunctioning, which can cause accidents. Manufacturers have a duty of care to create driverless vehicles that are road-worthy, safe, and made with parts that function properly. If a defective design leads to a driverless vehicle crashing, when a human driver under the same conditions could have reasonably avoided the wreck, the manufacture may hold the responsibility for the crash.
• Flaws in Manufacturing: Even if a driverless vehicle is designed properly, things can go wrong during the build of the vehicle. This can happen when companies cut corners to save money or buy materials that succumb to wear and tear faster. If a self-driving car has a defective camera or sensors, the system may fail, causing a car crash. In cases like this, the manufacturer of the vehicle may be held liable for the wreck.

When are Third Parties Liable in a Self-Driving Car Accident?

A third party who owns and operates self-driving vehicles may be held liable for a self-driving car crash if,

• Software Errors: Driverless vehicle manufacturers use software to ensure that their cars remain safe. Software updates are necessary to ensure security and safety on the roads. Should a driverless vehicle’s software lead to an accident, including failing to detect a pedestrian, or miscalculating distance to the vehicle ahead, the manufacturer may be held liable for the crash.
• Improper Maintenance: On top of software updates, proper vehicle maintenance is necessary for self-driving car safety. Should a self-driving car cause a wreck because of a blown tire or broken sensor, the company who owns the vehicle may be held responsible.
• Navigational Errors: Self-driving cars use sensors and programming to map out routes. However, sometimes, these routes are outdated or don’t include construction zones or damaged roads. Should a driverless car crash because it did not alter its course in unknown situations, the company may be held liable for damages.

What to Do if You Were Injured by a Self-Driving Car

Driverless vehicle technology is not perfect and constantly needs to be updated. If you or a loved one was injured in a self-driving car crash in New Mexico, it may be difficult to figure out who is liable for your injuries. Finding a good car accident lawyer in New Mexico can investigate to find the liable party in a driverless car accident, and fight for your rights to ensure you get the compensation you deserve. Ron Bell Injury Lawyers has been serving New Mexico car accident victims for over 45 years, and we are ready to help you. Call us today for your free case evaluation.