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The family of a man killed while riding in a self-driving car has retained a lawyer.  Could the manufacturer be liable for injuries caused by these cars?

How Safe Are Self-Driving Cars?

Self-driving cars are the wave of the future — according to their manufacturers, that is.  These cars use technology to gauge the speed and distance of surrounding cars, determine road markings, and even automatically change lanes when you indicate the turn signal.  Critics say that these cars are unsafe — a claim that has resurfaced after a self-driving car fatality in Florida.

A Fatal Accident

At the end of June, Joshua Brown was killed while on “autopilot” mode in his Tesla Model S.  He was using autopilot mode while allegedly watching a Harry Potter movie.  When attempting to turn across a divided highway, the car’s sensors failed to distinguish between the white side of a tractor trailer and the sky, causing the collision.  Mr. Brown was killed in the accident.

The National Highway Traffic Safety Administration is investigating the accident.  Tesla has noted that over 130 million miles have been logged on autopilot with no accident. Mr. Brown’s family has retained an attorney, likely with the intention of suing Tesla for his death.

Design Defect

When a person is injured by a product, the manufacturer may be held financially responsible for their injuries or losses.  Products liability cases often involve products that have:

  • Manufacturing defects, like a bicycle with a broken chain that caused you to crash;
  • Design defects, such as a car that could catch on fire under certain conditions; or
  • Improper Labels, like a cleaning product that did not warn that mixing it with other solutions could cause dangerous conditions.

If Mr. Brown’s family files a lawsuit against Tesla, it could be under the design defect or the improper label theories.  The family may argue Tesla’s self-driving cars have a design defect that makes it difficult for the car’s cameras to distinguish between wide, flat surfaces like the side of a tractor trailer and the sky.  Alternatively, the family may claim that self-driving cars are inherently dangerous and that they cannot be used safely as design.  The family may also argue that Tesla did not provide adequate warnings about using the self-driving mode, so that Mr. Brown was not fully aware of his need to pay attention while the car was in autopilot.

In response, Tesla could argue that it was negligent for Mr. Brown to not pay attention while the car was in autopilot mode — and that it has already warned drivers that autopilot mode still requires assistance from drivers.  If Mr. Brown was watching a movie while driving, that could be evidence that it was his own negligence that caused the accident — not Tesla’s design.

As we move closer to the reality of self-driving cars on our roads, the products liability attorneys at PLBH will be paying close attention to how courts handle these cases.  It seems likely that self-driving cars will cause more accidents, injuries and fatalities — will it be the driver or the manufacturer who is held responsible for these losses?

If you have been injured by any product, you will need an experienced products liability attorney on your side to fight for you.  Contact PLBH today at (800) 435-7542 or info@plblaw.com to learn more about how we can help if you have been hurt by a self-driving car or any other potentially dangerous or defective product.