Who Is Liable in a Self-Driving Car Accident in NJ?
If you get involved in a car accident with a self-driving vehicle in New Jersey, it can be difficult to navigate the insurance claims process. Between New Jersey’s no-fault insurance laws and the legal implications of a self-driving vehicle, you may not know where to turn for financial compensation. Your claim could involve multiple at-fault and liable parties. Speak with an experienced New Jersey car accident attorney for legal guidance and support.
New Jersey’s No-Fault Law: When Can You Hold Someone Else Liable?
New Jersey is one of 12 no-fault car insurance states in the U.S. It uses a choice no-fault law, which gives drivers the option to purchase a basic or standard insurance policy. The option selected will determine if and when a driver can sue someone else for causing a car accident. Even with limited right-to-sue coverage, however, it is possible to file a legal claim outside of the no-fault system with a serious enough injury.
Determining Liability for a Self-Driving Car Accident
If you wish to hold someone else financially responsible for your self-driving car accident to recover compensation for your medical bills, property repairs and other losses, you must start by determining liability.
Under New Jersey’s comparative negligence law, the liable party in a car accident claim in New Jersey is the person who caused the crash. This may be someone directly involved, such as a vehicle driver, or a third party that contributed to the accident.
Vehicle Manufacturer
Self-driving car accident cases are unique in that they can involve the fault of the company that manufactured the vehicle. The technology used in these vehicles is still relatively new and constantly evolving. Unfortunately, this leaves room for errors and equipment failures, such as malfunctioning vehicle sensors. Defective parts that contribute to a self-driving car accident can allow a victim to hold the automaker liable.
Software Developer
Another possible liable party is the developer of the software used in the autonomous vehicle. If the automation technology experiences a glitch – or the system gets hacked due to poor security – an injured accident victim could bring a product liability claim against the software provider.
Human Operator
While completely self-driving vehicles such as Zoox and Waymo have recently debuted in major cities, the majority of autonomous vehicles still require operation and input from human operators. If the driver is distracted, negligent or does not take over control of the vehicle when instructed by the self-driving technology, he or she could face liability for a related car accident.
Evidence to Gather to Support Your Self-Driving Car Accident Claim
It is useful to collect evidence in the aftermath of a self-driving car accident so that you can support a potential injury claim. If you can, take pictures at the crash scene while you are still there. Capture images of any relevant details, such as road markings and property damage.
Call the police by dialing 911 to report the car accident to local law enforcement. Write down your police report number to obtain a copy later. Get medical care immediately and keep copies of your hospital records as proof of your injuries.
When you’re ready to pursue financial compensation for a self-driving car accident in New Jersey, contact a injury lawyer in New Jersey from the Law Offices of Jeffrey S. Hasson, P.C. We can help you determine the liable parties and preserve key evidence to strengthen your claim. Contact us today.