Who’s Liable When Self-Driving Cars Crash?

November 15, 2021 / 8:47 am

Autonomous vehicles are quickly becoming a transportation reality as companies continue to refine the technology that allows motor vehicles to pilot themselves. Self-driving cars change the primary responsibility for the operation of the vehicle which, in turn, changes the potential liability for the damage and injuries that occur when cars get into accidents.

The operation of motor vehicles has always been primarily under the control of a human driver – even as more and more functions have become automated. As human involvement in the driving process becomes less and machine intelligence assumes more of the responsibility, who will be liable for the errors that cause crashes?

At Colson Hicks Eidson we support the automated advances that make vehicles and roadways safer for all users. Our Florida auto accident attorneys are closely monitoring changes in the law that will be occurring in response to changes in driving technology.

The Current Problem of Human Error in Car Crashes

About 95% of all auto accidents are caused when a (human) driver makes a mistake. One of the goals of motor vehicle automation is to increase safety for all motorists on the roads. It is thought that the less responsibility a (human) driver has for the moment to moment decisions of driving the less likely a mistake will be made that results in an accident.

Human error is the primary basis for establishing liability in personal injury cases resulting from car accidents. But if a human is not actively driving a car and has instead relied on the automation technology of the vehicle, then it would hardly seem just to attribute an accident to human error – assuming reliance on the technology was reasonable.

Product Liability May Become the Focus in Self-driving Car Accident Cases

Instead of focusing on a defective decision made by a driver, the liability determination with automated vehicles may depend on proving a defect in the vehicle itself. Having to consider a car or the component parts of a car responsible for an accident complicates the process of establishing liability.

There could be several manufacturers involved in creating the technology that failed. That will mean more contention when it comes to apportioning fault. And those found responsible will have liability to the passengers that were in the vehicle at the time of the crash as well as others outside the vehicle that were injured.

This shift in liability will cause insurance companies to have to re-evaluate the risks associated with driving and determine how to ensure the new exposures.

Full Driving Automation is Still a Thing of the Future

The ability of a computer to drive a car – safely – is only as good as the program it is running. As good as autonomous vehicle programming continues to become, there will always be the potential for a vehicle to encounter a traffic situation that it has not been programmed to deal with and that’s when accidents can result.

The potential for occasional accidents will have to be acceptable to most people before the full automation technology can become mainstream.

The Society of Automotive Engineers (SAE) has identified 6 levels of driving automation in vehicles – from no automation to full automation. Levels 0-2 require a driver to be fully engaged in the responsibilities of driving. Levels 3-5 have automated features that can drive a vehicle without human intervention.

  • Level 0 – No automation
  • Level 1 – Driver assistance such as steering OR break/acceleration control
  • Level 2 – Driver assistance includes steering AND break/acceleration control
  • Level 3 – Vehicle can drive itself under certain conditions but a driver must take over when automation requests it
  • Level 4 – Vehicle can drive itself under certain conditions and does not require a driver to take over
  • Level 5 – Vehicle can drive itself under all conditions

As vehicles become more automated (but not fully automated) the driving responsibilities are shared between the driver and the vehicle. Some accidents that happen may be partly the fault of the driver and partly the fault of the automated systems.

The Miami product liability lawyers at Colson Hicks Eidson are anticipating more involvement in car accident litigation as driving automation continues to expand and take over driver responsibilities. If you have been injured in a traffic accident and you suspect vehicle automation might be involved, call our office at 305-476-7400 to schedule a free consultation or contact us here to put 40+ years of personal injury litigation experience to work for you.

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Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson President and Senior Partner Lewis S. “Mike” Eidson and Partner Curt Miner on being selected by the American Association for Justice to receive a prestigious award at the organization’s annual convention.

Mike will receive the Leonard M. Ring Champion of Justice Award, which honors AAJ members of outstanding integrity and character who have demonstrated a lifelong commitment to civil and human rights. A past AAJ president and long-respected national trial lawyer, Mike has spent decades advancing justice and protecting the right to trial by jury. 

“I am honored to receive this recognition,” Mike said. “It’s a privilege to be part of a legal community that shares a commitment to protecting people’s rights and ensuring access to justice.”

Curt was part of the team of attorneys who will receive the Steven J. Sharp Public Service Award, which honors plaintiffs’ attorneys and their clients who bring cases that highlight the vital role of the American civil justice system. Curt will be recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to help secure $1.2 billion in settlements for the families and victims. 

“It was one of the highlights of my career to work with the team of lawyers appointed by the Court, and our dedicated team at Colson Hicks Eidson, to help the many families that were impacted by this tragedy,” Curt said. 

The awards will be presented in July at the AAJ Annual Convention in San Francisco. Register here.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has been recognized as one of Florida’s top four trial law firms by Chambers and Partners in the 2025 Chambers USA Guide. We’re especially honored that five of our attorneys were individually recognized for their leadership, legal skill, and commitment to our clients.

Congratulations to Stephanie Casey, Julie Kane, Lewis S. “Mike” Eidson, Roberto Martínez, and Curt Miner.

We are grateful for the recognition and thankful to our clients and peers for continuing to place their trust in us.

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.


About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

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Click here to read the full guide.


About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (March 12, 2025) – Every day, the lawyers at Colson Hicks Eidson are privileged to deliver meaningful litigation results for our clients while working alongside some of the finest attorneys and people we know. We are honored that Lawdragon recognizes our dedication to our craft and are pleased to announce that all nine of our partners have been named in the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers guide.

Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions. Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (March 6, 2025) – This Women’s History Month, Colson Hicks Eidson congratulates partners Julie Braman Kane and Stephanie Casey who were named Florida Trend Legal Elite NOTABLE: Women Leaders in Law for their significant contributions and leadership in the legal profession.

Stephanie was recognized for her representation of injured consumers and her skills in complex litigation, including recent successes in ERISA health insurance benefits cases. Acknowledged by Chambers USA as “an excellent lawyer,” she actively contributes to the legal community as a Board member and former President of the South Florida Chapter of the Federal Bar Association, reflecting her commitment to mentorship and leadership in the profession.

Julie was recognized for her representation of plaintiffs in high-stakes personal injury and complex class action cases, leveraging over three decades of experience. Her accomplishments include serving as lead and liaison counsel in significant multidistrict and consolidated national litigation and securing notable verdicts and settlements in products liability, medical malpractice and negligence cases. A strong advocate for the underrepresented, she has spearheaded efforts to safeguard electoral access and has held leadership roles in the American Association for Justice and the Miami-Dade Florida Association of Women Lawyers. Julie’s legal knowledge is further acknowledged by Lawdragon and Chambers USA, underscoring her significant impact on the profession and her commitment to advancing justice.

We are proud to celebrate Julie and Stephanie, whose recognition reflects their outstanding achievements and the firm’s exceptional success in securing significant judgments and settlements across various areas of law.

Read more: http://digital.floridatrend.com/december-2024/page-86

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.