PLEASE NOTE: In response to Covid-19, we are offering our clients the ability to meet with us remotely via telephone or video conferencing.

Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer
Illinois Personal Injury Law Firm

Free Consultations:

No Fee Unless You Win | Phones Answered 24 Hours A Day

Map & Directions
Email Our Firm
X

30 Second Online Case Analysis

Were You Injured in IL?
Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer
Illinois Personal Injury Law Firm

Free Consultations: 630-848-9294

No Fee Unless You Win | Phones Answered 24 Hours A Day

1730 PARK STREET SUITE 209 NAPERVILLE, IL 60563

When Winning Matters, Your Lawyer Matters

We’ve Recovered More Than

$

For Our Clients

Attorneys
  1. You Are Here: Home
  2.  » 
  3. Products Liability
  4.  » Would a driverless car accident be a product liability case?

Would a driverless car accident be a product liability case?

Normally, a car accident in Illinois is going to start either a personal injury case, a criminal case or both. But what happens when driverless cars — which are feeling more and more like an inevitable development every day — get in accidents? Would that be a product liability case?

It’s hard to know just yet, as driverless cars are very uncommon and the ones that do exist rarely get in accidents. They have never been in an accident where someone else was not at fault. However, experts argue that it would definitely be a product liability issue when it happens.

Remember, product liability takes design into account. If software that is designed to help the car drive on its own fails, then that software and the people who wrote it are at fault. The passengers in the car would be much more difficult to pin fault on. It’s similar to the way that a defect in a modern car — like the ignition issues that recently spawned many recalls — can cause an accident that human drivers can’t control.

One example given is if the autonomous steering technology is flawless in daylight hours, but then fails at night. Anyone involved in such an accident could easily claim that driving after dark is a reasonable activity that should have been considered by the designers, and that the fact that the car wasn’t designed to do so means those designers were negligent. As long as the person who owned the car used it properly, the fault would fall on the design itself, and it would be a product liability case.

Any time new technology hits the market, it’s important for consumers to understand the liability implications.

Source: The Atlantic, “Who Is at Fault When a Driverless Car Gets in an Accident?,” John Villasenor, accessed Aug. 20, 2015

Archives

FindLaw Network
Rated By | Super Lawyers
Google Reviews
Multi-Million Dollar Advocates Forum
Avvo Rating | 10.0 Superb | Top Attorney Personal Injury
America's Top 100 Attorneys | Lifetime Achievement | Top 100

More of Our Results

Take Action Now! No Fees Unless You Win!

Click to send your case details: