Self-driving cars are being tested throughout the United States. While a handful of states have passed laws allowing for fully driverless cars, Maryland has taken a more cautious approach. Currently, Maryland does not have a framework authorizing fully autonomous vehicles (AVs) to operate on public roads without a licensed driver.
But what happens if youāre in a car accident involving an autonomous vehicle? Whether you were injured after being hit by a self-driving car or suffered injuries as the driver of an autonomous vehicle that malfunctioned, you could be entitled to financial compensation. However, Marylandās harsh contributory negligence law can prevent you from recovering compensation if you share any fault for the collision. As Maryland autonomous vehicle laws evolve, consulting an experienced self-driving car accident lawyer can help you understand how liability works if youāre in a crash with a vehicle equipped with autonomous technology.
Since 2017, the personal injury lawyers at Trollinger Law LLC have provided client-centered legal representation to clients throughout Southern Maryland and the DMV region. Call or contact us today for a free consultation with a self-driving car accident lawyer in Maryland.
Types of Self-Driving & Semi-Autonomous Vehicles in Maryland
The National Highway Traffic Safety Administration (NHTSA) recognizes automated driving systems as a promising technology with potential safety benefits, including crash and injury prevention. Youāre seeing the early stages of automation now in modern cars equipped with driver assistance technologies, such as blind spot warnings and lane departure warnings.
SAE International developed the current classification system for vehicle automation. It includes six levels:
- Level 0 ā The driver is fully responsible for driving, while the vehicle may have some features that provide momentary assistance, such as automatic emergency braking.
- Level 1 ā The driver is still fully responsible behind the wheel while the carās system provides continuous assistance with acceleration/braking or steering. Adaptive cruise control is an example of Level 1 technology.
- Level 2 ā Similar to Level 1, the driver is still responsible for driving tasks. But at this level, the system provides continuous assistance with acceleration/braking and steering. Highway Pilot systems, available in some cars, are an example of this technology.
- Level 3 ā Called conditional automation, this stage is where the carās system handles all vehicle operation, but a driver is available to intervene if requested by the vehicle.
- Level 4 ā Known as high automation, these are vehicles that need no human intervention, but only in specific areas.
- Level 5 ā The vehicle is fully automated, with no need for assistance from a human driver under any circumstances.
According to NHTSA, Level 3 technologies are not widely available for consumer purchase. Levels 4 and 5 are currently not available to consumers. Maryland law generally recognizes certain automated vehicle technology, but has no current framework authorizing Level 4 or 5 vehicles to operate without human oversight.
Who is Liable When an Autonomous Vehicle Crashes?
Liability could rest with several parties in a self-driving car crash, including:
- The human driver
- The self-driving car manufacturer
- The designer of the autonomous vehicle technology
- The software provider
- Other drivers
Sometimes, more than one party may be at fault for a self-driving vehicle accident. In some cases, Marylandās joint and several liability laws may allow an accident victim to pursue compensation from any parties found to be at fault. However, your ability to recover depends on whether you played any role in the AV collision.
Why Maryland’s Contributory Negligence Rule Matters in AV Cases
Maryland uses a contributory negligence doctrine to determine fault in car accident cases. In an autonomous vehicle accident, a valid personal injury claim may arise from several scenarios, including:
- You were a human operator and a problem with the AV technology caused the crash that injured you even despite your best efforts to avoid the accident.
- You were hit by an AV and suffered an injury through no fault of your own.
Under the contributory negligence rule, you can only recover compensation if you played no role in the accident. Even being 1% at fault in Maryland could mean losing your right to compensation.
This harsh standard is one of the most important reasons victims consult autonomous vehicle accident lawyers. Insurance companies may attempt to shift blame onto accident victims to deny or minimize payouts. An experienced car accident lawyer can gather evidence, challenge unfair fault assignments, and advocate for full and fair compensation.
What Compensation Can You Recover?
Injured Marylanders may be able to obtain a range of damages in car accident cases, including money for:
- Medical bills
- Future medical expenses
- Lost wages
- Reduced earning potential
- Pain and suffering
- Loss of enjoyment of life
- Permanent disabilities due to accident-related injuries
- Property damage
If the autonomous vehicle accident was fatal, certain family members may be able to file a wrongful death lawsuit against the liable parties. A Maryland wrongful death lawyer from Trollinger Law LLC can explain your legal options during this difficult time.
What to Do After a Self-Driving Car Accident
Many of the steps you take after a self-driving car accident are similar to what you would do after any crash. You should:
- Seek immediate medical attention, even if your injuries seem minor.
- Call law enforcement to the accident scene to investigate and write an accident report.
- Take photos and videos of your injuries, vehicle damage, and the scene of the accident.
- If you were the AV operator, photograph any visible warnings or indicators. Avoid deleting or altering vehicle data until it is reviewed and preserved.
- If you were hit by an autonomous car, request the AV driver’s insurance information.
- Get names and contact information for any witnesses.
- Contact an experienced car accident attorney in Maryland to learn your legal options.
Your attorney can launch an immediate investigation and work to preserve important evidence related to the self-driving car, such as computer logs, system alerts, and any potential software or mechanical issues that may have contributed to the crash.
How Trollinger Law LLC Can Help
For over a decade, Trollinger Law LLC has provided strategic and compassionate legal support to injured people in Southern Maryland and the DMV region. Our law firm has recovered millions for people injured in motor vehicle collisions. Past results cannot guarantee future outcomes, but they reflect the level of preparation and precision our personal injury lawyers bring to every case.
Clients choose our firm for its reputation for excellence, both from peers and past clients. Firm founder Matt Trollinger has been recognized by Super Lawyers for several consecutive years, an honor reserved for the top 5% of attorneys in any given state and practice area.
With over 230 five-star Google reviews, you donāt have to hear it from us. Hereās what former client Dan Waller had to say about his experience with our firm:
āMy late wife was in a car accident. Even though she passed away with an unrelated cancer before the matter was settled, Matt and his team forged ahead, winning a settlement on her behalf after she had passed away. It is a comfort to me, knowing my late wife got justice on the matter Trollinger Law worked so hard to address.ā
Contact Us for a Free Case Review
Were you injured in a crash involving autonomous vehicle technology? Contact Trollinger Law LLC today for a free consultation and learn how Maryland law may apply to your case.
