Self Driving Car Accident Statistics

While Ontario’s autonomous car accident statistics are still limited with early-stage deployment, early evidence from the insurance industry and Insurance Bureau of Canada indicates that vehicle crashes involving autonomous vehicles are relatively infrequent compared to conventional motor vehicle accidents.

When an accident does happen, however, the consequences are serious.

Ontario pilot projects’ stories show that human driver negligence remains a primary reason even with the presence of today’s vehicles with partial automation or conditional automation.

For example, a human driver must remain vigilant and keep hands on the steering wheel while a car is in automated mode. Failure to follow this, cars can result in colliding with other cars, rear end crashes, or vehicle crashes resulting in car accident claims.

The Rise of Autonomous Vehicles in Ontario

Driverless cars, driverless cars, or self driving cars are no longer an imaginary concept. Automated car pilot projects are on the rise in Ontario as car companies and automotive engineers do not stop inventing self driving cars.

These new vehicles have a host of automated features, ranging from adaptive cruise control and lane departure warning systems to automatic emergency braking and parking assistance.

While these autonomous systems will assist drivers and even drive most of the time, pilot programs in Ontario are still requiring a human operator or human driver in the seat to maintain safe operation and provide human control when needed.

Complete autonomous vehicles, which will drive all the tasks of driving without human input, are still under pilot program.

Liability Challenges in Self-Driving Car Collisions

Determining fault and liability statutes after a motor vehicle accident involving autonomous vehicles is complex. Traditional theories of liability assume the fault of a driver as the leading cause of a car accident, but self-driving technology introduces additional actors and legal concerns.

In an accident, fault may lie with:

• Automobile manufacturers if a breakdown of autonomous driving systems or autonomous technology was the root cause of the accident.
• Computer programmers who designed the computer programs controlling driver assist or automatic halt functions.
• The human driver or human operator, especially when autonomous vehicles require a human driver’s intervention but the driver’s seat occupant failed to maintain themselves attentive.

These issues make accident claims complicated, which in most instances must incorporate medical reports, medical records, and police reports to establish the people involved and who can be sued.

Manufacturers

Automakers are answerable for the secure design of self-driving cars. If a defect in autonomous technology, such as a malfunction of adaptive cruise control or automatic braking, is the cause of a crash, the automaker may be liable. As consumers gain access to fully autonomous cars and completely automated systems, automakers must ensure that their car functions are holding up under rigorous safety standards and reduce the role of the driver to an absolute minimum.

Software Developers

Behind every autonomous vehicle is a team of developers who are tasked with developing automated features and automated driving systems. When a coding error or system failure causes an accident, developers can become liable for determining liability. Lawyers typically probe whether the software did not assist drivers appropriately or if it required human oversight that was not aptly explained.

Drivers

Although self driving cars and driverless cars are doing the majority of the driving, Ontario pilot law still has a human driver sitting in the driver’s seat and ready to provide human intervention.

What this means is that at any time there is a motor vehicle accident, the human driver would also remain liable in accordance with traditional liability law.

Drivers must:

• Be vigilant and remain focused even when the vehicle is in autonomous mode.
• Maintain hands on the wheel at all times and be ready to take over in case the automated vehicle system breaks down or is unable to handle a particular situation.
• Monitor the road for other automobiles, people, and roadside unexpected obstacles, the same way they would with a conventional motor vehicle.

If a crash occurs and it is proved that the negligence of the driver, e.g., distracted driving, lacking timely human intervention, or over reliance on self driving technology, was the cause of the crash, the driver can be held partially or fully liable.

As a result of such legislation, Ontario courts and the insurance industry continue to view the human driver as a key figure in any autonomous car crash claim, thus placing drivers at the centre of liability determination.

Stats on Self-Driving Car Accidents

The government of Ontario’s official statistics for self-driving car accidents are not available yet because fully autonomous vehicles are only in the experimental phase.

According to pilot data released under the automated vehicles program of Ontario and the Insurance Bureau of Canada, crashes involving driverless cars or motor vehicles using automated driving systems remain rare as compared to traditional motor vehicle accidents.

Yet as autonomous and self driving cars with adaptive cruise control, lane departure warning, and automatic braking become increasingly widespread, the number of accidents involving self driving cars will increase.

Early projections put it that when an accident occurs, most of the time it is in the form of a need for human intervention, for even where there has been partial or conditional automation, nevertheless the human driver or human operator must remain in the driver’s seat prepared to seize the steering wheel and ensure the safety of the vehicle.

These figures are also shaping how the auto insurance industry and car manufacturers handle automobile accident claims and the evolving legal responsibilities of motor vehicle and software makers.

Ontario’s Legal Framework Surrounding Self-Driving Car Crashes

Fault and liability statute for self driving car crashes in Ontario is more complex than that of a traditional motor vehicle accident.

Current statutes require all autonomous vehicles or cars with autopilot technology to still have a human operator on board who can take manual control of the automobile at any given moment.

When an accident occurs, traditional liability principles are applied first, focusing on whether driver negligence contributed to the crash.

Yet self driving technology introduces additional parties who may be held liable, including:

• Vehicle manufacturers, if an issue with the automated driving systems or a failure in automatic braking caused the accident.
• Software developers, if flaws in the programming of automated features or driver assistance systems contributed to the collision.
• The human driver, had they not remained vigilant or to provide human input where the vehicle required it.

Ontario’s legal system is adapting to these issues, but until cars are fully automated and can operate without any human input, courts will continue to weigh the actions of the human driver alongside the software used in automated technology when determining liability.

Contact Our Car Accident Lawyer for Legal Representation

If you, or a loved one, have been injured in an auto collision with a self driving car in Ontario, you must consult a lawyer as soon as possible. With Grillo Law, our personal injury lawyers offer a free consultation to review your case and determine your rights.

We will:

• Review the circumstances leading to the accident, including the deployment of automated features such as cruise control, parking aid, and automatic emergency braking.
• Replay all the evidence, police report and medical records, vehicle information from the autonomous driving systems, to determine which of the involved parties is responsible.
• Handle all communication with the insurance company so that claims for accidents are properly made and you receive fair compensation for medical care, damage to property, and long-term effects.

Because autonomous vehicle accidents present unique questions of driver negligence, auto manufacturers, and computer engineers, it is important to have an experienced Ontario automobile accident lawyer involved in the process and protecting your rights.