Who's at Fault When Self-Driving Cars Kill People?

As more autonomous vehicles hit the road and inevitably cause crashes, courts will have to contend with a complex web of responsibility when ruling on wrongful death cases.

2 minute read

July 26, 2021, 9:00 AM PDT

By Diana Ionescu @aworkoffiction


An article from the law firm Pittman, Dutton, Hellums, Bradley & Mann, which specializes in wrongful death and car accident lawsuits, poses the question, "is [a traffic fatality] still wrongful death if the car is driving itself?"

So far, "self-driving cars cause more accidents (9.1 accidents per million miles driven) than vehicles involving a human driver (4.1 accidents per million miles driven)." And "[w]hen self-driving cars designed to reduce road carnage start to cause fatal accidents, concerns are raised regarding their safety and the issues of liability. Determining liability can be a sizable challenge, especially when you consider that many individuals and entities could play a role in an accident: the driver, car maker, technology provider, government, and local authorities."

The article goes on to define wrongful death from a legal perspective and explain how wrongful death lawsuits occur. When it comes to self-driving cars, the targets of lawsuits can include drivers, government, technology providers, and vehicle manufacturers.

In a widely publicized Arizona case, when an Uber vehicle using AV struck and killed a pedestrian, the courts and the National Transportation Safety Board (NTSB) placed the blame on several parties. "While it’s clear that a fatality caused by a wrongful act should be considered a wrongful death, the challenge comes about when we attempt to determine who is liable. For those who want precedents regarding liability, it’s unfortunate that big companies like Uber have resorted to out-of-court settlements. Consequently, there is limited guidance from court rulings regarding the issue." It remains to be seen how future lawsuits will play out and whether tech providers and manufacturers will take more responsibility for fatalities caused by their vehicles.

Sunday, July 11, 2021 in Pittman, Dutton, Hellums, Bradley & Mann

View down New York City alleyway at nighttime

Red Cities, Blue Cities, and Crime

Homicides rose across the nation in 2020 and 2021. But did they rise equally in all cities, or was the situation worse in some than in others?

March 12, 2023 - Michael Lewyn

babyt Boomer Homeowners

The Shifting Boomer Bulge: More Bad News for America’s Housing Crisis?

In the first of a two-part series, PlaceMakers’ Ben Brown interviews housing guru Arthur C. Nelson on the sweeping demographic changes complicating the housing market.

March 12, 2023 - PlaceShakers and NewsMakers

Yellow on black "Expect Delays" traffic sign

A Serious Critique of Congestion Costs and Induced Vehicle Travel Impacts

Some highway advocates continue to claim that roadway expansions are justified to reduce traffic congestion. That's not what the research shows. It's time to stop obsessing over congestion and instead strive for efficient accessibility.

March 14, 2023 - Todd Litman

Washington D.C. Protest

IPCC Report: The World Is Running Out of Time on Climate Change

The planet is not doing enough to reduce greenhouse gas emissions, according to a recent report published by the United Nations’ International Panel on Climate Change (IPCC).

March 20 - International Panel on Climate Change

A view of the Boise skyline, across tress int he foreground. The state capitol is visible amongst other office buildings.

Skyline-Defining High-Rise Potentially Coming to Boise

A rendering making the rounds in Boise depicts a 40-story apartment building that would be taller than all other buildings in one of the fastest growing cities in the United States.

March 20 - Boise Dev

Interior of Tesla car with driver holding hands off wheel in 'full self-driving' mode

Buttigieg: Tesla ‘Autopilot’ Marketing ‘A Concern’

The USDOT secretary says marketing doesn’t fall under his department’s investigative authority, but expressed disapproval of language that implies autonomous operation.

March 20 - Bloomberg

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.