Companies all over the state and country are racing to get self-driving cars on the market. While there is evidence that these vehicles may someday help prevent many car accidents, there’s also evidence to the effect that they’re not quite ready to hit the road. This was the case in one Arizona accident that’s having some interesting consequences.
The facts of the case
The case in question took place in Tempe, Arizona, when a self-driving Uber kit a 49-year old woman and she was killed. According to the police, the woman was walking her bike across the street when the Uber hit her. The vehicle was going about 40 miles per hour and didn’t slow down when it hit the woman. This happened less than two weeks ago so we don’t have a clear picture of who will be found at fault – the vehicle, the pedestrian, or another entity? What is clear is that there will need to be some serious changes in the way liability laws are written if self-driving cars become more popular.
These cases may be heard under the theory of product liability
If this case happened in California, then it’s possible that the family of the deceased could sue the designer or manufacturer of the vehicle. They would do so under products liability. In these cases, it’s hard to prove that a company was negligent, but it can be enough to prove that the company is strictly liable via product liability laws. In our state, it’s up to the plaintiff to prove that they were harmed by the design of a product, or that the product had serious manufacturing issues or not enough warnings about known dangers.
This may apply to the case above. If it can be shown that there was a design defect that caused the car not to stop then Uber may be sued for wrongful death. The family of the victim would have to prove that the design was defective, that Uber either made, sold or distributed the property, that the product didn’t perform as it should even though it was used in the way it was supposed to be used, that there was harm suffered, and that the harm suffered was the result of the defect.
It’s also possible to file the case under theory of negligence
There is yet another option – filing under theory of negligence. Proving it could be hard but not impossible. First, the plaintiff would need to find proof that Uber manufactured or designed the vehicle and was negligent when doing so. They would then need to prove harm, and that the design or manufacturing flaw was directly related to their injury.
As you can see, these are not cut and dry cases. If you’ve been injured in any type of accident, or you’ve lost a loved one in an accident, then Law Offices of Fernando D. Vargas looks forward to your call at 909-982-0707. We can offer you a free consultation to help you through this time.
