Blog

Getting into a car accident with any kind of vehicle can be stressful. But what happens when that vehicle is a self-driving car? You may worry that you’ll walk over to the other vehicle to share contact information as required by law, only to discover there is no driver.  

Here’s what you should do if you are involved in an accident with a self-driving car in New York.  

New York Self-Driving Vehicle Testing Program 

The good news is that the scenario of discovering a driverless car shouldn’t happen at all. While New York has an autonomous vehicle testing program, it currently does not allow self-driving cars to be driven without a human present. 

So while an autonomous vehicle is on a public New York road, a trained safety driver must be inside the car at all times, paying attention to the road and staying ready to take control of the vehicle immediately if necessary. Any self-driving car company that violates this rule can have its permit revoked and may even face criminal charges. 

What the Law Means for You After an Accident 

With this requirement in place, there is always a person to exchange contact information with in the event of a crash. You can provide them with your name, proof of insurance, and other relevant information. They can similarly provide you with that information, as well as contact information for the self-driving car company. 

However, accidents with self-driving cars can still present unique challenges outside of exchanging contact information, especially if you are seriously injured. For this reason, it’s important to contact a lawyer familiar with self-driving car accidents as soon as possible after a crash.  

New York Is a No-Fault Insurance State 

New York is a no-fault insurance state. This means your personal injury protection insurance pays for your injuries after an accident, regardless of who was at fault — even if the crash involved a self-driving car. 

Every driver is required to have this type of insurance. It covers: 

• Medical bills 
• A portion of lost wages 
• Assistance services associated with your injuries 
• Other costs related to your injury 

Unfortunately, this policy is not unlimited, so your injuries might call for more compensation than the policy covers. What happens when you hit your policy cap? 

Eligibility to File a Lawsuit 

In New York, if your economic losses are higher than $50,000 — or you suffer one of several injuries that meet the serious injury threshold — you can file a lawsuit against a negligent party to get additional compensation. 

When an autonomous vehicle is involved in an accident, the trained backup driver can be found negligent. They are expected to act to prevent accidents and take over if the vehicle is performing any action that would be dangerous. 

Thus, while the vehicle can’t be at fault, the driver is considered at fault if the vehicle made unsafe decisions. The driver would also be considered negligent if they allowed their attention to drift from the road. They are supposed to monitor the vehicle at all times while it is moving. 

The company that employs the driver may also be at fault in the accident. A lawyer will be able to determine all liable parties in a crash with a self-driving car to ensure you pursue every dollar you are owed. 

What if the Car Doesn’t Have a Driver? 

If you discover that a self-driving car has no driver after an accident, despite New York’s laws against that practice, make sure to contact the police promptly. Document as much information about the car as you can, as it could potentially drive away on its own, and you want to be able to track it down. 

You will also want to contact an experienced personal injury lawyer right away. Getting into an accident with a self-driving car that doesn’t have a driver present can put you in a difficult situation legally. Cars can’t be negligent, so your lawyer may have to unravel complex laws to figure out exactly who is liable.  

Consult With a New York Car Accident Lawyer Today 

New York laws take a relatively straightforward approach to autonomous vehicles. However, these laws are still fairly new and can be tricky to navigate. The experienced team at Silberstein and Miklos can examine the details of your crash and uncover all liable parties — as well as what compensation you are entitled to. Call 1-877-ASK4SAM or contact us online to consult a skilled self-driving car crash lawyer today.