Nevada has been a testing ground for self-driving and autonomous vehicle technology from the very beginning. Residents have been involved in driverless vehicle accidents since before there were any real laws established for autonomous vehicle injury liability. Today, victims still rely on representation from car accident attorneys to get the best possible results for their claims.
Is Nevada a No-Fault Car Accident State?
From the very first modified Toyota Prius to the latest test programs for Waymo, Las Vegas has long since been a hotspot for self-driving cars. Unfortunately, this means that Nevada drivers, bicyclists and pedestrians have acted as test subjects – often unknowingly at risk of accidents caused by new, faulty or malfunctioning autonomous technology.
In Nevada, the fault-based car accident law allows accident victims to hold those responsible for causing their injuries accountable. When a motor vehicle accident involves a semi-autonomous or fully self-driving vehicle, the liable party or parties often look different than in a case involving two standard vehicles. Victims may have more than just the other driver to blame.
When Are Manufacturers Responsible for Accidents Caused By Autonomous Vehicles?
The State of Nevada has enacted specific standards and laws for fully autonomous vehicles. This includes clear requirements for the testing and operation of self-driving cars on public roads. Companies that seek to test or use autonomous vehicles in Nevada must first fulfill the necessary requirements and obtain permits from the Department of Motor Vehicles.
If a vehicle manufacturer falls short of the duty of care to ensure the reasonable safety of a self-driving car on public roads, it could be held accountable for related traffic accidents, injuries and deaths under the legal doctrine of negligence. However, product liability laws in Nevada often mean it is not necessary to provide evidence of negligence for an injured victim to recover financial compensation.
Strict Product Liability Laws and Autonomous Vehicle Defects
Lawmakers recognize the power imbalance that typically exists between an injured consumer and a major manufacturing corporation. They enact strict liability laws to help protect customers during legal claims. This doctrine exempts most victims from having to prove negligence. If an autonomous vehicle accident in Nevada was caused by a product defect, proving fault generally is not necessary. The three types of product defects are:
- Design
- Manufacturing
- Marketing
Examples when applied to driverless vehicles are software and hardware design flaws, vehicle manufacturing defects, and dangerous marketing or advertising lapses. If one of these defects exists and there is proof that the vehicle caused or contributed to an accident, the manufacturer can be held strictly liable without evidence of negligence.
Shared Liability Among Multiple Parties
If you suffer serious injuries in an autonomous vehicle accident in Nevada, it is worthwhile to consult with a personal injury attorney about your rights beyond only holding the automaker or driver accountable. A lawyer can investigate to search for any other parties that may share fault for your losses, such as:
- Another driver (outside of the self-driving vehicle)
- A software designer, developer or engineer
- A technology or equipment supplier
- A fleet operator (such as a rideshare company)
- A maintenance provider
- The government
Autonomous vehicle accidents can occur due to issues such as inadequate testing by the company, failure to comply with safety regulations, sensor and camera failures, and the failure of a human operator to intervene when told to do so by the self-driving technology. To find out who you may be able to hold liable for your accident, contact Koch & Brim, LLP for a free case review.