The field of autonomous trucks and cars is developing extremely rapidly so compensation options lag behind currently. And as a result, there aren’t federal laws just for crashes involving self-driving cars and trucks specifically.
But most states are handling it based on normal car insurance and accident liability rules, at least for now. So the crashes get treated like regular car wrecks. But as self-driving technology makes more advances, those old laws might not work well.
How Does Getting Compensation Work Currently?
When one of these high-tech car versus truck crashes happens, here’s how people can get money back for their injuries or damages:
File a Lawsuit
Anybody hurt in the accident or the family of anyone killed in the accident can sue over it.
Lawsuits can claim the fault lies with:
- The company that built the self-driving car
- The truck driver and their trucking employer
- Any part makers whose faulty equipment caused issues
- The city or state, if bad roads contributed
The people suing have to legally prove one or more parties was negligent and caused the crash and injuries. But it’s extra tricky to show blame clearly when self-driving software gets so complicated.
But if they win, the court will award compensation for costs like:
- Hospital bills
- Income lost from missed work
- Ongoing health problems
- Emotional impacts
But lawsuits take a lot of time, money, and effort. And as any reputable lawyers – like the truck accident lawyers at Zehl Law – will tell you, there’s no guarantee they’ll succeed.
Insurance Claims
Another more direct method is making claims on relevant insurance plans. That’s usually faster than lawsuits.
For a truck collision, avenues for compensation could include:
- The truck’s commercial auto insurance
- Personal injury protection (PIP) of those harmed
- Uninsured driver coverage
- The self-driving car maker’s own insurance
But with insurance, you still have to show clear liability of someone covered by a plan. And with such a complex accident, proving exactly who’s at fault can still be challenging. Plus, the money the policies pay might not be enough to cover huge losses. That is why getting legal help is always advisable.
Money From the Self-Driving Car Company
Some self-driving car manufacturers set up special extra funds to pay victims of crashes involving their autonomous models. These optional funds let people get money directly from the company without long legal fights.
However, these car company funds have a lot of limits. They only cover certain situations, and the payout amounts are capped. For very serious injuries or deaths, their payments are often too small. And no laws require companies to offer these funds at all.
The Current Options When Making an Injury Claim:
- File a liability lawsuit against any negligent parties
- Make claims under any relevant insurance plans
- For certain situations, seek payouts from an autonomous car maker’s own special fund
- Push leaders for better self-driving car regulations
- Advocate for mandatory liability insurance optimized for autonomous technology
- Support alternative ideas like no-fault systems or federal injury funds
As you can see, getting compensation when a self-driving vehicle hits a truck has lots of challenges currently. Too many gaps exist in today’s regulations and insurance tools meant for only standard cars. And so lawmakers and regulators need to craft updated laws and coverage focused on autonomous technology specifically.
The federal agencies should supply unified nationwide rules on self-driving vehicles to bring consistency from coast to coast. States can also pitch in by requiring liability policies designed with high-tech accidents in mind. Other options like no-fault plans and federal compensation programs could help too.
Most importantly, the pace of innovation requires equally rapid updates to laws and insurance coverage. Making sure crash victims can recoup damages needs to stay a top concern amidst the progress. And so teamwork between government leaders, insurers, and self-driving developers is key for fairness and safety on the roads.
Challenges for Determining Compensation Currently
Given autonomous technology’s rapid evolution, gaps and shortfalls plague current processes for getting compensated after collisions with trucks.
These gaps include:
Laws Fail Keeping Pace
Because self-driving capabilities grow exponentially each year, legislation lags behind in regulating liability and payment structures following crashes. With no standardized federal laws specifically governing autonomous/truck accidents, an inconsistent patchwork of state policies leaves victims struggling to navigate options.
Insurance Tools Stretched Thin
Traditional car insurance plans also fail to align with autonomous technology’s unique risks. Ambiguous liability means victims too often go uncompensated through ordinary policies never designed for self-driving trucks or cars. Even custom commercial policies strain covering intensive losses from these complex multi-vehicle wrecks.
Legal Remedies Remain Backlogged
And seeking court remedies challenges victims as well due to the liability uncertainty intrinsic to these advanced systems. Lawsuits boil down to intensive battles of experts over highly technical factors across vehicle operations, driving environments and human behaviors. Courts increasingly being backlogged with traditional cases also causes compounding delays.
Rapid Change Outpaces Support Structures
Essentially the breakneck speed of development in autonomous vehicles far exceeds the evolution of compensation structures when collisions occur. Today’s insurance policies, liability laws, and legal channels all assume human oversight over vehicle operations which no longer applies in many new models. This gap leaves victims without modern support.
How Could Getting Paid After a Self-Driving Caused Accident Improve in the Future?
Because self-driving auto technology keeps advancing so rapidly, many argue that the laws and payment rules have to modernize too.
Here are some ideas:
New Federal Self-Driving Laws
Having one clear national set of laws specifically for autonomous cars would make the claims process after crashes more consistent everywhere. Uniform rules in all states would help make the system fairer and clearer for victims. But so far, the federal government hasn’t passed updated regulations.
Better Insurance for Self-Driving Vehicles
Requiring liability insurance plans tailored for autonomous technology could streamline getting compensation too.
Currently, innovation is outpacing insurance regulations. But luckily, states have already started updating car insurance requirements to catch up. Policies that blend injury, collision, and bigger liability coverage will offer better protection against high-tech crashes.
“No-Fault” Insurance Rules
Switching to a “no-fault’ system could also help get victims their payment faster. With no-fault rules, everyone just collects from their own policy after a crash, regardless of blame. Taking liability out of it avoids having to figure out the convoluted details. But there’s still a risk of maxing out coverage limits.
Federal Injury Compensation Program
Having a special federal fund specifically for injuries from self-driving vehicles could fill existing gaps with current options. Like workers’ compensation systems, it would provide set benefits to anyone hurt, with no need to figure out complex liability questions. Fees on autonomous car makers could supply money for improved benefits.
Options to Explore When Seeking Payment
If you were recently injured in an accident caused by an autonomous vehicle, what should you do? Well, while navigating practical routes to reimbursement remains complicated, possible pathways still exist, including:
File Insurance Claims Vigorously
Pursue every potential insurance avenue including personal injury protection, commercial trucking policies, product liability plans, and any autonomous vehicle policies. Contact state insurance commissioners to request reviews of claim denials that seem unreasonable.
Investigate Manufacturers Funds
Research autonomous vehicle makers involved to check if they operate direct compensation funds you may qualify for. These voluntary corporate programs aim to resolve ambiguous accidents fairly without long litigation.
Consult Specialized Attorneys
Locate plaintiff attorneys knowledgeable regarding state autonomous vehicle laws and regulations. They can assess liability intricacies in your crash and determine venues for potential lawsuits against negligent parties.
Advocate Improved Regulations
Contact state and federal transportation representatives urging them to prioritize updating compensation laws for autonomous trucking and vehicle victims. Get involved with advocacy networks focused on regulating evolving technologies. They can help.
