Autonomous driving technology is being implemented in many new vehicle models, including features like adaptive cruise control, lane detection, automatic braking, and even autopilot mode. Despite the growing prevalence of driver assist and self-driving features, there are still issues that need to be worked out from both a technical standpoint and a legal perspective.

Self-driving technology has already begun affecting personal injury liability, and it will continue to do so as long as it is being used. Tesla is perhaps the most well-known car manufacturer dealing with self-driving car accident liability, as there have been many highly publicized cases involving the company in recent years.

Tennessee Law Regarding Self-Driving Technology

While not all states have taken steps to address the inevitable legal conflict that autopilot and driver-assist features will create, Tennessee has implemented laws that address driver versus manufacturer liability. Tennessee’s Code Section 55-30-106 discusses liability for accidents involving vehicles that use automated driving systems.

A vital element of this code section is that when the automated driving system is in use, and the driver is operating it reasonably and according to the manufacturer’s instructions, the system is considered the driver when determining injury liability. This does not mean that using self-driving or automated driving technology guarantees a driver impunity for accident-related injuries. It simply means drivers who use these systems responsibly and as directed may not be liable for machine errors.

The Future of Liability

A recent win for Tesla comes from a California case involving a Tesla driver who was injured in an accident while the car was on autopilot. In April 2023, a jury awarded the injured plaintiff zero damages for the accident because she did not operate the vehicle’s autopilot system according to the manufacturer’s recommendations. While in a different state, this verdict is an excellent example of how Tennessee’s code section may be applied in similar cases.

What the California case means for future cases throughout the country is difficult to predict, but further debate surrounding liability can be expected. User error can and does contribute to accidents involving self-driving vehicles. However, sometimes these systems are faulty or fail to account for every possible scenario. For example, a man in Tennessee was involved in a severe car accident after attempting to swerve onto the shoulder to avoid another vehicle, only to be forced back into the lane by his car’s lane assist feature.

There is no universal approach to determining liability when self-driving technology is involved. Consulting with an experienced car accident attorney can give you the best chance of building a solid case and reaching a favorable outcome. While we cannot guarantee the end result, we can promise that we will act as dedicated and committed advocates in your case. Call Cotter Law at 865-888-7155 for a free consultation or send an email to attorney@cotter-law.com.

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