Tesla Full Self-Driving (FSD) and the Legal Landscape: Challenges for Lawyers

As technology evolves, it poses more challenges for the legal system, especially regarding car accidents. Is the driver at-fault for a car accident when they use Tesla’s full self-driving (FSD)? Or is the company liable?

Can drivers still be charged with a DUI if they were in the vehicle but not driving? These and other questions and scenarios pose a series of legal complexities that car accident lawyers must adjust to and prepare for to determine fault and liability. Here is what you should know about FSD vehicles and their impact on the legal landscape.

Driver Liability in Self-Driving Cars

Determining liability is the most pressing concern regarding FSD-equipped vehicles involved in car accidents. When we look at traditional car accidents, the fault is usually assigned to the driver, and depending on in which state the accident occurred, different laws can affect fault, liability, and the settlement amount.

Since FSD vehicles are designed to take over some driving functions, fault will be more difficult to assign, potentially shifting liability from the driver to the car manufacturer or software developer.

New Data to Analyze

Regarding car accidents, all sorts of data and records are analyzed to build a strong case. Now, with FSD-related accidents, lawyers will need to understand and learn how to access and analyze a whole new series of data generated by these types of vehicles, including:

• Sensor information
• Cameras
• Telemetry systems

In some instances, a whole new type of expert witness may be used to present case facts regarding this new technology and help establish causation.

Insurance Implications of FSD-Related Accidents

Since FSD technology is relatively new and untested, insurance companies might be hesitant to cover accidents related to them, which also poses a problem for car accident lawyers. Since insurance companies aren’t ready to give a clear response on their stance regarding FSD-related accidents, disputes over coverage and higher costs for accident victims seem unavoidable.

State Laws and Regulations

It is still unclear how FSD vehicles will be regulated worldwide. Regarding the U.S., each state follows different laws concerning car accidents. In some states, even comparative negligence differs.

Now, with the addition of FSD vehicles, each aspect of car accident laws will be affected in some way, shape, or form. It’s also important to note that technology will continue to evolve, and other issues will come into play. Will a driver under the influence be allowed to enter an FSD vehicle without being liable in the event of an accident? Can the software be updated to consider DUI situations?

What is clear is that FSD software usage in vehicles is on the rise and will inevitably impact personal injury cases from various perspectives. Car accident lawyers will need to adapt and prepare for a new series of unique car accident circumstances and new data that they can use to establish liability.

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