Who's responsible if an autonomous vehicle causes a crash?

AUSTIN (KXAN) -- As Austin grows in population, so, too has its appeal to driverless vehicle technology.

General Motors' Cruise, Volkswagen and Waymo are just some of the companies that have set up shop testing autonomous vehicles in the Texas capital, with its transportation network and high pedestrian traffic noted as some of the reasons behind the appeal.

But with more vehicles sans drivers on Austin roadways, it begs the question: What happens if an autonomous vehicle causes a crash?

Austin-based law firm Byrd Davis Alden & Henrichson, LLP said the evolution of driver-free technology means litigation surrounding crash claims has evolved as well. Traditionally, a car crash caused by human error allows the victim to pursue a claim based on the driver's negligence, per the law firm's analysis. Most auto accident claims filed in Texas are done so under this stipulation, the firm added.

In the case of self-driving cars, that fault could fall into the hands of the vehicle's manufacturer.

"If the car was on autopilot and essentially 'driverless' at the time of a crash, the driver may not have been negligent," the firm wrote. "Instead, the cause of the crash may have been a defect in the vehicle. It follows that liability would fall on the manufacturer of the vehicle."

However, attorneys added liability might be a trickier thing to prove once self-driving vehicles are involved. Because insurance companies can't rely on a driver's statement from the autonomous vehicle, the law firm said these companies might analyze information provided by the "black boxes," or electronic control modules, in the AV.

As a result, a possibility could be the vehicle's manufacturer would be tasked with proving its vehicle didn't cause the crash, instead of placing the onus on the driver of the other vehicle to prove that the AV is responsible.

Byrd Davis Alden & Henrichson, LLP cites defective vehicle claims, where if a defect is found to have contributed to a crash, the manufacturer of the vehicle is held liable. Even if that is the case, those injured in crashes or who have sustained vehicular damages will still need to prove the extent of those damages through insurance adjuster negotiations.