james

Partner at Charbonnet Law Firm LLC

Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury

Self-driving features are becoming more common on Louisiana roads. Cars can now help with steering, braking, lane changes, and other driving tasks.

But these systems can make mistakes. When one causes a crash, figuring out who is at fault may not be easy. A New Orleans auto accident lawyer can look at what the driver did, how the vehicle worked, and what caused the accident.

The driver may be responsible. So may the car maker, software company, or another party. Louisiana uses its existing negligence, product liability, and fault laws to handle these cases.

The Rise of Driver-Assistance Technology

Many newer cars have features that help drivers avoid crashes. These include lane keeping, adaptive cruise control, and automatic emergency braking.

Most of these features do not make a car fully self-driving. The driver still needs to watch the road and be ready to take control.

This is true when using systems such as Tesla Autopilot and Full Self-Driving (Supervised). If the driver ignores a warning or fails to take control, that can affect who is at fault. A system failure can raise a different set of questions.

When Automated Features Fail

One example is phantom braking. This happens when a vehicle suddenly slows down or brakes even though there is no real obstacle ahead. A sudden stop can put vehicles behind it at risk of a rear-end crash.

Other problems may include:

  • Failing to see a car, person, or object
  • Steering the wrong way
  • Software problems after an update
  • Sensor failures

Federal regulators have looked into reports of problems with automated driving systems. The NHTSA provides information about vehicle safety investigations.

Phantom braking in autonomous car failure

NHTSA Investigations into Tesla’s Automated Features

Federal regulators have investigated several issues involving Tesla’s driver-assistance systems.

Investigation

Opened

Models Vehicles

Issue

PE22-002 Feb. 2022 Model 3 and Model Y ~416,000 Phantom braking
EA22-002 June 2022 Multiple models ~830,000 Autopilot crashes
FSD probe Oct. 2024 Various models, 2016–2024 ~2.4 million FSD crashes in low visibility

The EA22-002 investigation led to a December 2023 recall of more than two million Tesla vehicles. The recall addressed Autopilot’s driver-attention safeguards.

Who Can Be Responsible for an Autonomous Vehicle Crash?

More than one party may be at fault. Louisiana allows fault to be shared when several people or companies played a role.

Driver Responsibility

The driver may be responsible if they:

  • Ignore system warnings
  • Stop watching the road
  • Fail to take control
  • Use the system against the manufacturer’s instructions

Using a driver-assistance feature does not remove the driver’s duty to drive safely.

Vehicle Manufacturer Liability

A car maker may be responsible when a defect helps cause a crash.

For example, the problem could involve:

  • Faulty brakes
  • Sensors that miss hazards
  • A design problem that creates a safety risk

These claims may fall under Louisiana product liability law.

Software Developers and Parts Suppliers

The problem may also come from software or a faulty part. A software company may share fault if its program makes an unsafe driving decision. A parts supplier may face a claim if a defective component causes the crash.

Full Self-Driving (Supervised) still requires an attentive driver who can take control at any time.

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How Louisiana Law Handles Autonomous Vehicle Crashes

Louisiana does not have one special law for every crash involving self-driving technology.

These cases may involve:

  • Negligence
  • Comparative fault
  • Product liability

Louisiana’s Products Liability Act may apply when a defective product causes an injury. A manufacturer may be responsible for certain design defects, manufacturing defects, or inadequate warnings.

Louisiana also has laws for some commercial autonomous vehicles. Those rules set requirements for how these vehicles can operate. They do not prevent an injured person from bringing a claim when someone else caused the crash.

Autonomous Vehicle Crash

How Fault Is Divided After a Crash

A crash can involve several parties.

For example:

  • Driver: Didn’t pay attention or take control when needed.
  • Manufacturer: The car or one of its systems had a defect.
  • Software company: The driving software made an unsafe decision.
  • Parts supplier: A faulty sensor, brake, or other part contributed to the crash.
  • Third party: Something outside the vehicle, such as unsafe road conditions, contributed.

A court can assign each party a share of the fault. That share can affect how much compensation an injured person receives.

What Evidence Matters After an Automated Vehicle Crash?

These cases can involve records stored inside the vehicle or its software.

Useful evidence may include:

  • Vehicle data logs.
  • Sensor records.
  • Software updates
  • Dashcam footage
  • Driver monitoring records
  • Police reports

Try to preserve the vehicle before repairs. Repairs or changes could affect data that may help explain the crash.

You should also:

  • Get medical care
  • Take photos of the scene
  • Get witness contact information
  • Report the accident
  • Keep medical bills and treatment records

Our guide on documenting an accident scene has more information

Frequently Asked Questions

Are drivers responsible when using Autopilot or Full Self-Driving?

Yes. These systems still require drivers to monitor the road and take control when necessary.

Can a vehicle manufacturer be responsible for an autonomous crash?

Yes. A manufacturer may be responsible if a defect in the vehicle or system contributed to the accident.

What evidence is used in an automated vehicle crash case?

Evidence may include vehicle data, sensor records, software history, witness statements, and accident reports.

Can more than one party be responsible?

Yes. Louisiana allows fault to be divided between multiple parties when more than one person or company contributed to the crash.

How long do I have to file a claim after a crash?

The deadline depends on the date of the accident and the type of claim involved. Speaking with an attorney early can help protect your rights.

Get Help After an Autonomous Vehicle Crash

Autonomous technology is changing how vehicles operate, but crashes involving these systems still come down to responsibility, evidence, and the facts of the case.

At Charbonnet Law Firm, our attorneys help injured people across Louisiana understand their options after serious accidents. If an automated feature was involved in your crash, our team can review what happened and explain the next steps. Call (504) 888-2227 for a free consultation.

With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.

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