Many states are now allowing self-driving cars. As these vehicles appear on the roads more often, the landscape for personal injury claims is also changing. After all, you are not alleging a driver made mistake.
You are trying to prove an electronically operated vehicle made errors. If you have been involved in such an accident, you should consult with a New York personal injury attorney. Self-driving cars are just as the name implies.
They can sense the environment around them and are supposed to navigate safely without the input of a person. A variety of technology is used to create this kind of vehicle, including GPS, computer vision, radar, laser lights, and odometer.
How Negligence Comes into Play
For a successful personal injury claim, you must prove that the other party acted in a negligent manner. There are four elements of negligence – duty of care, breach of that duty, that the breach was the cause of the accident, and that the negligent act led to the accident that caused the damages.
In this case, you will have to show that the self-driving car made an error that resulted in the accident in question. As an example, the vehicle did not properly sense its environment, so it ran a stop sign and caused a T-bone collision or didn’t stop and hit another vehicle in the rear.
In New York, pure comparative fault is used. New York is one of 13 states that uses this approach. In comparative fault, when both parties were negligent, the court must determine each party’s percentage of fault for the accident and then proportionately award damages.
New York Accident and Insurance Laws
Drivers are required to maintain auto insurance coverage in New York. The minimum amount of liability insurance coverage includes $25,000 for bodily injury to one person, $50,000 for bodily injury total, and $10,000 for property damage in a single accident.
There is a mandatory no-fault coverage of $10,000 also required. If an individual is caught driving without auto insurance in the state, a traffic court can fine the driver as much as $1,500.
In addition to the fine, you will have to pay the Department of Motor Vehicles a $750 civil penalty to get your driver’s license back after it has been revoked for driving without insurance. Your vehicle registration and driver’s license can both be suspended.
Comparative fault means that even if both parties acted negligently, the other party can still recover damages. That means if you are involved in an accident with a self-driving vehicle and you are deemed to be 25% at fault for the accident, then you can still recover 75% of the damages from the insurance coverage for the self-driving vehicle.
As an example, if your damages total $100,000 and you are 25% at fault, you can recover up to $75,000 in damages from the other party. You will, however, how to prove negligence and show fault just as you would with any other auto accident.
There is a three-year statute of limitations to pursue a personal injury claim for an accident caused by negligence in New York.
Speak With a New York Personal Injury Attorney
If an accident caused by a self-driving vehicle in New York has left you with injuries, you should consult with a personal injury attorney. Working on a contingency basis, personal injury lawyers do not get paid until you are compensated for your losses.
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