
Self-driving cars are now on South Carolina roads. When they crash, the legal issues are far more complex than a normal car accident claim. Fault may rest with the maker, the software team, or the human inside the car — and often all three.
If you were hurt in an autonomous vehicle crash in Summerville, Crantford Meehan can help. Our Summerville personal injury lawyers handle complex cases with multiple liable parties. Contact us for a free consultation.
How Self-Driving Cars Work
Self-driving cars run at different levels of automation:
- Level 0 — No automation
- Level 2 — Partial automation (most cars on the road today)
- Level 3 — The car drives itself in some conditions but needs a human ready to take over
- Level 5 — Full automation in all conditions
Most cars today are Level 2. Level 3 cars are just now hitting the market. The level matters because it shapes who is at fault when a crash occurs. Understanding these levels is key in vehicle accident cases.
Why Liability Is So Complex
In a normal crash, the careless driver pays. With self-driving cars, the question changes: Was the human in control, or was the machine?
Key questions in every autonomous vehicle crash:
- Did the software fail?
- Did the maker design the system poorly?
- Did the human fail to watch the road?
- Did a mechanic do faulty work on the car?
Traditional fault-based liability assumes a human is driving. When a machine is driving, fault can shift to many parties at once. You need a lawyer who can find every liable party and pursue full payment.
Who Can Be Held Liable
The Driver
Yes, drivers can still be at fault even when the car is in self-driving mode. Under South Carolina’s comparative negligence laws, a driver may be liable if they:
- Failed to watch the road
- Failed to take over when needed
- Were careless in how they used the car
Understanding how comparative negligence affects settlements in Summerville is key to your case.
The Maker
Car makers must build safe vehicles, test them well, and push software updates to fix known safety flaws. If a defect in the software, sensors, or hardware caused the crash, the maker may owe you damages. Learn more about manufacturer liability in these cases.
Software Teams
The engineers who program self-driving systems may also face liability if:
- Bad code caused the crash
- The algorithms made a poor choice
- The decision logic was flawed
These cases need expert analysis, much like distracted driving accidents.
Vehicle Owners and Mechanics
Owners can be liable if they:
- Skipped maintenance
- Ignored safety warnings
- Used the car beyond its limits
Mechanics who service self-driving cars may also share blame if their work caused the crash. Proper upkeep is just as vital as knowing how to prove fault.
Shared Fault Among Multiple Parties
Who pays depends on what caused the crash:
- Software defect — The maker may pay
- Driver error — The driver may pay
- Multiple causes — Several parties may share the cost
Crantford Meehan has the multi-party litigation skills to find and hold every liable party to account.
Proving Fault in Self-Driving Car Crashes
These cases need more than witness statements and police reports. You need hard data from the car itself.
Vehicle Data Systems
Self-driving cars record vast amounts of data:
- Sensor readings
- Camera footage
- Software logs
- System diagnostics
This data shows whether the car’s systems worked right or failed. It works much like black box data in truck crash cases and is often key in rear-end collision cases.
Proving the Car Was at Fault
To prove the car itself caused the crash, you need:
- Vehicle data logs
- Sensor records
- Camera footage
- Software analysis
Expert witnesses who know self-driving technology review this data and explain whether a software defect, sensor failure, or other tech issue caused the crash. Crantford Meehan works with these experts to build strong cases. Our attorneys handle complex personal injury cases with emerging technology.
Sensor and Camera Data
Self-driving cars rely on radar, lidar, and cameras to see the road. If sensor data shows the car missed an obstacle or misread road conditions, it supports a product liability claim against the maker.
Software Defect vs. Driver Error
Telling a software defect apart from driver error needs expert review. An expert looks at the car’s data and decides:
- Did the system work as designed?
- Did a defect cause the crash?
This is critical. It decides whether the maker or the driver pays.
Expert Witnesses
Expert witnesses in these cases know:
- Vehicle software
- Sensor technology
- Self-driving systems
They explain complex tech in plain terms for judges and juries. Crantford Meehan has deep experience working with expert witnesses in complex cases.
South Carolina Law and Self-Driving Cars
Current Legal Framework
South Carolina has no specific law for self-driving cars yet. But the state’s existing personal injury and product liability laws still apply to these crashes.
Comparative Negligence
South Carolina follows a modified comparative negligence rule. You can recover damages if you are less than 51% at fault. In self-driving car crashes, multiple parties often share blame. Understanding how comparative negligence affects settlements in Summerville helps you get the most from your claim. This rule also applies to multi-vehicle collisions.
Statute of Limitations
South Carolina gives you three years from the date of the crash to file a personal injury lawsuit. But complex cases with multiple defendants may have earlier notice rules. Act fast to protect your rights.
Insurance Gaps
Standard auto insurance may not fully cover crashes tied to self-driving features. Gaps in coverage may leave you unable to recover full payment from insurance alone. Understanding personal injury protection (PIP) helps.
You may need to file claims against:
- Multiple parties
- The car maker
- Other defendants
Crantford Meehan can find all sources of recovery for you.
What to Do After a Self-Driving Car Crash
Taking the right steps after a crash protects your health and your legal rights. Understanding what to expect when filing a lawsuit helps you prepare.
Get Medical Care
See a doctor right away — even if you feel fine. Some injuries show up late. A medical exam creates records that support your claim. Learn about dealing with delayed injuries after a crash.
Document the Scene
Take photos of:
- Vehicle damage
- Road conditions
- Traffic signals
- Any visible injuries
Also note whether the car was in self-driving mode at the time of the crash. Learn how to take accident scene photos and how to read an accident report.
Preserve Vehicle Data
Self-driving cars store data that may be deleted or overwritten quickly. Ask that the car be preserved and that no data be erased.
Stay Off Social Media
Do not post about your crash, injuries, or the car online. Insurers and opposing lawyers watch social media and will use your posts against you.
Call a Lawyer
These claims are complex. An experienced attorney can:
- Find all liable parties
- Preserve key evidence
- Pursue full payment on your behalf
Crantford Meehan‘s Summerville personal injury lawyers are available around the clock.
Damages You Can Recover
Medical Expenses
This covers:
- ER visits
- Hospital stays
- Surgery
- Physical therapy
- Ongoing care
Serious crashes can lead to medical bills in the hundreds of thousands. Learn the best ways to track medical expenses and how to file an insurance claim.
Lost Wages
If your injuries keep you from work, you can recover lost income. If you suffer a lasting disability, you may recover lost earning power for life. Learn how to calculate lost wages.
Pain and Suffering
This covers physical pain, emotional distress, and reduced quality of life. Learn how pain and suffering damages are calculated. You may also recover compensation for PTSD.
Property Damage
This covers damage to your car and personal belongings.
Punitive Damages
In cases of extreme neglect, courts may award punitive damages. When makers and tech companies are at fault, their large insurance policies and deep pockets may lead to higher results.
How Crantford Meehan Handles These Cases
Our Attorneys
William C. Crantford holds an AV Preeminent Rating from Martindale-Hubbell and is a member of the Million Dollar Advocates Forum. He has handled complex injury cases and emerging technology litigation since 2015.
Jerry A. Meehan Jr. also holds an AV Preeminent Rating from Martindale-Hubbell and was named Top 10 Under 40 by the National Academy of Personal Injury Attorneys. He has handled severe injury cases and complex litigation since 2014.
Both are Trial Lawyers College graduates trained to present complex evidence to juries. Visit our about page to learn more.
Our Track Record
Crantford Meehan has recovered major results in complex crash cases:
- $2.35 million settlement — Tractor-trailer crash on I-26
- $1 million recovery — Passenger hurt in a DUI-related car accident in Florence, SC
See more case results.
Our Approach
We investigate every angle, work with tech experts, and fight for full payment. We handle these cases on a contingency basis — you pay nothing unless we win.
Frequently Asked Questions
Can I sue the driver of a self-driving car?
Yes. Drivers must still monitor the car and take over when needed. If they failed to do so, they may be liable along with the maker or software team.
How do I prove the car was at fault?
Through vehicle data logs, sensor records, camera footage, and expert analysis. Crantford Meehan works with technology experts who can review this data and prove fault.
What is the deadline to file a claim?
South Carolina gives you three years from the date of the crash. But complex cases with multiple defendants may have shorter notice periods. Talk to a lawyer soon.
Will my insurance cover a self-driving car crash?
Maybe not fully. Standard auto policies may have gaps for crashes tied to self-driving features. You may need to file claims against the maker and other parties to recover full payment.
What damages can I recover?
You may recover medical expenses, lost wages, pain and suffering, property damage, and in some cases punitive damages. The amount depends on your injuries and the strength of the evidence.
Why are these cases worth more?
Makers and tech companies often carry large insurance policies. The complexity of these cases and the emerging legal issues can lead to higher results — but outcomes still depend on the facts, injuries, and proof of fault.
If you were hurt in a self-driving car crash in Summerville or anywhere in South Carolina, Crantford Meehan is ready to help. Call (843) 832-1120 or contact us online for a free case review.
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