Who Is Liable When a Construction Worker Is Hit by a Self-Driving Car?

Construction workers have to contend with many safety hazards, one of which is cars. Now that also includes self-driving cars, which are growing in popularity on American roads.

Autonomous vehicles like Teslas rely on a system of sensors, cameras, and algorithms to navigate traffic. If you’re a construction worker who has been hit by a self-driving car, understanding who is liable for the car accident is crucial.

If you have questions about a self-driving car crash at a construction site, talk to a construction accident lawyer for legal advice.

Liability in Self-Driving Car and Construction Worker Accident Claims

In this article, we’ll look at the different factors that determine liability in such cases, including the:

• Construction site employer
• Self-driving car’s owner
• Car manufacturer

Determining liability when a construction worker is involved in a self-driving car accident is likely to be a complicated process. It will involve assessing who was doing what, when they were doing it, and how they were doing it at the time of the crash.

Construction Company Liability in a Construction Site Accident

Your employer plays a central role in ensuring your safety on the construction site. This includes providing:

• Safety measures: Your employer must implement safety measures and provide proper training. If you’ve been hit by a self-driving car because the construction site lacked adequate traffic control measures or your employer didn’t provide you with personal protective equipment (PPE) like a reflective vest, your employer might be held liable for failing to maintain a safe workplace.
• Supervision: Supervisors and managers must monitor the construction site and address unsafe conditions. They cannot allow dangerous situations to persist.

In many cases, injured workers are covered by workers’ compensation insurance, regardless of who was at fault. Workers’ compensation provides medical benefits and wage replacement, but it generally prohibits workers from suing their employers.

Liability of the Self-Driving Car’s Owner or Operator

The owner of the driverless car may also be liable for causing an accident with construction workers based on the following factors:

• Maintenance: Owners of self-driving vehicles must keep their cars in good working order. Neglecting maintenance can result in brake failures or malfunctioning sensors, which can cause fatal accidents.
• Operating the vehicle: If the self-driving car was manually operated or should have been manually operated by a human driver at the time, the driver is liable for their actions.

Liability of the Car Manufacturer

Self-driving cars often include advanced safety features like collision avoidance systems. If these autopilot driving features malfunctioned or were not properly maintained, liability could shift to the vehicle manufacturer or automaker. In a product liability claim, the carmaker is liable for design or manufacturing defects.

How Do You Prove Negligence in a Personal Injury Claim?

Negligence is a key concept in determining liability in vehicle crashes involving autonomous cars and construction workers:

• Duty of care: Determining liability often hinges on whether a party owes a duty of care to others. Employers owe a duty of care to their employees to provide a safe workplace, while vehicle owners owe a duty of care to operate their vehicles safely.
• Breach of duty: It must be shown that a party breached their duty of care. Your employer failing to provide adequate traffic control measures in a construction zone is an example of this.
• Causation: This requires demonstrating that the breach of duty caused injuries.
• Damages: You must suffer damages or injuries as a result of the vehicle collision to have a legal claim for compensation.

How Can a Vehicle Accident Attorney Help?

If you’re a construction worker who has been hit by a self-driving car, consulting a construction accident lawyer is important. An attorney can:

• Provide you with expert legal advice and explain your rights and options
• Conduct a thorough investigation into the circumstances surrounding the accident, including gathering evidence and interviewing witnesses
• Negotiate with insurance companies on your behalf for the compensation that you deserve for your injuries
• Take your case to court if necessary to put you in the best position to recover compensation

Given the various potential liable parties in this scenario, someone familiar with auto accident law, construction law, property damage law, and if applicable, wrongful death, would be best.