It’s not yet common to see a vehicle zipping down a New Hampshire street with no driver behind the wheel–but it can happen. Ever since former Governor Chris Sununu signed a law in 2019 that allows for the testing of self-driving cars on public roads, the number of vehicles with automated driving systems has slowly increased.
Still, many New Hampshire motorists find that murky state laws and guidelines about driverless cars have left them with many questions. Is it legal to operate autonomous vehicles? Who can do so, and when? And who is responsible if the car gets into an accident? We’re going to address some of these questions below.
If you have been injured in a driverless car accident in New Hampshire, you might be entitled to compensation for your injuries and other losses. Contact the New Hampshire personal injury lawyers at Tenn And Tenn, P.A. Call us today at
888-332-5855 or
online for a free consultation. We represent clients throughout New Hampshire, including Concord, Portsmouth, and beyond. We want to help you receive the fair and full compensation you deserve.
Operating Driverless Cars in New Hampshire
Like many states, New Hampshire is still figuring out how to handle autonomous vehicles (AVs). Although no New Hampshire law explicitly states, “AVs are legal,” the law suggests that they are not illegal if certain conditions are met. For example, an individual may operate a self-driving car if:
- they have applied for and have been granted a permit or approval to do so
- the vehicle can comply with all state traffic and safety laws
- the vehicle meets all appropriate registration, titling, and insurance requirements
- the vehicle can achieve a “minimal risk condition” if the automated system fails
- a human driver must be present in the vehicle, depending on the vehicle automation level
- the operator may liability insurance equivalent to the minimum required under existing insurance law, if no human driver is present in the car.
Who’s Responsible if an AV gets into an NH Accident?
AV vehicles have made the question of who is liable for accidents much more complex, with numerous grey areas. New Hampshire law does not expressly discuss the issue, but traditional negligence and tort law suggest that it can act as a guide. These laws indicate that liability can fall into several categories.
Driver Liability. If there is a human driver in the car, they may be held liable if they are at least
51 percent responsible for the accident, as New Hampshire’s comparative fault law dictates.
AV crash cases in other states have indicated that even the humans in the vehicle are still required to stay alert and take over controls if needed. If the operator is distracted and a crash occurs, they can be held liable.
Manufacturer Liability. If a defect in the vehicle’s hardware or software contributes to a crash, such as a faulty sensor, braking issue, or incorrect automated response, the manufacturer may be liable under product liability law. Plaintiffs must show that the vehicle was defective and caused the accident.
Software Developer or Tech Company Liability. AV systems rely on complex software, and liability could extend to third-party developers or companies that supply the automation technology if these systems are responsible for the accident. For example, if an algorithm fails to recognize a hazard or behaves unpredictably, leading to a crash, these companies might be legally at fault.
Shared Liability. Just as in an ordinary accident with human drivers, multiple parties may be at fault in some cases. It’s possible that a driver may have been distracted, and the system may have failed in some way. Such cases are highly complicated and require an in-depth investigation by experienced New Hampshire car accident lawyers.
New Hampshire Car Accident Lawyers Can Help
While crashes involving AVs are still relatively rare, they’re likely to become more common as the technology continues to develop and these vehicles appear more frequently on the road. If you’re involved in a crash with an AV or while using one, you should immediately reach out to an experienced car accident lawyer. Because the law around AVs is still developing, determining liability can be complicated.
If you’ve been injured in an accident involving a self-driving vehicle, call the experienced New Hampshire personal injury lawyers of Tenn And Tenn, P.A. We can help you understand your rights, investigate who may be at fault, and build a strong case. Contact us today at
888-332-5855 or
online for your free evaluation. We represent clients throughout New Hampshire, including Manchester, Portsmouth, and Derry.
