Who Is Liable If Someone Hacks Your Car?
Cars are increasingly being designed to connect to the Internet. This is turning cars into computers and is making it more likely that accidents will be caused by an outside hacker. Hackers have the ability to remotely access cars that have a connection to the Internet and can then use this connection to trigger the brakes or change the speed of the vehicle. If done properly, these actions could lead to an accident. If you purchase a car that can be hacked, you will need to know who will be liable for an accident resulting from your car being hacked.
The Hackers Would Be Liable
If the hackers who are responsible for the accident are identified, they are the ones who would be held responsible for the accident. Suing hackers could be difficult because there are many ways in which they can conceal their identities. Also, hackers might come from another side of the world. Therefore, it may be necessary to hire an attorney who has experience with computer forensics investigations. Hacking a car already carries with it criminal penalties. Those found guilty of hacking a car may pay a very large fine in the future.
The Car Manufacturer Might Be Liable
The car manufacturer might also be held responsible for the hack if they designed a car that did not have the security measures that were necessary to keep the car safe. Since this case has not happened yet, it is uncertain of whether a jury would accept this argument.
Manufacturers are required to put minimum security measures in place to make sure that the car is more difficult to be hacked. Manufacturers must issue recalls if there is a particular way in which an operating system is vulnerable. Also, manufacturers will be required to place stickers that display the level of security the operating system has. A failure to perform any of these tasks may lead to the car manufacturer being held liable.
You Might Be Liable
If you fail to take reasonable steps to protect your car from being hacked, you could potentially be held liable. For example, if you were responsible for updating software, which you failed to do, you could be held liable for your car being hacked. However, you would need to have not updated your car's software for a very long time. Therefore, you will need the assistance of an attorney like Loughlin Fitzgerald P C to prove that you were not negligent and the accident was the fault of the hacker or manufacturer.
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