As autonomous and semi-autonomous vehicles become more common on our roads, one question continues to challenge courts, insurance companies, and injury attorneys alike: Who is liable when a self-driving car causes a crash?
The rise of vehicles equipped with Autopilot, Full Self-Driving (FSD), and other advanced driver-assistance systems (ADAS) is reshaping how we think about fault in motor vehicle accidents. Here’s what you need to know if you’re involved in an accident with a self-driving car — whether as a driver, passenger, or pedestrian.
The Challenge of Determining Liability
Unlike traditional accidents where human error is typically the main cause, self-driving vehicle crashes introduce multiple potential liable parties, including:
- The vehicle owner or operator
- The car manufacturer (e.g., Tesla, GM, Toyota)
- The software developer (e.g., Waymo, Cruise, Mobileye)
- The hardware/sensor manufacturer
- Third-party maintenance providers
Unraveling fault requires detailed data analysis, including vehicle logs, sensor inputs, and whether the autonomous system or human driver was in control at the time of the crash.
Human Driver Liability
In many cases, autonomous systems still require a human “backup driver.” If the driver fails to take over in time — even when warned by the system — they may be held partially or fully liable for the crash.
For example, a Tesla on Autopilot may alert the driver to take control, and if they’re distracted or asleep, their negligence may have caused the car crash.
Manufacturer and Software Liability
If the crash was caused by:
- A sensor malfunction
- A misreading of road conditions
- A software decision error (e.g., failure to yield or stop)
…the vehicle or tech manufacturer may share — or bear — full responsibility. These cases may evolve into product liability lawsuits, especially if the system failed in a predictable or preventable way.
Insurance Complications
Traditional auto insurance policies are built around driver fault, not autonomous algorithms. As a result:
- Claims may be denied or delayed as insurers determine who was in control
- Policy exclusions for “driverless operation” may apply
- Disputes between insurance companies, tech companies, and injured parties are common
This makes it critical to involve a legal team familiar with both personal injury and emerging autonomous vehicle law.
What Victims Need to Prove
Whether you were a pedestrian, driver, or passenger, recovering compensation usually requires proving:
- The autonomous system or driver acted negligently
- That negligence caused the accident
- You suffered damages as a result
In cases involving autonomous vehicle technology, this may require:
- Downloading and analyzing crash data
- Consulting experts in engineering or software systems
- Reconstructing the accident using digital models or surveillance footage
Why You Need a Lawyer Who Understands Self-Driving Tech
These cases aren’t routine fender-benders. They’re legally and technically complex. If you’ve been injured in a self-driving car accident, working with a personal injury attorney who understands the nuances of autonomous vehicle liability is crucial.
At Glouzgal Law, we are prepared to stand up to automakers, tech companies, and insurers to get you the compensation you deserve.
Contact Us for a Free Case Review
Were you injured in a crash involving a self-driving or semi-autonomous vehicle? Don’t navigate this legal minefield alone.
Call us at 203-885-0500 or schedule your free case evaluation below.