Self-driving cars once seemed like science fiction. Well, not anymore. Today, they are on our roads, and manufacturers promise safer travel and fewer accidents. But what happens when things go wrong?
While autonomous vehicles rely on cutting-edge technology, nothing is ever flawless. Crashes can still happen, and some may lead to devastating consequences. When a self-driving vehicle accident occurs, figuring out who’s responsible raises many legal questions. Is it the car manufacturer? The software company? The human driver? All of the above, or none?
This guide will discuss liability in car crashes involving self-driving vehicles. However, since autonomous vehicles are relatively new to our lives, you should always schedule a consultation with a Bakersfield car accident lawyer to discuss your case’s facts.
What Are Self-Driving Vehicles?
Imagine sitting in a car, sipping your coffee, while the vehicle drives itself. No steering, no braking—just a smooth, hands-free ride.
That’s the promise of self-driving cars, and it’s amazing to realize that these cars are a reality now. But how do they actually work? And do they work well?
Self-driving vehicles, also known as autonomous cars, use a combination of sensors, cameras, artificial intelligence (AI), and advanced software to navigate roads. They scan their surroundings, detect obstacles, and make split-second driving decisions.
The goal? To reduce human error and make driving safer.
But here’s the catch—most self-driving cars aren’t fully autonomous yet. Many still require human supervision, and some can even make dangerous mistakes. While they are impressive, they are not foolproof. And when accidents happen, it can introduce yet another layer of liability.
The Classification of Self-Driving Cars Based on Autonomous Driving Levels
Not all self-driving cars are the same. Some barely help at all, while others can drive without human input.
To keep things clear, experts use a six-level system to classify how much control a car has over driving, according to the National Highway Traffic Safety Administration (NHTSA).
Level 0: No Automation (You Are in Charge)
This is your everyday car. No fancy self-driving tech—just you, your hands on the wheel, and your foot on the pedals. If anything goes wrong, it’s all on you.
Level 1: Driver Assistance (A Helping Hand)
Think of this as cruise control with a little extra brainpower. The car might adjust speed or keep you centered in your lane, but you still need to steer and stay alert.
Level 2: Partial Automation (Some Help, But You Are Still Responsible)
Now things get interesting. Cars at this level—like Tesla’s Autopilot—can steer, accelerate, and brake in certain conditions. But you must keep your hands on the wheel and take over immediately when it fails.
Level 3: Conditional Automation (It Drives… Until It Can’t)
Here’s where the car starts making its own decisions. At this level, the vehicle can usually handle driving tasks. But if it gets confused—say, in bad weather or construction zones—it expects you to take over fast.
Level 4: High Automation (No Hands, No Feet—But Not Everywhere)
At Level 4, the car can drive itself without human input, but only in specific areas. These vehicles are being tested in cities with mapped-out routes. If they leave their comfort zone, they might need a human backup.
Level 5: Full Automation (The Car Does Everything, Everywhere)
This is the dream—no steering wheel, pedals, or driver needed. You can nap, read a book, or watch a movie while the car takes you wherever you need to go. But we are not quite there yet. Fully autonomous vehicles are still in development.
According to the World Economic Forum, more than 60 percent of registered passenger cars worldwide should be at level 1 this year. Right now, most “self-driving” cars on the road are at Level 2 or 3. True driverless cars (Level 4 and 5) aren’t widely available.
Possible Causes of Accidents Involving Self-Driving Vehicles
Self-driving cars might make roads safer. They don’t text while driving, they don’t get tired, they don’t speed out of frustration, and they eliminate the risk of drunk driving.
So why do they still crash?
While autonomous technology is impressive, it’s not perfect.
Here are some of the biggest reasons self-driving vehicles are involved in traffic collisions.
- Software failures: Think about it for a second. Self-driving cars rely on complex software to make decisions. But what happens if that software makes the wrong call? A glitch can cause a vehicle to misread a stop sign, misjudge a pedestrian’s movement, or fail to react to a sudden obstacle. When software fails, real human lives are at risk.
- Sensor malfunctions: Autonomous vehicles use cameras, radar, and LiDAR (a laser-based detection system) to “see” their surroundings. If any of these sensors fail or misinterpret data, the car might not recognize a red light or detect a car in its blind spot. That’s a recipe for disaster.
- Human error: Even though some cars can drive themselves, many still require humans to take over when needed. Accidents happen if the driver doesn’t pay attention—or worse, assumes the car can handle everything without their input. A distracted or slow-reacting driver in a semi-autonomous vehicle is just as dangerous as a reckless human driver.
- Unexpected road conditions: Manufacturers program autonomous vehicles to follow road rules, but real-life roads are anything but predictable. Construction zones, potholes, fallen tree branches, and jaywalking pedestrians can throw off a self-driving car. If the vehicle isn’t programmed to handle certain conditions, it may freeze or make a wrong move.
- Reckless human drivers: Even if a self-driving car operates perfectly, that doesn’t mean other drivers do. If a human driver runs a red light, tailgates, or swerves unpredictably, an autonomous vehicle might not react fast enough to avoid a crash.
- Cybersecurity threats: Yes, we are talking about hacking a moving vehicle. According to the Association for Advancing Automation, self-driving systems are hackable. It sounds like something you might see in a blockbuster movie, but a cyberattack can disable brakes, mess with navigation, or even take complete control of the vehicle. While rare, it’s a growing concern.
Self-driving technology is impressive, but it’s not foolproof. When an autonomous vehicle is involved in a crash, the question is: “Who’s responsible?” That’s where things get truly complicated.
Insurance and Accidents Involving Self-Driving Vehicles
Car insurance is already confusing on its own. That’s one reason people opt out of insurance (and, according to the Insurance Information Institute, about one in seven drivers in the U.S. are uninsured).
Throw self-driving technology into the mix, and it gets even trickier. Who pays for damages when an autonomous vehicle causes a crash? Is it the owner? The manufacturer? The software company?
The answer isn’t always clear.
Most self-driving cars still fall under traditional car insurance policies. That means if you own one and it crashes, your insurance company will likely cover damages like a regular car accident. But what if a software failure, sensor malfunction, or a mistake in the vehicle’s programming causes the crash?
That’s where things get complicated.
Insurance companies rely on fault to determine who pays. But self-driving car accidents don’t work like normal crashes.
Instead of just looking at driver behavior, lawyers may have to analyze:
- Vehicle data – Was the car in self-driving mode?
- Software performance – Did the system fail to respond correctly?
- Manufacturer defects – Was there a problem with the car’s hardware?
If a self-driving feature caused the crash, the insurance company might deny coverage and blame the manufacturer or software company. This can lead to lawsuits between multiple parties, with victims stuck in the middle.
So, let’s imagine that you are in another vehicle, riding a bike, or even walking as a pedestrian, and a self-driving car hits you. In this scenario, you still have rights.
You can file an insurance claim against the car owner, the manufacturer, or even the software company, depending on what caused the crash.
Not sure who’s responsible? A skilled car accident attorney can analyze the facts of your case.
Who Can You Sue After a Self-Driving Car Accident?
Self-driving cars don’t make accidents disappear, at least for now.
If you have been in a self-driving car crash, one big question is probably running through your mind: “Can I sue?”
The short answer is, “Yes, you can.”
But self-driving car accidents aren’t like regular car crashes, and that’s where you are facing your first challenge: determining liability.
- The human driver: Even though self-driving cars can operate on their own, most still require a human to step in when needed. If drivers were distracted, drunk, or misused the car’s autonomous features, you can hold them liable—just like in a traditional crash. For example, let’s say a Tesla in Autopilot mode rear-ends you. If the driver wasn’t paying attention or reacted too late, you can hold them responsible for the accident. And self-driving mode does not mean the driver is off the hook.
- The auto manufacturer: If a self-driving car has a defect that causes a crash, the company that built it can be responsible. Car manufacturers must make safe vehicles, and when they fail, they can be held liable under product liability laws. For example, a faulty braking system doesn’t stop the car in time, or a defective sensor that misinterprets road signs or obstacles.
- The software company: Self-driving cars rely on software to think and make driving decisions. If the software malfunctions, misinterprets road conditions, or fails to respond correctly, the company that designed the software can be held accountable. For example, if a self-driving system misreads a pedestrian as a shadow and doesn’t stop in time, the tech company behind the system can be legally responsible for the crash.
- A third party: Not every car accident involving a self-driving vehicle is caused by an autonomous car. Sometimes, outside factors lead to crashes. In these cases, other parties can be held responsible. For example, a reckless driver cuts off a self-driving car, leaving the vehicle no time to respond and maneuver to avoid a crash.
Determining liability in self-driving car accidents is anything but straightforward, especially now when they are rather rare on our roads. Liability can fall on one person—or multiple parties simultaneously. That’s why you may need to work with a car accident lawyer to help uncover the truth and ensure you get the compensation you deserve.
Evidence That Can Strengthen Your Case Against the Liable Party
Winning a self-driving car accident case isn’t just about saying, “It wasn’t my fault.”
You need proof. And when autonomous vehicles are involved, that proof often comes from high-tech data and good old-fashioned witness accounts. The stronger your evidence, the better your chances of holding the right party accountable.
Data from the Self-Driving Vehicle
Self-driving cars aren’t just vehicles. Rather, they are computers on wheels. And like any computer, they store detailed driving data.
This data can show:
- The car’s speed and braking before the crash.
- Whether the self-driving mode was on or off.
- How the vehicle reacted (or failed to react) to obstacles.
This information can help determine if the car’s system malfunctioned or the human driver misused the technology.
Event Data Recorder (EDR)
EDR is essentially the black box of the autonomous vehicle.
These devices store critical information about what happened seconds before and after a crash, including:
- Sudden braking or acceleration
- Steering adjustments
- Airbag deployment
EDR data can help prove mechanical failure or human error, making it a key piece of evidence.
Photos from the Scene
Never underestimate the power of good accident photos.
If you can, take clear pictures of:
- The damage to all vehicles
- Skid marks or road debris
- Traffic signals and weather conditions
These images can help accident reconstruction experts understand exactly how the crash happened.
Surveillance Footage
Cameras are everywhere—on buildings, traffic lights, and even doorbells. If a nearby camera captures an accident, the footage can provide undeniable proof of what went wrong.
Your car accident attorney can request video evidence from:
- Traffic cameras
- Business security cameras
- Dashcams from other vehicles
Remember: If footage exists, it can be one of your case’s most powerful pieces of evidence.
Witness Testimony
People who saw the crash happen can help confirm your version of events. A witness might describe erratic driving behavior before the accident, confirm whether a human driver was paying attention, or identify external factors (e.g., another reckless driver or road hazards).
Having a credible witness back up your claim can make a huge difference in court.
Every case is unique, and sometimes unexpected details can help prove fault.
Other helpful evidence might include:
- Police reports (official documentation of the crash and any citations issued)
- Medical records (proof of injuries caused by the accident)
- Expert analysis (testimony from engineers or accident reconstruction specialists)
A Car Accident Attorney is Standing By
Self-driving car accidents leave behind a trail of digital and physical evidence. But many individuals and companies won’t hand over critical data without a fight.
If you or someone you love has suffered an injury in an autonomous vehicle crash, you need a Bakersfield personal injury lawyer who can secure, analyze, and use this evidence to prove your case.