Who Is to Blame for a Self-Driving Car Crash?

Understanding liability in car accidents involving autonomous vehicles

By Benjy Schirm, J.D. | Reviewed by Canaan Suitt, J.D. | Last updated on April 29, 2024 Featuring practical insights from contributing attorney David Bulluck

Use these links to jump to different sections:

Imagine, one morning on the way to work, you stop in a line of cars at a red light. Suddenly a car from behind slams into you. When you gather yourself and confront the other driver, you’re surprised to see the driver seat empty and, instead, see passengers in the back of a self-driving vehicle.

Who pays for the damage and injuries when a self-driving car causes a car accident?

What Is a Self-Driving Car?

According to the Society of Automotive Engineers (SAE), a fully self-driving car is a vehicle that can operate in all conditions with no human involvement. Other cars have self-driving technology but can only operate in certain conditions (such as specific routes) or require a human driver to be ready to take over if the autonomous driving feature stops working.

As noted by the National Highway Traffic Safety Administration (NHTSA), fully automated vehicles are not currently available for consumer purchase. However, the Google-owned company Waymo currently operates commercial robotaxi services in Phoenix, Arizona, and San Franciso, California, with plans to expand to other U.S. cities. These robotaxis are self-driving cars that can operate on established routes. Rideshare companies such as Uber have also explored autonomous vehicle delivery.

Are Self-Driving Cars Safer Than Human-Operated Cars?

Many car accidents today are caused by human errors such as distracted driving, drunk driving, and high speeds. In theory, self-driving cars could be safer by eliminating these human errors. On the other hand, failures in automated driving technologies could cause significant safety problems.

In June 2021, the NHTSA started requiring self-driving car manufacturers and operators to report crashes involving vehicles with automated driving technology. One hundred thirty self-driving car crashes were reported in the first 11 months. That’s compared to tens of thousands of car accidents involving human drivers annually. However, there aren’t that many autonomous vehicles on the roads nowadays. Ultimately, “It’s too early to tell if these cars will make it safer out there,” says David Bulluck, a personal injury attorney in Temple Terrace, Florida, who handled a self-driving car accident case involving an automated Tesla. “Either way, [the question of liability] will be more and more of an issue the more they get out on the roads.”

It’s too early to tell if these cars will make it safer out there. Either way, [the question of liability] will be more and more of an issue the more they get out on the roads.

David Bulluck

Liability for Self-Driving Car Crashes

As driverless vehicles become more of a reality for U.S. consumers and the legal system, theories of liability will continue to develop and be applied. For example, under product liability theories, car manufacturers, automated driving technology developers, and maintenance providers could all be responsible for accidents caused by autonomous cars. Court battles in such cases will likely center around two key questions:

  1. Would a reasonable design change have prevented the crash?
  2. Would a human driver or another automated system have performed better in the situation in question?

If the vehicle isn’t fully automated and requires human involvement, the vehicle’s operator or owner could still be liable in self-driving car accidents. Likewise, other drivers could be partly liable if their negligence contributed to the accident.

Currently, none of the driverless cars on the roads are fully driverless. They may be in autonomous mode but have a driver behind the wheel to make any necessary corrections (driver assistance). Current investigations have not changed from a car with a human fully driving the car. Police will investigate if any laws were broken and issue citations as appropriate. In some cases, the autonomous car’s cameras may be available to clarify what happened and make investigations easier.

“Cases with these cars are going to get more expensive,” says Bulluck, who handled a crash case involving an automated Tesla. He points to the incredible amount of information that these automated cars can capture, even while not in self-driving mode. “Tesla cars have cameras that activate and take pictures at the time of the impact. They record and log that data and also hold the key to interpreting that data.” Bulluck has hired engineers to talk with Tesla’s team to collect that data. As for if it’s a helpful tool, Bullock says, “It depends on what side you are on.”

If ever you find yourself in an automated car crash (or any car accident), contact a qualified personal injury attorney. They will help you get compensated by the driver or carmaker for any injuries you sustain. Many personal injury lawyers provide free consultations so you can get legal advice without upfront legal fees.

For more information on this area of law, see our overviews of motor vehicle accidents.

Was this helpful?

What do I do next?

Enter your location below to get connected with a qualified attorney today.
0 suggestions available Use up and down arrow keys to navigate. Touch device users, explore by touch or with swipe gestures.

At Super Lawyers, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our legal resources pages are created by experienced attorney writers and writers that specialize in legal content in consultation with the top attorneys that make our Super Lawyers lists. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.

0 suggestions available Use up and down arrow keys to navigate. Touch device users, explore by touch or with swipe gestures.

Find top lawyers with confidence

The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.

Find a lawyer near you