Self-driving cars were once just a futuristic idea, but now they're part of our reality. Companies like Tesla, Waymo, and Cruise have vehicles navigating city streets—some with minimal or even no human input.
With new technology, though, come new problems. Accidents involving autonomous vehicles (AVs) are raising big questions about who should be held responsible. Is it the company that built the car? Or maybe the developers who wrote the software?
Liability in these cases isn’t always straightforward. Let’s break down how the law views these accidents, what hurdles injury victims might face, and why having an experienced attorney matters more than ever.
How Autonomous Vehicles Are Classified
Before diving into who’s liable, it helps to know that not all AVs are the same. The Society of Automotive Engineers (SAE) lays out six levels of automation:
- Level 0: No automation (the driver does everything)
- Level 5: Full automation (no human input needed)
Most self-driving cars today aren’t fully autonomous. They usually fall somewhere between Level 2 and Level 3, meaning drivers still need to stay alert and ready to intervene.
That matters, because if a car still requires human oversight, the person behind the wheel may still be partly responsible if something goes wrong.
Who Could Be Liable After an Autonomous Vehicle Crash?
When an autonomous vehicle is involved in an accident, several parties could share blame:
1. The Human Driver
Even with autopilot systems, drivers often have a legal duty to pay attention. If the vehicle needed human help and the driver didn’t step in—maybe because they were distracted or asleep—they could still be liable under traditional negligence rules.
2. The Vehicle Manufacturer
If a design flaw, mechanical issue, or glitch in the car’s automated system caused the crash, the manufacturer could be held responsible. Product liability laws come into play when defective products cause harm.
3. The Software Company
Self-driving cars rely on complex software to make decisions. If that software malfunctions—like misidentifying a stop sign or a pedestrian—the company that built the program could face legal claims too.
4. Maintenance Providers
Even the smartest car needs upkeep. If a repair shop or maintenance team failed to properly service the vehicle, and that failure contributed to an accident, they could also be liable.
5. Other Drivers
Sometimes the autonomous car isn’t the one at fault. If a human-driven car was speeding, texting, or otherwise negligent, the old-fashioned rules of fault still apply.
Challenges in Proving Liability
Sorting Through the Evidence
Proving fault with an AV is tricky. Investigators might need to review:
- Black box data
- Camera footage
- Software logs
- Maintenance history
This evidence isn’t always easy to access, and it often requires technical experts to interpret.
Multiple Defendants
It’s common for multiple parties to share responsibility in an AV crash. That means multiple insurance companies—and a lot of finger-pointing.
Evolving Laws
State and federal laws about autonomous vehicles are still being written. Some states have rules about AV testing and operation, but there's no consistent nationwide standard yet. That uncertainty can complicate lawsuits.
What Kind of Compensation Can You Recover?
Just like in other personal injury cases, if you’re hurt in an AV accident, you may be able to recover money for:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- Property damage
Your lawyer will look at the specifics of your case to figure out what damages apply.
Call Brandon J. Broderick For Legal Help
Accidents with autonomous vehicles aren’t like regular car crashes. They bring a whole new layer of complexity—and you shouldn’t have to figure it out alone.
At Brandon J. Broderick, Attorney at Law, we stay up to date on the latest technology and laws affecting self-driving cars. Our team knows how to dig deep into the evidence, find out who’s really at fault, and fight for the compensation you deserve.
If you or someone you love has been hurt in a crash involving a self-driving vehicle, contact us today for a free consultation.