Driverless Car Accidents. Who is at Fault?

Who is at fault if a driverless car crashes?

Federal agencies, like the National Highway Traffic Safety Administration (NHTSA), establish safety standards that must be met before fully autonomous vehicles can operate. An autonomous vehicle developer will be liable if they break these standards and their vehicle causes a car accident.

Most states enacted laws requiring Waymo and other autonomous vehicle operators to carry a minimum amount of automobile insurance, just like other drivers.

Is Waymo responsible for accidents?

Yes, you can sue Waymo if you’re injured in a crash caused by one of its self-driving vehicles. The crash could be due to negligence, defective parts, or software issues that cause the self-driving vehicle to behave dangerously.

Who is at Fault in Self-Driving Car Accidents?

With the increasing presence of self-driving cars on our roads, a crucial question arises: Who is responsible when an autonomous vehicle is involved in an accident? Is liability attributed to the self-driving car itself, another driver, or an external party? Traditionally, fault in car accidents has been determined by human error, where negligence laws hold drivers accountable. However, self-driving technology introduces additional potential sources of liability, including vehicle manufacturers, software developers, and even regulatory agencies.

This article delves into the evolving legal framework surrounding self-driving car accidents and liability and continues our earlier discussion about autonomous vehicles. We will explore key areas such as federal regulations for autonomous vehicles, product liability concerns for manufacturers, the involvement of human drivers in semi-autonomous systems, and how legal institutions are adapting to the unique challenges posed by self-driving technology.

Federal Regulations and Autonomous Vehicles

As self-driving cars become more common, federal agencies are establishing safety guidelines and regulatory frameworks to govern their operation. The National Highway Traffic Safety Administration (NHTSA) is responsible for ensuring that autonomous vehicles meet strict safety standards before they can be deployed on public roads.

However, some legal experts argue that current federal oversight remains insufficient, allowing automakers and technology companies to introduce self-driving systems that may not be fully road-ready. A lack of stringent regulations can lead to safety risks, and when accidents occur due to regulatory lapses, injured parties may have grounds to hold government agencies accountable for failing to enforce appropriate safety measures.

Manufacturer Liability and Product Liability in Autonomous Vehicle Accidents

One of the most pressing concerns in self-driving car liability cases is the possibility of defects in the vehicle’s hardware or software. Autonomous vehicle manufacturers have a duty to ensure their products are safe for public use.

Under product liability laws, if a self-driving car crashes due to a malfunction—whether a sensor failure, a software glitch, or a design defect—the manufacturer could be held strictly liable for resulting injuries and damages. Strict liability means that a manufacturer can be held responsible even if they took reasonable precautions.

For example, if a self-driving car fails to detect an oncoming vehicle and causes a collision due to a malfunctioning sensor, the manufacturer could face a product liability claim from injured victims seeking compensation for medical bills, lost wages, and emotional distress.

Other Potentially Liable Parties in Autonomous Vehicle Accidents

Beyond vehicle manufacturers, several other parties could bear responsibility in self-driving car accidents:

• Software Developers – If a flaw in an autonomous vehicle’s artificial intelligence system leads to an accident, software companies involved in developing these technologies could face liability claims.
• Component Manufacturers – Companies that supply crucial parts like sensors or braking systems could be liable if their components fail and contribute to an accident.
• Repair Shops and Technicians – Improper maintenance or faulty repairs on self-driving vehicles could compromise their safety, making mechanics and repair shops potential defendants in liability claims.
• Government Agencies – If inaccurate or outdated mapping data leads to an accident involving a self-driving vehicle, injured parties may be able to seek damages from the public entities responsible for road planning.

The Role of Human Drivers in Semi-Autonomous Vehicles

While self-driving cars are advancing, many of today’s so-called autonomous vehicles still require human supervision in certain driving conditions. When an accident occurs, determining whether liability falls on the human driver or the self-driving system depends on who was in control at the time of the crash.

If an autonomous system was engaged at the time of an accident, liability could fall on the vehicle’s manufacturer. However, if the human driver failed to take control when required, the human driver could be found negligent. In some cases, fault may be shared between the driver and the autonomous system.

The Insurance Implications of Self-Driving Car Accidents

As self-driving technology reshapes liability, auto insurance companies will need to adapt their policies. Traditionally, personal auto insurance covers driver negligence, but if self-driving software is responsible for an accident, the driver’s policy may not apply. Instead, liability may shift to the vehicle’s manufacturer or software developer.

Some industry experts predict a transition toward manufacturer-backed liability insurance, where automakers provide coverage for accidents caused by their self-driving technology. However, this shift raises concerns about potential legal battles over coverage limits and policy structures.

Potential Injuries from Self-Driving Car Accidents

While self-driving cars are often marketed as safer than traditional vehicles, accidents can still occur due to system failures, sensor malfunctions, or unpredictable external factors. These crashes can lead to severe and sometimes life-altering injuries. Below are some of the most common injuries associated with self-driving car accidents, listed in alphabetical order:

• Bone Fractures: The impact of a collision can cause fractures in the arms, legs, ribs, or pelvis. Severe cases, such as compound fractures where the bone breaks through the skin, require immediate medical attention and possibly surgical intervention.
• Concussions & Traumatic Brain Injuries (TBI): The violent forces of a crash can cause the brain to collide with the skull, leading to concussions or more serious traumatic brain injuries. Symptoms may include headaches, dizziness, memory problems, and long-term cognitive impairment.
• Internal Bleeding & Organ Damage: The blunt force trauma of an accident can result in internal injuries, such as ruptured organs or internal bleeding, which may require emergency surgery to prevent life-threatening complications.
• Lacerations: Broken glass, loose debris, and sharp metal edges in the aftermath of a crash can cause deep cuts and lacerations. In severe cases, these wounds can lead to permanent scarring or nerve damage.
• Psychological Trauma: Beyond physical injuries, accident victims may experience post-traumatic stress disorder (PTSD), anxiety, and depression. The psychological impact of a crash can last long after physical injuries have healed.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, affecting mobility and sensation. The severity of the injury depends on the location and extent of the damage.
• Whiplash: A sudden, forceful movement of the neck—often seen in rear-end collisions—can strain muscles and ligaments, causing pain, stiffness, and limited mobility.

Regardless of whether an accident is due to a self-driving system failure, a third-party driver’s negligence, or environmental hazards, these injuries can have long-term consequences. Victims should seek medical care immediately and consider legal representation to ensure they receive the compensation needed for recovery.

Google’s Self-Driving Car and the Autonomous Vehicle Industry

Google has been a trailblazer in the self-driving car industry, launching its autonomous vehicle project in 2009, which now operates under its Waymo subsidiary. Waymo’s self-driving cars have accumulated millions of miles on public roads, utilizing advanced driver assistance systems capable of full automation without human intervention.

As self-driving technology progresses, both tech companies like Google and traditional automakers are introducing more autonomous vehicles. However, with this advancement comes complex legal questions about liability and accountability. If a self-driving car is in control, can its occupant still be held responsible in an accident? Furthermore, if another driver causes a crash involving an autonomous vehicle, how does liability shift?

Liability in Fully Autonomous Vehicles

For fully autonomous vehicles—those without a human driver’s seat or manual controls—liability in an accident will likely fall on the manufacturer rather than any individual occupant. Under strict product liability laws, companies producing self-driving technology could be held accountable for crashes resulting from defects or system failures, similar to other defective product claims.

However, assigning liability is not always straightforward. If an autonomous vehicle fails to take evasive action due to limitations in its artificial intelligence, courts may need to evaluate whether the system operated reasonably under the given circumstances.

In contrast, semi-autonomous vehicles equipped with features like adaptive cruise control or automatic braking may introduce shared liability. If a crash occurs, it may be necessary to determine whether the driver or the automated system was in control at the time, requiring detailed forensic analysis to assess potential negligence.

Legal Complexities and Emerging Regulations

A study by the RAND Corporation highlighted various legal challenges surrounding autonomous vehicles, particularly regarding liability when software makes decisions traditionally guided by human judgment. While strict liability laws may increase manufacturer accountability, they could also simplify the process of proving negligence in some cases.

As autonomous vehicle technology evolves, the legal landscape is expected to shift significantly. Courts will likely establish new liability precedents, and regulatory agencies must develop updated laws to address potential risks, ensure public safety, and define negligence standards for self-driving cars.

When accidents involving driverless vehicles do occur, victims and their legal teams must navigate this complex legal field to determine who is at fault. Liability could stem from software malfunctions, manufacturing defects, or the negligence of another driver. Understanding the technical and legal aspects of self-driving car accidents will be essential for securing fair compensation for damages, injuries, and losses.

Broader Societal Effects of Self-Driving Liability

The issue of liability in autonomous vehicle accidents extends beyond individual legal cases, influencing several key societal areas:

Economic and Industry Implications

Liability concerns will significantly impact the financial landscape of the self-driving car industry. Manufacturers may face higher costs due to liability insurance and legal claims, potentially affecting profitability and innovation in autonomous technology. Meanwhile, traditional insurance companies and personal injury law firms may experience disruptions as the transportation industry shifts toward automation.

Legal Precedents and Policy Development

Legal rulings in self-driving car liability cases will shape the future regulatory framework for autonomous vehicle technology. Courts will set liability standards, while lawmakers and government agencies will craft regulations to mitigate risks and enhance public safety.

Public Trust and Consumer Adoption

For self-driving technology to gain widespread acceptance, the public must feel assured that clear liability rules and safety regulations exist. If liability in accidents remains uncertain, consumer confidence in autonomous vehicles could erode.

Insurance costs for self-driving cars may also be affected. If liability standards are unclear, insurance premiums could increase, slowing adoption rates. Well-defined liability insurance policies will encourage manufacturers to prioritize safety and thoroughly test their systems, reducing risks and preventing injuries.

Get Expert Legal Representation After a Self-Driving Car Accident

As autonomous vehicles become more prevalent, questions surrounding liability in self-driving car accidents will continue to evolve. At Gage Mathers Law Group in Arizona, we stay at the forefront of these legal developments to protect our client’s rights.

If you or a loved one has been injured in a self-driving car accident caused by negligence, don’t navigate the legal process alone. Contact Gage Mathers today at (602) 258-0646 for a free consultation to discuss your case and explore your legal options as the other driver. Our dedicated attorneys will work tirelessly to protect your rights and help you obtain the compensation you deserve for your car accident injuries.

Why Choose Gage Mathers for Self-Driving Car Accident Claims

If you or a loved one has been injured in an accident involving a self-driving vehicle, experienced legal representation is essential to securing fair compensation. A Gage Mathers Phoenix Car Accident Lawyer is uniquely equipped to handle these complex cases involving cutting-edge automotive technology.

With over 25 years of experience in automobile accident and personal injury litigation, including cases involving autonomous vehicles, Gage Mathers has built a reputation as one of Arizona’s top plaintiff’s personal injury law firms. The firm’s legal team has recovered millions of dollars in verdicts and settlements for clients suffering catastrophic injuries.

What distinguishes Gage Mathers in self-driving vehicle cases is our proactive approach and deep knowledge of this rapidly evolving field. Recognizing the legal challenges that autonomous vehicles present, we have dedicated significant resources to understanding regulatory developments and liability implications.

Our firm works with accident reconstruction specialists, former crash investigators, and engineers who analyze data logs, vehicle telemetry, and other technical evidence. We also collaborate with experts in artificial intelligence, machine learning, and automotive technology to develop innovative legal strategies.

Proving liability in self-driving vehicle accidents is highly technical and often requires an extensive forensic investigation to uncover software errors, hardware failures, manufacturer negligence, or regulatory shortcomings. The extensive technical expertise available at Gage Mathers gives our clients a substantial advantage.

Beyond technical proficiency, our attorneys are seasoned litigators with extensive courtroom experience in motor vehicle accident cases. Our track record of successfully handling high-stakes personal injury claims positions us strongly when litigation is necessary to maximize client compensation.

If you or a loved one suffered serious injury due to a self-driving vehicle malfunction, it is critical to have expert legal guidance from the outset. Do not face major automakers and their corporate legal teams alone—ensure the responsible parties are held accountable. The legal team at Gage Mathers has the resources, knowledge, and determination to protect your rights. Contact us today for a free consultation.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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