Self-driving cars, or autonomous vehicles, and those that are partially autonomous with advanced driver-assistance systems (ADAS), have had a substantial impact on an everyday activity – driving. Consumer vehicles are not yet fully automated and instead have features like Tesla’s autopilot, which requires drivers to be alert and ready to take over when needed. However, there are self-driving cars already operating in several American cities, and rapid expansion is on the horizon; Waymo recently announced their robotaxis are coming to Washington, DC, in 2026, and nearly 1,500 autonomous vehicles with human monitors are currently being tested across the U.S.
The autonomous vehicle industry has already seen exponential growth that shows no signs of stopping. But like many technological advancements, especially those with AI systems and advanced tech, there are clear dangers and risks associated that must be addressed.
Analysis of crash data reported to the National Highway Traffic Safety Administration indicates that the technology used in autonomous vehicles doesn’t always work the way it should. While it varies, accident reports released by the NHTSA and the Department of Motor Vehicles in several states show that, in general, crashes that involve autonomous vehicles happen at around 10 times the rate than accidents with human drivers. When autonomous vehicle features fail to respond properly to what happens on the road and area around them, its occupants, other motorists, cyclists, and pedestrians are at risk of suffering serious injuries, even death.
As manufacturers look to remove human safety monitors from more autonomous vehicles, personal injury attorneys are increasingly encountering a critical question: Who’s liable in car accidents involving self-driving cars?
Proving Liability in Self-Driving Car Accidents
There’s always a level of complexity to product liability cases. When applied to accidents involving semi- or fully autonomous vehicles, which are still somewhat new, there are greater legal nuances and challenges that attorneys face.
Since these vehicles haven’t been around long, the number of lawsuits involving automated systems is minimal compared to standard car accidents and other types of product liability claims. There’s also the fact that many lawsuits against autonomous vehicle manufacturers like Tesla, Waymo, and Cruise have been settled before trial – and the amount of those settlements is confidential. Because of this, self-driving car accident victims and their lawyers don’t know the level of compensation manufacturers are giving plaintiffs or the depth of evidence used to reach a settlement.
But legal professionals widely agree that the main components of a product liability case apply, and that depending on the situation, there are multiple parties that may be liable: the car manufacturer, designer, or parts supplier, as well as the owner/ operator of the vehicle.
To prove liability, lawyers focus on demonstrating there was a specific product issue that caused or contributed to the autonomous car accident. For example, there may have been a manufacturing defect, software failure or malfunction, design defect, inadequate testing, failure to warn of the risks, or misleading marketing of the car’s capabilities.
Another important consideration when building a case of this kind is the recent jury verdict that found Tesla was partially liable for a car accident involving the use of the car’s autopilot feature. The crash caused serious injuries to a pedestrian and fatal injuries to another, and outcome of the lawsuit showed it’s possible to hold manufacturers responsible. The jury deemed Tesla to be 33% liable for the damages, amounting to more than $240 million. The operator of the vehicle at the time of the crash was found liable for the remaining 67%.
The Future of Liability in Autonomous Vehicle Accidents
There’s currently a classification system for semi- and fully autonomous vehicles that ranges from level 0 to level 5. Tesla’s autopilot is considered level 2, whereas Google’s Waymo robotaxi is level 4. This classification has already impacted legal arguments in lawsuits involving injuries from self-driving car accidents.
For example, at least one lawsuit against Tesla alleged that the manufacturer misled consumers about the vehicle’s capabilities. The argument was based on how the manufacturer positioned and advertised the autopilot feature, and that it created a false sense of security and didn’t adequately warn consumers about how to use the feature safely.
It’s likely that specific legislation will be introduced that more directly addresses the nuances of a self-driving vehicle accident. There’s already a “reasonable human driver standard” that lawyers are using alongside product liability law as the basis for claims of this kind. The standard refers to whether a fully or partially autonomous vehicle’s system reacted the same way a reasonable human driver would have. Under this framework, “reasonable” means a driver who isn’t impaired, is paying attention, and is able to react competently under the same conditions.
How product liability lawsuits against autonomous vehicle makers progress and what the future of this litigation looks like isn’t fully known, but one thing is clear: Significant technological advancements like autonomous vehicles may have their benefits, but ensuring the safety of not just everyone on the road but vulnerable people like pedestrians needs to be the priority for all vehicle manufacturers.
Failing to create safe vehicles that meet industry standards has already opened doors to widespread lawsuits. When injured in a car accident involving a self-driving car, it’s crucial to consult an experienced product liability attorney who has a depth of knowledgeable about autonomous vehicle features and knows what’s needed to demonstrate liability.
