Self-driving cars are no longer science fiction in California, they’re part of everyday life. From Tesla vehicles running on Autopilot to Waymo and Cruise robotaxis navigating busy city streets, autonomous vehicles (AVs) are being tested and operated across the state.
California’s Department of Motor Vehicles (DMV) has issued permits to dozens of companies to run AVs on public roads, and each year the technology becomes more sophisticated. However, with this innovation comes a unique set of challenges especially when accidents happen. If you are struck by a self-driving vehicle in California, understanding how liability works and what steps to take is essential.
How Liability is Determined in a Self-Driving Car Accident
Determining fault in a self-driving car accident is far more complex than in a traditional car crash. Unlike a regular car accident, where liability often rests with the human driver, an AV collision might involve several responsible parties. If the vehicle was operating in semi-autonomous mode and a human driver was supposed to take control during an emergency but failed to do so, that operator may be held accountable.
Similarly, if the owner of the vehicle neglected to maintain the car properly such as failing to install critical software updates, or used the AV in an unsafe way, they could share responsibility for the accident. However, manufacturers can also be liable under California’s product liability laws if the crash results from a defect in the car’s design or manufacturing. This can include faulty sensors, braking systems, or other hardware components.
In addition, the developers who created the autonomous driving software could be held responsible if the system made an error such as failing to detect a pedestrian or misinterpreting traffic signals.
Are There Any Laws About Self Driving Cars?
Due to the recent emergence of self-driving cars, there are a number of recent legal developments that are constantly shifting the balance of responsibility.
For example, California’s Assembly Bill 1777, enacted in September 2024, allows law enforcement to issue traffic citations directly to the manufacturer of an autonomous vehicle when the vehicle commits violations like running a red light while in autonomous mode. This marks a significant step toward holding companies accountable for the conduct of their AVs.
Real-World Cases and Precedents
Several high-profile incidents highlight how complicated AV liability can be. In 2019, a Tesla Model 3 operating on Autopilot was involved in a fatal crash in Florida. A jury found Tesla 33% liable, awarding $243 million in punitive damages and $43 million in compensatory damages, with the human driver bearing the majority of the blame. In another case from 2018, Tesla reached a confidential settlement with the family of an Apple engineer killed in a crash near San Francisco while using Autopilot.
Cruise, a self-driving taxi company operating in San Francisco, faced intense scrutiny in 2024 when one of its robotaxis struck and dragged a pedestrian. The company was fined $1.5 million for failing to fully disclose details of the incident to regulators, and its DMV operating permit was suspended. These cases demonstrate that liability can be split between manufacturers, software developers, operators, and other parties, depending on the circumstances.
What to Do If You’re Hit by a Self-Driving Car
If you are struck by a self-driving car in California, your immediate priority should be your safety. Call emergency services and seek medical attention even if your injuries seem minor, as symptoms may worsen later. Once you are safe, gather as much evidence as possible such as taking photographs and videos of the scene, your injuries, the vehicles involved, and any nearby traffic cameras. If the accident happened in a populated area, speak to witnesses and obtain their contact information and make sure a police report is filed, as this will be a critical piece of evidence for any legal claim.
You should also notify your insurance company and, if possible, the autonomous vehicle’s operator or manufacturer. California law requires that certain AV accidents be reported to the DMV within 10 days, particularly those involving injury, death, or significant property damage. Because AV accident claims often involve advanced technology, including vehicle telemetry data and system logs, it’s vital to work with an attorney who has experience handling autonomous vehicle cases.
Should I Get a Lawyer for This Accident?
It is highly recommended to hire an attorney for all self-driving car accidents. A skilled personal injury lawyer can help identify all potential sources of liability. This might involve examining the AV’s operational data, consulting with accident reconstruction experts, reviewing software code, and investigating maintenance and update records. If multiple parties are at fault, California’s joint and several liability rule means you may be able to recover the full amount of your economic damages from any one of them, even if others also share responsibility.
Does Insurance Cover Self-Driving Cars?
Insurance coverage for self-driving cars in California is complex because it depends on the vehicle’s operational mode at the time of the accident. If an AV is being driven manually, standard auto insurance policies generally apply as they would for a human-driven car. When the vehicle is operating autonomously, however, coverage may involve additional policies carried by the manufacturer or fleet operator.
Some AV companies carry large commercial liability policies to cover accidents during autonomous operation. For example, Waymo and Cruise maintain substantial insurance to protect passengers, pedestrians, and other road users. However, disputes can arise over whether the vehicle’s autonomous system or an external factor caused the crash. These disputes may involve extensive analysis of vehicle logs, camera footage, and sensor data.
Pursuing Compensation
Victims of AV accidents may be entitled to various types of compensation, including payment for medical expenses, lost wages, property damage, and pain and suffering. In fatal cases, surviving family members may also pursue a wrongful death claim.
The process can be more complex than with a traditional car accident, as it may involve product liability claims against large corporations, negotiations with multiple insurance carriers, and even federal safety investigations. If you are unsure how to pursue compensation or even figuring out how much the value of your claim is, a skilled personal injury attorney can help you get a better understanding of your situation.
Frank Penney Injury Lawyers is Here to Help
Being hit by a self-driving car in California can leave you facing serious injuries and a complicated legal battle. If you have been injured in a self-driving car accident, it is important to take action as soon as possible. At Frank Penney Injury Lawyers, our team of attorneys are well-versed in personal injury law and understand the nuances of this emerging trend of accidents. With over 25 years fighting for our client’s rights, we are confident that we can get you the compensation and justice you deserve!
Call us today at 888-888-0566 or by filling out our online contact form for a free case consultation.