Self-driving cars were once considered futuristic technology, but today, autonomous vehicles are already operating on public roads in select cities across the United States. Companies like Waymo, Zoox, and Tesla have introduced vehicles capable of performing many driving tasks with little or no human input. While these innovations promise convenience and improved road safety, they also raise a serious legal question: who is responsible when a self-driving car causes an accident?
If you or a loved one has been injured in a crash involving an autonomous vehicle, understanding how self-driving cars work, what to do after an accident, and who may be liable is essential.
What Is a Self-Driving Car?
A self-driving car, also called an autonomous vehicle (AV), is a vehicle that uses sensors, cameras, software, and artificial intelligence to navigate roads and make driving decisions with reduced human input. While fully autonomous cars are still in development, some vehicles on the road today can perform limited driving tasks such as steering, braking, accelerating, and lane-keeping.
Despite advances in technology, there are currently no widely available fully autonomous consumer vehicles operating in all conditions without human oversight. Many vehicles marketed as having “self-driving” features still require a human driver to remain alert and ready to take control.
The Five Levels of Autonomous Driving Technology
The Society of Automotive Engineers (SAE) classifies autonomous vehicles into five levels:
Level 1: Driver Assistance
The vehicle can assist with one driving task, such as steering, braking, or acceleration. Many modern vehicles use this technology.
Level 2: Partial Automation
The car can perform two or more functions simultaneously, such as adaptive cruise control and lane-centering. However, the driver must remain fully engaged.
Level 3: Conditional Automation
The vehicle can drive itself in certain situations, often on highways, but a human driver must be ready to intervene immediately.
Level 4: High Automation
The car can self-drive in specific environments or conditions without human input.
Level 5: Full Automation
The vehicle can operate autonomously under all road and weather conditions, with no driver required.
Most vehicles currently available to consumers fall under Level 2 automation, while Level 4 and Level 5 vehicles are still being tested or used in limited ride-share and delivery programs.
How Do Self-Driving Cars “See” the Road?
Unlike human drivers, autonomous vehicles rely on advanced sensor systems to detect their surroundings and make decisions.
Radar Systems
Radar (Radio Detection and Ranging) sends radio waves that bounce off objects to detect their speed, distance, and size.
Strengths: Detects objects at long distances and performs well in poor visibility.
Limitations: Produces lower-resolution images and cannot identify objects in detail.
Lidar Technology
Lidar (Light Detection and Ranging) uses laser pulses to create a 3D map of the vehicle’s surroundings.
Strengths: Highly accurate and capable of detecting road contours and obstacles.
Limitations: Can be expensive and affected by environmental conditions.
Cameras and Sensors
Cameras provide high-resolution visual data and help autonomous vehicles read road signs, traffic lights, lane markings, and nearby objects.
Together, these technologies allow self-driving vehicles to monitor road conditions and make driving decisions in real time.
How Do Self-Driving Cars Work?
Autonomous vehicles rely on a combination of mapping, planning, and obstacle detection.
1. Map Building
The vehicle continuously scans its environment using lidar, radar, cameras, GPS, and inertial sensors to build a real-time map of nearby roads, vehicles, pedestrians, and obstacles.
2. Path Planning
Using that map, the vehicle calculates the safest and most efficient route while making decisions such as lane changes, turns, braking, and speed adjustments. Using Lane-keeping assistance and traffic-aware steering.
3. Obstacle Avoidance
Self-driving systems identify moving and stationary hazards, predict behavior, and make split-second decisions to avoid collisions. Using features like automatic emergency braking.
These systems use machine learning and software algorithms, but like any technology, they can fail.
What To Do After a Self-Driving Car Accident?
If you are hit by a self-driving vehicle, whether as a pedestrian, cyclist, passenger, or driver of another car, the immediate steps are similar to those after any car accident.
Check for Injuries and Call 911
Seek emergency medical assistance and tell dispatchers that an autonomous vehicle is involved, as specialized reporting may apply.
Secure the Scene
Turn on hazard lights and move to safety if possible. Do not attempt to manually operate or move the autonomous vehicle yourself.
Document Everything
Take photos and videos of:
- Vehicle damage
- Road conditions
- Traffic signs and signals
- Debris and skid marks
- Weather and lighting conditions
- Any visible AV indicators, sensors, or displays
Contact the Vehicle Operator
Many robo-taxi companies provide a 24/7 support number on the vehicle or through their mobile app.
Gather Key Information
Collect:
- Vehicle company name
- License plate
- Vehicle ID
- Witness names and contact information
- Police report number
- Insurance information
- Medical treatment records if applicable
Who Is Liable in a Self-Driving Car Accident?
Determining fault in a self-driving car accident is often more complicated than in a traditional crash because responsibility may extend beyond a human driver.
Manufacturer Liability
If a software failure, sensor malfunction, defective hardware, or design flaw caused the accident, the vehicle manufacturer may be liable under product liability law.
Vehicle Operator Liability
In semi-autonomous vehicles requiring human supervision, the driver may be responsible if they failed to intervene when necessary.
Third-Party Liability
Fault may also involve:
- Another negligent driver
- Road maintenance agencies
- Parts manufacturers
- Software developers
- Cybersecurity failures or outside interference
The Injured Driver May Still Be At Fault
If another motorist acted negligently, for example, by making an illegal turn or running a red light, that driver may still be responsible, even if the autonomous vehicle was involved.
Why Evidence Is Critical in Autonomous Vehicle Crash Claims
Unlike traditional accidents, self-driving car crashes may involve digital evidence such as:
- Sensor data
- Camera footage
- Vehicle logs
- Software event records
- GPS data
- Communication records between autonomous vehicles
This evidence can be critical in proving what happened and identifying who may be legally responsible.
In 2023, the Institute of Electrical and Electronics Engineers (IEEE) created the world’s first data storage system for automated vehicles. IEEE has said that the data generated must be available for crash investigations and for use by software and hardware designers to make improvements.
Insurance and State Laws for Autonomous Vehicles
Insurance requirements for autonomous vehicles vary from state to state. Some states apply traditional liability rules, while others have enacted specific requirements for highly automated vehicles.
In no-fault states, injured parties may first seek compensation through their own Personal Injury Protection (PIP) coverage before pursuing liability claims.
As self-driving technology becomes more common, insurance and liability laws continue to evolve.
State regulations, according to the IIHS, as of July 2025, 36 states plus the District of Columbia have laws regulating specific aspects of autonomous vehicle testing or operation. To see the latest legal developments concerning self-driving cars in your state, check the National Conference of State Legislatures’ autonomous vehicles legislative database.
Reporting Requirements for Autonomous Vehicle Crashes
Autonomous vehicle companies may also face federal reporting requirements after certain crashes.
These reports may include:
- Fatal accidents
- Injury-causing crashes
- Incidents involving vulnerable road users
- Significant property damage events
Police reporting requirements still apply under state and local law.
Can You Sue After a Self-Driving Car Accident?
Yes. Depending on the circumstances, injured victims may be able to pursue claims for:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Property damage
- Wrongful death damages in fatal cases
In some cases, consumers may also pursue fraud, warranty, or deceptive marketing claims if a manufacturer overstated the capabilities of its autonomous driving technology.
The Data
According to crash-test data provided by Waymo, driverless cars are between four to seven times less likely to get into an injury-causing crash than a human-driven vehicle. Accidents still happen. Since 2019, there have been a total of 3,979 reported accidents involving autonomous vehicles. According to the most recent NHTSA data, in 2025, there were between 61 and 112 self-driving car crashes each month.
Speak With a Self-Driving Car Accident Lawyer
Self-driving car accidents present unique legal challenges because liability may involve manufacturers, software developers, ride-share operators, insurers, and traditional drivers.
If you were injured in an accident involving a self-driving vehicle, our experienced personal injury attorneys can investigate the crash, preserve critical digital evidence, and help determine who may be responsible. Contact us for a free case evaluation.
As autonomous vehicle technology expands, victims need legal advocates who understand the evolving laws surrounding self-driving car accident liability and autonomous vehicle injury claims.
At Napoli Shkolnik, we take personal injury claims seriously, and we have experienced attorneys who can help you navigate the process.