Who Is Responsible for Self-Driving Car Crashes?
Feb. 4, 2025
In recent years, autonomous vehicles (AVs) have taken to the roads in many parts of the country. These vehicles promise to revolutionize the way we think about transportation, offering the potential for fewer accidents, reduced traffic congestion, and more efficient travel.
However, as self-driving vehicles become increasingly common, the question of responsibility in the event of a crash has become more challenging to answer. If you’ve been involved in an accident involving a self-driving car, understanding liability can be incredibly challenging, and it’s critical to work with a qualified car accident attorney.
The Rabin Law Firm in Syracuse, New York, has helped numerous individuals involved in car crashes understand their legal rights and seek appropriate compensation.
Attorney Benjamin Rabin can provide further clarification on liability in accidents involving self-driving cars.
The Rise of Autonomous Vehicles
Before discussing the complicated issue of liability, it’s important to understand what an autonomous vehicle is.
Autonomous vehicles are cars equipped with self-driving technology, including sensors, cameras, radar, and algorithms that allow the car to drive without human input. These vehicles are classified into different levels of autonomy, ranging from Level 1 (basic assistance features like cruise control) to Level 5 (full automation with no human intervention required).
At Level 5, the vehicle is fully capable of operating on its own, with no need for a driver. However, most self-driving cars on the road today are at Level 2 or Level 3 autonomy, which means the driver may still need to intervene in certain situations, although the vehicle is capable of performing many driving tasks independently.
As self-driving technology evolves, the matter of liability becomes more complicated. If a car accident happens involving an autonomous vehicle, it’s critical to determine who is at fault and who should be held accountable.
Parties That May Be Held Responsible in Self-Driving Car Accidents
Responsibility in an autonomous vehicle crash is far from straightforward. The parties potentially responsible can include:
The vehicle manufacturer
The software provider
The human operator (if one is present)
The company that owns the self-driving vehicle.
Here are some key areas of responsibility to consider when determining who is liable in a self-driving car crash:
The Manufacturer of the Autonomous Vehicle
The manufacturer of an autonomous vehicle plays a significant role in the liability of a crash. If a malfunction in the vehicle’s system or hardware caused the accident, the manufacturer may be held liable under product liability laws.
This includes failures in the car’s sensors, cameras, software, or any other part of the autonomous system that directly contributes to the crash.
For example, if the car’s radar system fails to detect an obstacle, or the software incorrectly interprets data, causing the vehicle to crash, the manufacturer could be held responsible for the defective design or failure of the system. In such cases, a car accident attorney would typically pursue a product liability claim against the manufacturer.
The Developer of the Self-Driving Software
In many cases, the software developer responsible for programming the autonomous vehicle’s algorithms may also be held accountable for an accident.
The software that powers a self-driving car is incredibly complicated, and errors or bugs in the code can result in malfunctioning behavior. If the car's programming is responsible for the crash — for example, the software misjudging the speed of another vehicle or failing to stop at a traffic signal — the developer may be at fault.
This has been a subject of significant legal discussion, as software and algorithm-driven decisions are difficult to pinpoint in the same way human decisions can be. However, as AV technology continues to evolve, courts are increasingly taking the view that software developers must make sure their systems are thoroughly tested and meet the highest safety standards.
The Human Operator
In many cases, self-driving cars still require a human operator to be present in the vehicle, even if the car is operating autonomously. The human driver is often expected to take control if the car encounters a situation it can’t handle. If the human driver fails to intervene when necessary, they may be held partially or fully responsible for the crash.
For example, if a human driver was required to take control of the vehicle but failed to do so, leading to a crash, they could be liable. This is particularly relevant for vehicles with Level 2 or Level 3 autonomy, where the vehicle is capable of performing many tasks but may still require human intervention at critical moments.
In some cases, the human operator might not be physically able to take control of the vehicle (for instance, due to incapacitation). In such situations, it might be argued that the vehicle itself failed to properly handle the driving situation, pushing more liability onto the manufacturer or software developer.
The AV Fleet Operator (If Applicable)
In certain cases, such as when autonomous vehicles are used in fleets for ridesharing or delivery services, the company that owns or operates the vehicle may be held responsible. These fleet operators are generally required to maintain the vehicles in safe working condition and make sure they’re regularly inspected and updated with the latest software.
If the fleet operator fails to maintain the vehicle or the vehicle was being used improperly at the time of the accident, the company may be liable for the crash. This is particularly relevant in the context of shared or rented self-driving vehicles, where the company that owns the fleet may have a greater responsibility for making sure the vehicle is safe for operation.
Third Parties and Other Drivers
Autonomous vehicles still interact with human-driven vehicles and pedestrians, and sometimes the cause of an accident can be traced back to the actions of a third party. If a human driver causes a collision with an autonomous vehicle, that driver may be held responsible, just as they would be in a traditional car accident.
In cases where a third party — such as another driver or pedestrian — is at fault, a car accident attorney would work to hold that individual or entity liable for the accident and help you pursue compensation for any injuries or damages sustained.
Government Entities (in Certain Cases)
Government entities may also play a role in self-driving car accidents. In some cases, faulty road design, poorly marked traffic signals, or defective infrastructure may contribute to an accident involving an autonomous vehicle. If the road conditions are a contributing factor, the government entity responsible for road maintenance or design may be liable.
However, pursuing claims against government entities can be more complicated due to sovereign immunity, which protects government agencies from lawsuits in certain cases. It’s crucial to work with an experienced car accident attorney to work through these legal complications if you believe government negligence played a role in the crash.
How Liability Is Determined in Self-Driving Car Crashes
Determining who is at fault in an autonomous vehicle crash is a complicated process that typically involves thorough investigation, expert testimony, and the review of data from the vehicle itself.
Self-driving cars are equipped with sophisticated black boxes, similar to those found in airplanes, which record crucial information about the vehicle's performance before, during, and after a crash. This data can be invaluable in determining fault.
A car accident attorney will often work with accident reconstruction specialists and engineers to analyze this data and identify what went wrong. Was the car’s system malfunctioning? Did the human operator fail to intervene? Was there a software error? The answers to these questions will help determine who is responsible for the accident.
Contact an Experienced Car Accident Attorney
If you’ve been involved in a crash involving an autonomous vehicle, it’s crucial to consult with a knowledgeable car accident attorney. With the right legal representation, you can better understand your options and pursue the compensation you deserve.
Attorney Benjamin Rabin provides legal representation to accident victims throughout Central New York, including Syracuse, Binghamton, Utica, Watertown, and Rochester. Contact The Rabin Law Firm today to begin discussing the details of your case.