Self-driving cars are increasingly common in U.S. cities. Tesla’s Autopilot offers advanced driver assistance, but doesn’t remove the driver’s responsibility. When AI causes a crash, liability can be complicated, depending on driver actions, system performance, and third-party involvement.

If you’ve been in a Tesla self-driving accident, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 for assistance seeking compensation.
Who’s Liable When a Self-Driving Tesla Causes a Crash?
A self-driving car can operate independently of human control, though most cars today have only partial automation. Understanding autonomous vehicle liability in crashes involving these vehicles starts with knowing the automation levels.
- Level 0: No automation; the human driver is fully responsible.
- Level 1: Driver assistance with one automated system that still requires constant supervision.
- Level 2: Partial automation with multiple systems like Tesla’s Autopilot, which control speed and direction but need a human driver in charge.
- Level 3: Conditional automation, where the vehicle can manage all tasks, but the driver must be ready to take over when necessary.
- Level 4: High automation capable of handling all driving functions in specific conditions or areas, such as robotic taxis in designated routes.
- Level 5: Full automation, operating independently under all driving conditions.
Currently, most vehicles are classified at levels 0-2, where traditional liability rules apply. However, as automation increases, liability begins to shift from drivers to manufacturers and software developers.
Liability for Self-Driving Car Crashes
Currently, almost all vehicles on the road are operated by human drivers, and most car accident insurance claims and litigation stem from driver negligence. However, as autonomous vehicles transition from testing phases to everyday use, the legal framework will need to adapt to adequately compensate those affected by accidents involving self-driving cars. In 2021, the National Law Review reported that self-driving cars had an accident rate of 9.1 per million miles, while traditional vehicles had a rate of 4.1 per million miles. The responsibility for accidents with these vehicles could be attributed to several factors, including:
Vehicle Operator
Car accidents involving vehicles at SAE levels 2 and 3 will likely be assessed using traditional negligence standards. Drivers must operate their vehicles safely to avoid liability. Common negligence situations include distracted driving by over-relying on Autopilot, using Autopilot in unsuitable areas, and failing to respond when the system does not react properly to hazards.
Vehicle Manufacturer
In instances where a self-driving car is involved in an accident due to flaws in its design or manufacturing, a person injured in the incident could file a lawsuit against the manufacturers under the concept of product liability. Cases related to driverless vehicles are expected to center on issues such as the design defects in the automation systems, problems in manufacturing, and insufficient guidance or warnings provided to users.
Software Developers
Software is crucial for the functioning of autonomous vehicles. Self-driving cars rely on various technologies, including sensors, cameras, radar, and artificial intelligence (AI), to gather and analyze information about their surroundings, allowing them to navigate without human input. In the event that a software flaw leads to an accident, the software developer could be held responsible for resulting injuries and damages.
Other People on the Road
Not every incident involving self-driving cars is the fault of the autonomous vehicle itself. If a nearby individual, whether a driver, cyclist, or pedestrian, acts carelessly and causes an accident, they are legally accountable for any resulting damage. For instance, if you are riding in a robotaxi that gets hit from behind, your claim would be directed at the human driver responsible for the collision, rather than the owner or manufacturer of the robotaxi.
Situations Where Tesla may be Liable for Accidents
Tesla might be held responsible for an accident if there’s evidence indicating that autopilot was malfunctioning or did not function as expected. This could involve:
- Issues with software or design: This applies if f the autopilot system failed to properly identify or react to the conditions on the road.
- Inadequate user warnings: Tesla might face liability if it did not sufficiently inform users about the limitations or dangers associated with autopilot.
- Negligence regarding system updates: If the company neglected to provide crucial software updates that could have helped avoid the accident.
Claims like these typically fall under product liability laws, which require demonstrating a defect in the vehicle or its parts.
Understanding the Role of AI in Car Accidents Involving Autonomous Vehicles
In incidents involving self-driving cars, AI plays several important roles, such as keeping records of data, making decisions, and influencing questions of liability. These intelligent systems assess information to spot dangers, reduce risks, and sometimes act to avert accidents. If a collision happens, the recorded data can be vital for understanding what happened and establishing accountability.
Data Logging and Reconstruction
Self-driving cars gather data through their sensors and cameras, capturing details about the vehicle’s condition, the surrounding environment, and nearby vehicles or obstacles. This information is stored and analyzed by AI systems, creating a comprehensive account of the events that occurred before and during an incident. Such data is vital for piecing together what happened in an accident and understanding the context, which is important for personal injury claims.
AI-Driven Decision-Making
AI technologies leverage machine learning to enable real-time decision-making using collected data. These technologies can respond more quickly and accurately than humans, reducing risks and avoiding collisions. For instance, collision avoidance systems can identify imminent collisions and activate emergency brakes, while adaptive cruise control ensures a safe distance from other vehicles. The role of AI is vital in enhancing the safety of autonomous vehicles and minimizing accidents. Although AI can greatly decrease the likelihood of accidents, it also brings up important questions regarding liability and accountability when accidents happen. As AI advancements progress, grasping its impact on vehicle incidents will become increasingly crucial.
Why You Need an Auto Accident Lawyer When AI Causes a Crash
After an accident involving a self-driving car, you should consult an auto accident lawyer for AI crashes, as these cases can be intricate, involving unique legal and technical aspects. An attorney knows average car accident settlement amounts, can assist you in determining who is liable, whether it’s the AI developer, the car manufacturer, or someone else, help you gather evidence related to the AI’s performance, negotiate a fair settlement, or pursue legal action if needed.
Self-driving car accidents come with distinct challenges that set them apart from traditional collisions. These challenges include:
- Unclear Liability: Determining fault may involve manufacturers, software developers, or others.
- Technical Evidence: It’s essential to analyze sensor data and AI systems to grasp what led to the accident.
- Evolving Laws: As legal standards for autonomous vehicles are still evolving, this adds to the complexity.
- Multiple Parties: Liability may be shared among several entities.
Having experienced self-driving car accident lawyers on your side is crucial to safeguard your rights, avoid common mistakes after a car accident, and seek fair compensation.
Technical Investigation
Your lawyer collaborates with automotive technology experts to extract and evaluate key data from the self-driving vehicle’s systems, helping to pinpoint what went wrong and who is liable.
Evidence Preservation
Immediate steps are taken to secure essential electronic data, sensor readings, and system logs to prevent alteration or loss of this critical information for your case.
Liability Assessment
Your attorney conducts a thorough investigation to identify all parties responsible, including vehicle manufacturers, software developers, and fleet operators, who may be liable for your injuries.
Insurance Navigation
Your motor vehicle accident lawyer will manage communication with multiple insurance companies, ensuring your claims are properly submitted and pursuing coverage from all applicable policies, including product liability and technology company insurance. Your lawyer will address issues during the car accident insurance investigation.
Medical Documentation
Your legal team works closely with your healthcare providers to compile detailed records of your injuries and document all accident related medical costs and future care requirements.
Damage Calculation
All forms of compensation, including current and future medical expenses, lost wages, and noneconomic damages, will be meticulously calculated.
Technical Translation
Complex technical aspects will be simplified into clear, comprehensible terms for judges and juries, ensuring your case is effectively presented if it goes to trial.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance in seeking compensation after your accident.