San Diego Personal Injury Attorneys, founded by Deon Goldschmidt explains who is responsible when a self-driving or autonomous vehicle causes a crash.
KEY TAKEAWAYS
- The law is still developing. Self-driving vehicles haven't been around long, so liability depends heavily on the type of vehicle and the facts of the crash.
- Fully driverless cars like Waymo: if a malfunction injures a passenger, the passenger may have a claim against the company. Someone in another vehicle hit by one may have a claim too.
- Driver-assist cars like Tesla: Tesla warns drivers they must be able to take over at any time, so in most crashes the claim is against the Tesla's driver.
- When the technology is to blame: if the self-driving system clearly contributed to the crash, you may also have a claim against the manufacturer.
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Fully Self-Driving vs. Driver-Assist Cars
Not every car marketed as "self-driving" drives itself. Who is responsible after a crash often depends on which kind it is:
- Fully driverless vehicles (such as Waymo robotaxis) operate with no human driver in control. When one causes a crash, the company that operates it is usually the focus of the claim.
- Driver-assist systems (such as Tesla's Autopilot and Full Self-Driving) help with steering and braking, but the driver must stay alert and ready to take over. The driver is usually responsible, and the manufacturer may share responsibility if the system failed.
When a software glitch, sensor failure or other defect causes a crash, the case may also involve product liability.
What to Do After a Crash With a Self-Driving Car
- Get medical care, even if you feel fine.
- Call the police and make sure the report notes that a self-driving or driverless vehicle was involved.
- Take photos of the vehicles, the scene and your injuries. On a driverless car, photograph the company name and vehicle number.
- Get witness names and phone numbers.
- Call an attorney quickly. Self-driving cars record camera footage and driving data, and your attorney can ask for it to be preserved before it's lost.
Hurt in a crash with a self-driving car?
Call San Diego Personal Injury Attorneys at 619-752-2217 for a free, confidential case review, available 24/7.
Frequently Asked Questions
Can I make a claim against Waymo if a driverless car injures me?
Often, yes. If a fully driverless vehicle malfunctions or causes a crash, an injured passenger or someone in another vehicle may have a claim against the company that operates it.
Who is liable if a Tesla using self-driving features causes a crash?
In most cases, the driver. Tesla tells drivers they must keep a proper lookout and be ready to take over, so the driver usually remains responsible. If the self-driving system clearly contributed to the crash, Tesla may also be liable.
Is a self-driving car accident a product liability case?
It can be. When a software, sensor or other defect causes a crash, the manufacturer may be responsible under product liability law, along with or instead of the driver.
What should I do after a crash with a self-driving car?
Get medical care, call the police, and photograph the vehicles and the scene. Note the company name and vehicle number on a driverless car, get witness contact details, and talk to an attorney quickly so the car's camera and driving data can be preserved.
Reviewed by Deon Goldschmidt, Esq., November 2026