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Who Pays after Self Driving Car Accidents in California?

May 17, 2022

Who Pays for the Damages in Self-Driving Car Accidents?

In self-driving car accidents, drivers of autonomous vehicles still have the responsibility to ensure everyone’s safety when traveling. When a driver commits a violation and fails to fulfill this duty, they are liable for the damage costs resulting from the crash. However, other parties, such as the manufacturer or other road users, may also be responsible in specific circumstances. 

If you are involved in a collision with an autonomous vehicle, read on to learn more about liability in self-driving car accidents and how to file a claim to receive compensation for the damages of the collision. 

Understanding How Self-Driving Cars Work

Before determining liability in a collision, it is essential to understand how self-driving cars work and what role drivers play when using such a vehicle. 

An autonomous vehicle navigates without human intervention using advanced software algorithms, cameras, radar, light detection and range sensors, and GPS. In real time, these cars interpret and process data from their surroundings to make intelligent decisions about steering, braking, acceleration, and navigation. According to Statista, the forecast sees the autonomous vehicle market to increase up to 114.5 billion U.S. dollars in size in 2029.

Moreover, having an autonomous vehicle does not mean drivers have zero driving duties. Currently, such a vehicle only assists a driver instead of replacing them. Self-driving vehicles evolve through six stages of driver assistance technology as defined by The Society of Automotive Engineers:

  • Level 0: No Driving Automation – The driver performs all tasks without technological aid.
  • Level 1: Driver Assistance – Vehicles assist with basic tasks like acceleration, braking, and steering. Most current vehicles fall into this category.
  • Level 2: Partial Driving Automation – Advanced systems allow vehicles to manage steering, acceleration, and deceleration, but human intervention is still necessary. A driver must be present to take control when needed.
  • Level 3: Conditional Driving Automation – These vehicles have “environmental detection” capabilities and can autonomously make decisions, such as overtaking slower vehicles. However, they still require human oversight. Drivers must stay alert and be ready to intervene if the system encounters difficulties.
  • Level 4: High-Driving Automation – Level 4 cars can handle system failures or unexpected situations to ensure safety. They generally do not need human interaction but can be manually overridden.
  • Level 5: Full Driving Automation – These vehicles are autonomous in all scenarios and conditions. Although fully autonomous cars are being tested, they are not publicly available.

Although self-driving automation technologies contribute to increased safety, they are not perfect. They can lose efficacy when snow or other heavy precipitation covers sensors or lane markings.

How Often Do Self-Driving Cars Cause Accidents?

As technology progresses, self-driving vehicles are expected to become safer. Machine learning innovations, improved sensors, and more advanced algorithms are projected to reduce the frequency of accidents further. Despite this, there are still many auto crashes involving self-driving cars.

Autonomous cars are over twice as likely to be involved in collisions as conventional cars. A study states:

  • For every million miles driven, there are 9.1 collisions involving autonomous vehicles.
  • For every million miles driven, there are 4.2 crashes involving conventional cars.

Moreover, in 2020, the Insurance Institute for Highway Safety reviewed nearly 5,000 accident reports and found that autonomous vehicles still struggle with key driving errors—such as planning, decision-making, and execution. They concluded that only about 34% of collisions could have been prevented, even with fully automated vehicle operation.

Despite their continuous development, drivers are reluctant to use self-driving cars due to safety concerns. According to Forbes, when it comes to self-driving vehicles, consumers’ top concern is safety. In fact, 36% of Americans don’t trust technology to keep drivers and pedestrians safe. The second most common concern among consumers is technology failures, with slightly more than 25% saying that their biggest fear is that autopilot technology may malfunction while driving.

Though these concerns are not as urgent as anxieties about how autonomous vehicles affect road safety, Americans also worry about reliability, cost, hacking, vehicle longevity, and privacy.

What to Do When Involved in Self-Driving Car Accidents

You should take particular actions if you are involved in a collision in California with a self-driving car to safeguard your safety, obtain the information you need, and preserve your legal rights. 

  • Relocate to a secure area, but do not leave the accident site.
  • Check for injuries and call 911 or the state police department near you immediately.
  • Utilize the hazard lights on your car to warn other motorists and prevent further collisions.
  • Exchange information with all parties involved in the collision, including the names, contact information, insurance information, and data about the car. If a company owns a self-driving car or is a rideshare, get information about it.
  • Document the scene by taking pictures and videos of the collision from various perspectives to capture the situation and record key information, such as the damage to each vehicle.
  • Obtain the contact details of any individuals who witnessed the collision. Their quotes may be helpful in your circumstances.
  • Speak with a California self-driving car accident lawyer who can guide you through the intricacies of personal injury claims, particularly when cutting-edge autonomous car technology is involved in an accident.

Accidents involving self-driving cars are often complex because they may involve multiple parties, including the driver, the vehicle manufacturer, and the technology provider. Understanding this complexity is important when protecting your safety and legal rights. By gathering evidence, seeking medical attention, and consulting with a lawyer early, you can strengthen your claim and help ensure a smoother legal process.

Who Pays for Damages in Self-Driving Car Accidents?

Generally, the driver who causes an accident should be liable for paying the damage costs. In such a case, their insurance provider will cover the expenses related to the collision. 

However, victims can only file a claim to receive compensation if they can successfully prove that the other party’s actions or negligence caused the crash. They can do this if they can find sufficient evidence demonstrating the elements of negligence:

  • The driver was responsible for protecting everyone’s safety on the road.
  • They neglected this duty.
  • The breach of duty resulted in an accident.
  • The accident caused injuries and other damages.

While it is typically straightforward to justify an individual’s negligence in a car accident, what happens if the collision involves a self-driving vehicle?

Despite the market’s progress in autonomous vehicles, human operators are still necessary for all self-driving cars today. These operators must be alert and prepared to take over control if required. As such, if a driver is irresponsible and does not take precautions to avoid an accident, they can be held liable for it.

Example

In April 2019, George McGee was driving a Tesla Model S with the Autopilot system engaged in Key Largo, Florida.

He allegedly dropped his phone, looked down to pick it up, and failed to notice a stop sign at a T-intersection, then the car struck a parked Chevrolet Tahoe adjacent to where 22-year-old Naibel Benavides Leon and her boyfriend, Dillon Angulo, were standing. Leon was killed instantly, and Angulo suffered severe injuries. 

The plaintiffs sued both McGee and Tesla, asserting that Tesla’s marketing misled users about Autopilot’s capabilities and that the system failed to intervene when needed.

After a nearly month-long trial, a jury found Tesla partially liable and awarded a total of $243 million in damages, $129 million in compensatory damages (with Tesla held responsible for 33% or $42.6 million) and $200 million in punitive damages. 

Moreover, the jury determined that driver George McGee was 67% responsible for the crash, but since he was not named as a defendant, he won’t be required to cover that portion of the damages.

The verdict is one of the largest and most significant judgments against an automaker for a crash involving its driver-assist system, and Tesla has since filed motions seeking to overturn or reduce the award.

 

While you can generally file two or more personal injury claims simultaneously, it may be challenging. Note that you must have solid evidence to receive compensation successfully for both cases. How can you do this if you have limited knowledge about self-driving car accidents or need to tend to your injuries?

A California self-driving car accident lawyer can examine the situation, determine who the liable parties are, and collect evidence to prove your claim. They can take care of your cases while you focus on your recovery.

Can I Still Receive Compensation if I’m Partly Liable?

In some cases, you might share responsibility for a self-driving car accident if your actions contributed to the crash. 

For example, the driver of an autonomous car was drunk when the accident happened. Initially, it was assumed that the driver failed to act accordingly and caused the collision because they were intoxicated. However, as the investigation progressed, the authorities discovered that you were distracted by your phone and failed to prevent the crash. 

If the collision occurred in California, you can still pursue a personal injury case regardless of your contribution to the accident. Note that under the principle of pure comparative negligence, your settlement may be reduced in proportion to your degree of fault. For instance, if you are found to be 15% at fault, you would receive 85% of the settlement, while the other driver could claim 15% for their damages.

Hiring a car accident lawyer in California is essential as they can evaluate your case, establish liability, and advocate on your behalf. They can also determine whether the offer is appropriate according to your degree of fault and fight for fair compensation. 

Lawyer’s Tip: Car accident lawyers can assess your personal injury claim to determine if punitive damages may apply. If the court agrees, your settlement could be increased to include these punitive losses.

Do I Need a California Self-Driving Car Accident Lawyer to Protect My Rights?

Proving a car accident involving a negligent driver can be straightforward as their actions directly caused the crash. However, filing a claim for a self-driving car accident can be more challenging. You must demonstrate whether the collision resulted from the negligence of the driver, vehicle manufacturer, or other road users.

In such situations, a car accident lawyer in California can evaluate the details of your claim and leverage their expertise to defend it. A self-driving car accident lawyer can:

Collect the necessary evidence to support your claim.

  • Establish the negligent party’s liability.
  • Assess the total damages.
  • Communicate with insurance companies.
  • Proceed to trial if necessary.

With numerous years of experience handling personal injury cases, The Law Offices of Larry H. Parker has the top car accident lawyers in California. Call 800-333-0000 or arrange a free consultation to discuss your best legal alternatives.

When you need someone to fight with you, not against you, call us for a free evaluation of your car accident claim.

What Our Clients Say About Us

Not all personal injury attorneys will fight as hard for your cause as we do, even though many may take your case and develop a strong defense. As attested by our prior customers, our California car accident attorneys are incredibly well-equipped to prepare a faultless claim: 

“Great job. Got good compensation and service. I always refer to friends and family.” Alex Adams.

Frequently Asked Questions

Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian. 

If you have further questions, we answered some of the most often-asked concerns about road accidents. 

References

(n.d.). Autonomous vehicles worldwide – statistics & facts. Retrieved June 6, 2024, from https://www.statista.com/topics/3573/autonomous-vehicle-technology/#topicOverview

The 6 Levels of Vehicle Autonomy Explained. (n.d.). Synopsys. Retrieved June 6, 2024, from https://www.synopsys.com/automotive/autonomous-driving-levels.html

comparative negligence | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.edu. Retrieved June 6, 2024, from https://www.law.cornell.edu/wex/comparative_negligence

Huetter, J. (2020, June 10). IIHS: Self-driving cars might only avoid a third of crashes. https://www.repairerdrivennews.com/. https://www.repairerdrivennews.com/2020/06/10/iihs-self-driving-cars-might-only-avoid-a-third-of-crashes/

93% Have Concerns About Self-Driving Cars According to New Forbes Legal Survey. (2024, February 13). Forbes. Retrieved June 6, 2024, from https://www.forbes.com/advisor/legal/auto-accident/perception-of-self-driving-cars/

Ramirez, A. (2025, September 10). Self Driving Car Accidents Trend Chart (2025). ConsumerShield. Retrieved September 18, 2025, from https://www.consumershield.com/articles/self-driving-car-accidents-trends

Self-driving vehicles could struggle to eliminate most crashes. (2020, June 4). IIHS. Retrieved June 6, 2024, from https://www.iihs.org/news/detail/self-driving-vehicles-could-struggle-to-eliminate-most-crashes