Self-Driving Car Accident: Understanding Your Rights

As the number of driverless car accidents in California continues to climb, questions about who is at fault and what the victim’s rights are are becoming more and more concerning. 

While driverless cars are a great concept in theory, the victims of accidents involving self-driving cars can feel especially enraged because it seems like there is nobody to blame for the accident. 

Knowing Your Rights After A Self-Driving Car Accident

The more self-driving car technology is tested on the road, the higher the accident rates involving autonomous vehicles (AVs). Current statistics are alarming, indicating that the rate of car accidents is notably higher for self-driving cars than for vehicles that are operated by a human being. 

If you are involved in a self-driving car accident, we recommend contacting a client-centric personal injury law firm as soon as possible. Your attorney will guide you through the settlement process and ensure you have access to all the data you need to prove your case.

Common Types Of Accidents Caused By Driverless Vehicles

While many autonomous vehicle accidents are considered “minor,” and some accidents are caused by cars with active drivers (not in auto-driving mode), there are still those accidents that yield serious property damage, not to mention injuries or fatalities.

The most common types of car accidents caused by AV vehicles in the driverless mode include:

• Rear-end collisions at intersections (which cause property damage and put victims at risk for whiplash).
• Sideswipe incidents while one vehicle is passing (or overtaking) another.
• Angle midblock collisions (these are commonly referred to as t-boning, where one car hits another perpendicularly in an intersection) in manual mode.
• Accidents involving pedestrians, cyclists, or other more vulnerable victims (also more often in manual mode).

Sometimes, these accidents occur when the car is in the AV (self-driving) mode, while others occur while the vehicle is in manual mode, making the driver fully responsible.

Most common causes of a self-driving car accident

When accidents occur as a result of AV mode, the most common causes are:

• Sensor interpretation issues
• Algorithm decision-making problems
• Interaction challenges with human drivers
• Weather and visibility conditions

This is why data makes all the difference when determining your rights and establishing negligence (fault) after an accident with self-driving cars. Employing a skilled car accident attorney who understands the importance of obtaining the data stored in an AV vehicle’s system and knows how to interpret that data can make all the difference in proving your case. 

Recent Noteworthy Accidents Involving Autonomous Vehicles

Most accidents involving self-driving cars do not make the news, but others are more noteworthy. Two of the most recent accidents that made California headlines include:

• In January 2025, a multi-car collision in San Francisco involved a Waymo self-driving car, resulting in the first fatality associated with a truly autonomous vehicle with no one in the driver's seat (nbcbayarea.com).
• In October 2023, a pedestrian was struck by a hit-and-run driver and then run over by a Cruise autonomous vehicle in San Francisco. The incident led to Cruise temporarily halting its driverless operations and having its autonomous taxi license suspended (LA Times)

These accidents inspire the outcry for public and legal policies specific to self-driving vehicles.

Legal And Safety Concerns

With increasing numbers of driverless or autonomous vehicles on the road, there is an elevated need to address legal and safety concerns. These include dialogue and policies about:

Reporting requirements

Typically, after an auto accident, drivers and witnesses are encouraged to get the names, contact information, vehicle/insurance info, etc., of the drivers and their vehicles. However, driverless cars - some of which do not involve humans in the driver's seat - make this task impossible. To help get more accurate data, the California DMV has mandated enhanced data reporting requirements for autonomous vehicle incidents

Liability issues 

Of course, with no human at the wheel or in control, we also see debates about who or what is liable. In California, the human operating a self-driving car is held responsible if they fail to take control of the vehicle in an emergency situation. However, as the AV taxi accident we mentioned above indicates, there are places where no human is considered “responsible” because the car is entirely autonomous. 

When determining who is liable, law enforcement, insurance companies, and legal systems evaluate several factors:

• Vehicle manufacturer
• Software developers
• Vehicle operators/owners
• Other involved drivers

In many cases, there may be “shared negligence” or fault, meaning more than one specific factor was at play.

Issues with safety comparisons

The marketing used to sell the public on the idea of self-driving cars has depended on the concept that these cars are safer than cars operated by humans. Some arguments are that the AI operating these vehicles is not susceptible to distracted driving and has a better overall sight range of potential threats. However, statistics actually show that the opposite is true, as we see higher accident rates when comparing the number of accidents involving cars in self-driving mode with those of manually driven vehicles.

Your Future On The Road With Self-Driving Vehicles

The good news is that manufacturers of AVs are continuously working to innovate ever-better safety features. Current statistics show us that even though self-driving vehicle accidents are higher than if AVs were introduced, with an average safety level 10% higher than typical human drivers, approximately 600,000 fatalities could be averted in the United States over 35 years.

In the meantime, consumers need to be vigilant when operating an AV in driverless mode, and victims of accidents involving any vehicle that could potentially be engaged in autonomous mode should ensure they get the data and information they need to protect their rights. 

What To Do After A Self-Driving Car Accident

Here are the steps to take if you are involved in an accident with an AV:

• Clear off the road, stay safe, and make sure everyone is okay.
• Call 911 to get first responders on the scene.
• Get critical information from all involved parties, including pictures of their driver’s license, car registration, and insurance.
• Record all contact information for any bystanders or witnesses willing to share it.
• Take pictures of all of the vehicles involved, as well as the accident scene.
• Get immediate medical attention (even if you “feel fine,” an immediate post-accident physical and imaging is essential because shock often masks actual injuries).
• Contact a personal injury lawyer and have them review the facts of the accident to ensure you are protected and that your rights are represented. An experienced car accident attorney knows how to access AV-specific data that the general public may find more challenging to get on their own.

Let Burneikis Law Guide You Through Your Driverless Car Accident Case

Were you recently involved in an accident involving a driverless car? Burneikis Law can help you get all the information you need to ensure you understand your rights and can take informed action. Legal representation is essential in accidents involving autonomous or self-driving vehicles. Burneikis Law knows exactly how to handle these claims to make sure you are competently represented.

Contact Burneikis Law, (510) 328-3238, to schedule a free, no-obligation discovery call so we can listen to your experience and inform you about the most effective way to proceed.