What Happens If a Self-Driving Car Hits You?

Self-driving cars are no longer science fiction, they’re now on public roads in cities across the country, including in Wisconsin. With the rise of autonomous vehicles, however, comes a new and complicated legal question: What happens if a self-driving car hits you?

Whether you’re struck by a driverless vehicle while walking across a street in Milwaukee or you’re involved in a car accident involving an autonomous driving system on the highway, the legal process is vastly different from traditional crash scenarios. Liability can involve multiple parties, including vehicle manufacturers, software developers, and the so-called “driver.” In this article, we break down what you need to know if you’re the injured party in a self-driving car accident and how the legal system is adapting to this emerging technology.

Understanding Self Driving Car Accidents

Self driving cars, also called autonomous cars or driverless vehicles, use complex self driving technology, including sensors, cameras, and artificial intelligence to navigate roadways. These automated driving systems are capable of performing many functions that were once the sole responsibility of a human driver. Despite this, accidents still occur.

Like most car accidents, a self driving car crash can result in serious injuries, property damage, and complicated car accident claims. But when the vehicle is in self driving mode, identifying the at fault driver becomes more challenging. Is it the human sitting behind the wheel? The vehicle manufacturer? Or the software company that programmed the autonomous vehicle crash avoidance system?

Who Is Held Liable in a Self Driving Car Accident?

Determining liability in accidents involving autonomous vehicles is one of the most difficult legal challenges we face today. Unlike typical car crashes where human error is a primary factor, self-driving vehicle accidents may stem from system malfunctions, poor sensor readings, or even flaws in the vehicle’s design. In some cases, liability may rest with the human driver if they had the opportunity—and responsibility—to take control of the driving car but failed to act.

However, in other situations, vehicle manufacturers and software developers may be held liable in a self-driving crash. These parties are often responsible under product liability laws if a defect in the autonomous driving system or self driving technology caused the crash. In such cases, victims may pursue claims against the autonomous vehicle manufacturer or software provider, in addition to any human driver involved.

Under Wisconsin law, all motor vehicles must carry liability insurance. But questions arise when a self-driving car crashes due to an error in automation. Which insurance companies are responsible—the owner’s insurer, the car manufacturer’s liability policy, or the developer of the automated system?

What to Do After an Accident Involving a Self Driving Vehicle

If you are injured in a car accident involving a self driving vehicle, your first priority should be to seek medical attention. Even if you feel fine, some injuries may not show immediate symptoms. Prompt treatment also strengthens your case when seeking fair compensation.

Next, document everything. Take photos of the accident scene, damage to all motor vehicles involved, and obtain contact information for any other driver and witnesses. If a driverless car was involved, gather evidence showing it was operating in self driving mode. This might include footage, data logs, or even confirmation from the vehicle manufacturer.

Then, consult with a personal injury lawyer. A car accident lawyer with experience handling autonomous vehicle crash claims can help you determine liability, gather the necessary evidence, and file claims with the correct insurance companies. Navigating the legal system in self driving cases requires specialized knowledge that most general legal professionals or law firms may not have.

The Role of Human Drivers and Manufacturers in Autonomous Car Accidents

Despite the growing presence of fully self-driving vehicles, most currently available autonomous cars still require a human driver to monitor the road and be ready to take over. This shared control creates unique challenges in proving fault and assigning personal liability.

For example, if a human driver fails to override the self-driving technology during a hazardous situation, such as when adaptive cruise control or automatic braking fails, they may still be considered negligent. On the other hand, if the autonomous vehicle acted independently, responsibility could shift toward the car manufacturers or the developers of the autonomous vehicle’s systems.

In cases where driver negligence, such as distracted driving or failure to react, contributed to the crash, the human driver may still be held liable. Determining whether human error, machine error, or both caused the accident is critical in all car accidents involving self driving vehicles.

Seeking Compensation After a Self Driving Car Accident

As the injured party, you have the right to recover compensation for your losses, including medical bills, lost income, and emotional trauma. Filing car accident claims after a crash involving autonomous vehicles may involve multiple defendants, ranging from the vehicle’s owner to the self-driving technology developer.

If you’re injured in a self driving car accident in Milwaukee, it’s important to contact a law firm with an experienced legal team that understands the emerging issues surrounding driverless cars. An experienced car accident lawyer can help identify liable parties, file claims against vehicle manufacturers or insurance companies, and fight for the full amount of compensation you deserve.

Learn more about your rights after a self driving car accident. Call the Law Offices of Gary S. Greenberg at (414) 271-7007 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.

FAQs: Self Driving Car Accident

Can I sue if a self-driving car hits me?

Yes. Depending on the cause, you may have a claim against the vehicle’s owner, manufacturer, or the company responsible for the self-driving technology.

Who pays for damages in a self-driving car crash?

Liability insurance still applies, but determining whose insurance covers the damages depends on who was at fault—human driver, car manufacturer, or software developer.

Is the human driver responsible even in self driving mode?

Often, yes. If the driver had a duty to intervene and didn’t, they may be found liable in a self driving vehicle accident.

What should I do after being hit by a driverless car?

Seek medical attention, document the crash, and contact a personal injury lawyer. Proving fault in these cases can be very complex.

Are self-driving cars safe?

While designed to reduce human error, not all accidents are avoidable. As with all motor vehicles, autonomous vehicles still carry risk and are not immune to crashes.