As self-driving vehicles shift from futuristic novelty to real-world presence, the promise of safer roads has been one of the technology's biggest selling points. Proponents argue that autonomous vehicles eliminate human error—the leading cause of car accidents. But with real-world deployments come new challenges: mixed traffic environments, unpredictable pedestrian behavior, and murky legal responsibility when collisions occur. So, are autonomous vehicles truly making our roads safer? And what happens legally when one is involved in a crash?

This article explores the current data on self-driving vehicle safety and breaks down the evolving legal implications for accident liability.

The Current State of Autonomous Vehicle Safety

Autonomous vehicles (AVs), also referred to as self-driving cars, rely on a mix of sensors, cameras, and artificial intelligence to interpret their surroundings and make driving decisions. The goal is to remove or reduce the likelihood of driver-related errors—such as distraction, fatigue, or impaired driving—which the National Highway Traffic Safety Administration (NHTSA) attributes to over 90% of serious crashes.

However, the actual safety impact of AVs remains under evaluation. While companies like Waymo and Tesla report millions of self-driven miles, independent data is still limited. According to the California Department of Motor Vehicles, which requires companies to report disengagements (instances where a human driver had to take over), the frequency and context of these incidents vary widely across manufacturers.

Real-world collisions involving AVs—though still rare compared to traditional vehicle crashes—raise serious concerns. In a 2022 study from the Insurance Institute for Highway Safety (IIHS), researchers noted that while AVs could theoretically prevent many types of crashes, their effectiveness heavily depends on how they're programmed to make decisions in complex environments, especially at high speeds or in congested urban areas.

Types of Accidents Involving Self-Driving Vehicles

As AVs operate in real-world traffic, three types of accident scenarios have emerged:

• Fully autonomous vehicle collisions: These involve cars operating in self-driving mode with no driver input at the time of the crash.
• Driver-assisted system failures: Vehicles operating in advanced driver-assistance modes (e.g., Tesla's Autopilot) where the driver is expected to monitor the system but doesn't intervene.
• Mixed responsibility accidents: Incidents involving both human error and software decision-making, such as a pedestrian unexpectedly crossing into the path of an AV.

Each scenario presents different legal and technical questions that traditional liability models are not fully equipped to handle.

The Challenge of Assigning Fault in AV Accidents

One of the most pressing legal issues surrounding autonomous vehicles is how to determine liability when an accident occurs. In a conventional car crash, investigators look at driver behavior, traffic laws, and physical evidence to establish fault. But when software is driving the vehicle, the question becomes: who—or what—is legally responsible?

Here are the primary parties that could face liability:

• Vehicle manufacturers: If a defect in the AV's software or hardware caused the accident, product liability laws may apply.
• Technology providers: Companies that supply sensors, AI platforms, or mapping software may share liability if their systems contributed to a failure.
• Human occupants: In cases involving driver-assist features, drivers who misuse or fail to supervise the system might still be held responsible.
• Third-party drivers or pedestrians: In mixed-fault scenarios, another road user's behavior could contribute to the crash, raising comparative negligence questions.

Because AV liability is still evolving, courts often must apply traditional negligence, product liability, or strict liability theories in unfamiliar ways.

How States Are Responding

Laws governing autonomous vehicles vary significantly by state. Some, like California and Arizona, have established testing and deployment regulations, while others remain largely unregulated. As of early 2025, over 30 states have enacted some form of AV legislation, yet few provide clear guidance on post-accident liability.

Some notable trends:

• Presumption of manufacturer liability: A handful of jurisdictions are considering statutes that presume fault lies with the manufacturer in Level 4 or Level 5 autonomous driving cases.
• Mandatory insurance requirements: States like Florida require AV operators to carry specific insurance policies, often at higher coverage limits.
• Black box data rules: Several states now require AVs to record driving data, which can later be used in accident investigations and litigation.

The legal landscape is rapidly changing, and both plaintiffs and defense attorneys must stay updated on state-specific developments.

Insurance Industry Adjustments

As AVs grow more common, auto insurers are rethinking how they assess risk. Traditional premiums are based on a driver's record, age, and vehicle type—but when a car drives itself, those variables lose relevance. Insurers are starting to shift from personal policies to commercial product liability models, especially for fully autonomous fleet vehicles.

Key developments include:

• Usage-based insurance: Some insurers are exploring policies tied to vehicle behavior and miles driven in autonomous mode.
• Product liability coverage: Manufacturers may need policies that cover software and design defects rather than operator error.
• Litigation support services: Insurers are investing in specialized legal teams familiar with AV accident reconstruction and data interpretation.

What to Do If You're Involved in a Self-Driving Car Accident

If you're injured in a crash involving an autonomous vehicle, the process of seeking compensation can differ from a traditional car accident claim. Here's what to do:

• Document everything: Take photos of the scene, collect contact information, and request access to any vehicle sensor data if possible.
• Seek medical attention: Even if injuries seem minor, a medical evaluation is essential for building a claim.
• Report the incident: File a police report and inform your insurer promptly.
• Consult an attorney: Given the legal complexity of AV accidents, working with a lawyer experienced in emerging technologies can help protect your rights and build a strong case.

Conclusion

While self-driving vehicles have the potential to improve road safety, that promise comes with legal uncertainty. The reality is that these vehicles are still being tested in live traffic conditions, and accidents—though less frequent—raise complicated liability questions. As legislation evolves and case law develops, victims of AV-related crashes will need strong legal advocacy to navigate this uncharted terrain. Whether you were hit by an autonomous taxi or involved in a multi-car crash with a driver-assist vehicle, understanding your rights and knowing where to turn for help is more important than ever.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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