What to Do After a Self-Driving Car Accident

By Injured by Robots

Being involved in a car accident is disorienting and stressful under any circumstances. When the other vehicle was operating on an autonomous driving system, or you were a passenger in a self-driving car that crashed, the situation becomes even more complicated. The technology is new, the legal landscape is evolving, and knowing what steps to take can significantly affect your ability to recover compensation.

This guide walks you through what to do immediately after a self-driving car accident and in the days and weeks that follow.

At the Scene: Immediate Steps

The first moments after an accident are critical, both for your safety and for preserving evidence that may be essential to your legal claim.

1. Check for Injuries and Call 911

Your health is the top priority. Check yourself and any passengers for injuries. Call 911 immediately, even if the accident seems minor. Some injuries, such as concussions, whiplash, and internal bleeding, may not produce symptoms right away. Having paramedics evaluate you at the scene also creates an official medical record tied to the incident.

2. Move to Safety If Possible

If you can do so safely, move out of the roadway to avoid further collisions. Turn on hazard lights and set up flares or warning triangles if available.

3. Do Not Leave the Scene

Leaving the scene of an accident is illegal in every state, regardless of who or what was driving. Stay until law enforcement arrives and you have exchanged information with all involved parties.

4. Exchange Information

Collect the following from all drivers and vehicle owners involved:

  • Full name and contact information
  • Insurance company and policy number
  • Driver’s license number
  • Vehicle make, model, year, and license plate number
  • The name of any company operating the autonomous vehicle (such as Waymo, Zoox, Tesla, etc.)

If the vehicle was a commercial autonomous vehicle operated by a company, note any identifying markings, company logos, or fleet numbers on the vehicle.

Documenting the Scene

Evidence from the scene is especially important in self-driving car accidents because the technology involved may be difficult to examine later.

Photograph and Video Everything

Use your phone to capture:

  • Damage to all vehicles from multiple angles
  • The roadway, including lane markings, traffic signals, and signage
  • Weather and lighting conditions
  • Skid marks or debris on the road
  • The other vehicle’s dashboard or displays if you can safely see any screens showing the autonomous system’s status
  • Any sensors, cameras, or lidar units visible on the autonomous vehicle

Get Witness Information

If bystanders saw the accident, ask for their names and phone numbers. Witness testimony can be invaluable, particularly if they observed the autonomous vehicle behaving erratically before the crash.

Write Down Your Account

As soon as you are able, write a detailed account of what happened. Include the time, location, direction of travel, what you observed about the other vehicle’s behavior, and any statements made by the other driver or company representatives. Memory fades quickly, and a written account made shortly after the event carries significant weight.

Reporting to NHTSA

The National Highway Traffic Safety Administration (NHTSA) tracks crashes involving automated driving systems. Filing a complaint with NHTSA serves two important purposes: it contributes to the public safety record, and it creates an official federal report that may support your legal claim.

You can file a vehicle safety complaint at nhtsa.gov/report-a-safety-problem. Include as much detail as possible about the autonomous system involved, the circumstances of the crash, and any injuries.

NHTSA has issued multiple standing general orders requiring manufacturers and operators of vehicles equipped with automated driving systems to report crashes. Since the agency began collecting this data in 2021, hundreds of crashes involving vehicles with automated driving systems have been reported, and the number continues to grow as autonomous vehicle deployments expand.

For a comprehensive overview of legal issues in autonomous vehicle crashes, visit our page on self-driving car accidents.

Dealing with Insurance After an Autonomous Vehicle Accident

Insurance claims involving self-driving cars are more complex than traditional auto accident claims. Several factors make these cases challenging:

Multiple Insurance Policies May Apply

Depending on the circumstances, claims may involve the personal auto insurance of a human driver, the commercial liability policy of the company operating the autonomous fleet, or the product liability coverage of the vehicle manufacturer. Determining which policies apply and in what order requires careful legal analysis, which we break down in our guide on self-driving car insurance and who pays.

The Insurer May Deny Liability

Companies operating autonomous vehicles often have sophisticated legal teams that respond quickly to minimize liability. You may encounter arguments that the human driver was at fault, that the autonomous system was functioning correctly, or that you contributed to the accident. Understanding who is liable when a self-driving car causes an accident can help you push back on these assertions.

Insurance adjusters may contact you soon after the accident and ask for a recorded statement. Be cautious. Anything you say can be used to minimize your claim. It is generally advisable to consult with an attorney before providing any recorded statement to an insurance company.

Preserving Critical Evidence

Self-driving cars generate enormous amounts of data, including sensor logs, camera footage, lidar point clouds, GPS records, and decision-making logs from the autonomous driving software. This data can reveal exactly what the vehicle’s system detected, how it interpreted the environment, and what decisions it made in the moments before the crash.

However, this data is controlled by the vehicle manufacturer or the operating company, and it may be overwritten or deleted if you do not act quickly. An attorney can send a spoliation letter demanding that the company preserve all data related to the incident. This is one of the most important reasons to seek legal representation promptly.

Finding the Right Lawyer

Not every personal injury attorney has experience with autonomous vehicle accidents. These cases involve a unique intersection of product liability, automotive safety regulations, software engineering, and emerging autonomous vehicle law. When evaluating attorneys, look for:

  • Experience with autonomous vehicle or robotic injury cases
  • Resources to hire expert witnesses in fields like autonomous systems engineering, sensor technology, and accident reconstruction
  • A track record of handling complex product liability claims against large corporations
  • Willingness to take the case on contingency, meaning you pay nothing upfront

If you were injured in a self-driving car accident, get a free case review to connect with an attorney who has the expertise these cases require.

Common Mistakes to Avoid

In the aftermath of a self-driving car accident, some actions can unintentionally harm your claim:

  • Waiting too long to seek medical treatment. Gaps in medical care give insurance companies ammunition to argue your injuries are not serious or were not caused by the accident.
  • Posting about the accident on social media. Insurance companies and defense attorneys routinely monitor social media for posts that can be taken out of context.
  • Accepting a quick settlement offer. Early settlement offers rarely reflect the full value of your claim, especially before the long-term impact of your injuries is known.
  • Failing to preserve evidence. Without prompt action to preserve vehicle data and other evidence, critical information may be lost permanently.

Protecting Your Future

A self-driving car accident can leave you facing mounting medical bills, lost income, and a long road to physical recovery. The companies behind autonomous vehicle technology have the resources to defend themselves aggressively. You deserve an advocate who can level the playing field.

If you or a loved one was hurt in an autonomous vehicle crash, do not wait to explore your legal options. Request a free case review today and take the first step toward holding the responsible parties accountable.

This article is for informational purposes only and does not constitute legal advice. Injured By Robots LLC is not a law firm. Laws vary by state and may have changed since publication. Consult a licensed attorney in your state for advice about your specific situation.

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