Self-Driving Car Accidents: Tesla Autopilot, Waymo & Autonomous Vehicles

You got hit by a car that was driving itself. Who do you sue?

In a regular car accident, a driver is usually held liable. In cases involving autonomous vehicles, the legal landscape is more complicated because multiple parties may share responsibility.

The AV Company or Vehicle Manufacturer

In cases involving fully autonomous vehicles (AVs), such as Alphabet's Waymo, Amazon's Zoox, and others, the company that manufactured the vehicle may be held liable if their vehicle or system had a defect that contributed to, or caused the accident. It doesn't matter if this defect was in the mechanical parts, electronic parts, or the software that they created.

The Software Developer

In some cases, if the software was made by a third party, the company that created the software may be held liable even if they did not manufacture or directly operate the car. Software bugs, inadequate testing, and flawed algorithms are all potential grounds for liability.

The Vehicle Owner or Driver

When it comes to cars with self-driving features that still have a driver (Tesla Autopilot/FSD, Mercedes-Benz Drive Pilot, etc.), sometimes the vehicle owner or driver may still be held either fully or partially liable even if their car was in "self-drive" mode. Being inattentive at the wheel or otherwise misusing the system are the main reasons that a driver may share liability.

Companies such as Waymo, Tesla, Zoox, etc. have huge commercial insurance policies that claims can be filed against. If a driver is at fault and has insurance, a claim can be filed against their insurance too. If multiple parties are liable for an accident, having an experienced lawyer investigate a case is key to making sure that claims are filed against every responsible party. This is the way to maximize potential compensation for damages. A free case review can help you understand who may be liable in your situation.

Types of Self-Driving Car Incidents

Collisions are not the only concern when it comes to autonomous vehicles. If you were in any autonomous vehicle incident that caused you injury, you should speak with an attorney to see if you have a case. Common incidents include:

• Direct collisions: A self-driving car strikes a pedestrian, cyclist, or another vehicle due to sensor failure, software error, or inadequate obstacle detection.
• Phantom braking: The car brakes randomly at high speeds, causing whiplash, concussions, and chest trauma from the seatbelt to occupants or rear-end collisions with following vehicles.
• Failure to stop or yield: The autonomous system fails to recognize traffic signals, stop signs, or pedestrians in crosswalks.
• Unexpected lane changes or turns: Erratic navigation decisions force other drivers into dangerous maneuvers, causing secondary collisions.
• Passenger injuries in robotaxis: Passengers inside driverless taxis can be injured when the vehicle makes sudden stops, takes evasive action, or is involved in a crash with no human driver to intervene.

October 2023 Cruise Incident (Subsidiary of GM, General Motors)

Somewhere between $8 million and $12 million was the settlement paid to a woman who, after being struck by a separate hit-and-run driver, was dragged approximately 20 feet by a Cruise robotaxi on October 2, 2023, in downtown San Francisco. The Cruise vehicle failed to detect that she was trapped under the car. Following this incident and the resulting investigations, GM fully shut down the Cruise robotaxi business in December 2024 and absorbed its technology into GM's driver-assistance programs. (Sources: GM News, SF Standard)

Tesla's $243 million Autopilot verdict

A jury ordered Tesla to pay $243 million after finding the company partially liable in a 2019 crash in which Autopilot was involved. A 22-year-old woman was killed in the accident and her boyfriend was severely injured. The driver had become distracted by his phone which he had dropped and assumed that the Autopilot would brake if an obstacle was in the way. His car instead drove through an intersection at over 60 miles per hour, struck a parked SUV, and hit the victims who were standing next to it. The jury assigned 33% of the blame to Tesla for misrepresenting Autopilot's ability to drive autonomously. A judge upheld the verdict in February 2026. (Source: CNBC)

What should I do if a self-driving car hits me?

You should call 911 and seek treatment for any injuries, even if they don't seem serious. If a driver was at the wheel, exchange insurance information as you normally would, and note whether the car was in self-drive mode. Take photos and videos of the scene of the crash, making sure to document the make and model of the car, license plate, and any logos that are on it, such as Waymo (which primarily uses Jaguar I-PACE vehicles). If there were witnesses, be sure to get their contact information and file a police report. Consult with an attorney as soon as possible, and do not speak to insurance companies until you talk to the attorney about it.

Types of Compensation for Self-Driving Car Accident Injuries

If you were injured in a self-driving car accident, you may be entitled to recover several categories of damages. Because AV companies carry large commercial insurance policies, the potential compensation can be significant:

• Medical expenses: Full coverage for all past and future medical treatment, including emergency care, surgeries, hospital stays, physical therapy, rehabilitation, and prescription medications.
• Lost wages and earning capacity: Compensation for income lost due to your injury, as well as any long-term reduction in your ability to earn a living.
• Pain and suffering: Non-economic damages for physical pain, emotional distress, anxiety, PTSD, and reduced quality of life resulting from the accident.
• Property damage: Repair or replacement costs for your vehicle, bicycle, or other personal property damaged in the accident.
• Disfigurement and permanent disability: Additional compensation for lasting injuries such as scarring, broken bones, spinal cord damage, or permanent mobility limitations.
• Punitive damages: If the AV company knowingly deployed unsafe technology or concealed known defects, punitive damages may be available to punish the wrongdoer.
• Wrongful death: If a loved one was killed in an autonomous vehicle accident, surviving family members may file a wrongful death claim for funeral expenses, loss of financial support, and loss of companionship.

Every self-driving car accident case is unique, and the value of your claim depends on many factors. A free case evaluation can help you understand the full scope of compensation you may be entitled to receive.