Self-driving car accidents are different from every other crash. You may not know who is responsible. The vehicle manufacturer, software developer, fleet operator, and person behind the wheel can all share liability.
These cases are among the most technically complex in personal injury law today—and they require an attorney who understands how California’s product liability laws, comparative fault rules, and AV regulations apply to your specific situation.
Berg Injury Lawyers has been fighting for injured Californians for over 45 years. If you were hurt in a crash involving an autonomous or semi-autonomous vehicle in Fresno, the experienced car accident lawyers at Berg Injury Lawyers can help you understand your options. Contact us to schedule a free consultation.
What Makes Self-Driving Car Accidents Different?
Not every car marketed as “self-driving” operates the same way. The technology exists on a spectrum, and where a vehicle falls on that spectrum changes who may be liable for a crash.
At one end are full self-driving systems—Level 4 and Level 5 vehicles that can operate without any human input in defined conditions. At the other end are driver-assist systems like Tesla Autopilot or GM Super Cruise (Level 2), which automate specific tasks like steering and braking but still require a human to remain alert and ready to take over.
That distinction matters legally. In a crash involving a full autonomous system, the manufacturer or software developer is often the primary liable party. In a crash involving a driver-assist system, the question becomes whether the human driver failed to intervene when they should have, whether the system itself was defective, or both.
There is also the data question. Self-driving vehicles generate continuous sensor logs, GPS data, lidar readings, and software event records. That data can prove exactly what the vehicle was doing at the moment of impact. But it won’t be handed over voluntarily. Acting quickly to preserve it is one of the most important steps you can take after a crash involving an autonomous vehicle.
Who Can Be Held Liable in a Self-Driving Car Crash?
California allows multiple parties to be held liable for the same crash. In a self-driving vehicle case, that list can include:
- The Vehicle Manufacturer: If the AV system had a design defect, a sensor failure, or an unreasonably dangerous feature, the manufacturer can be held strictly liable under California product liability law. You don’t have to prove negligence—only that the vehicle was defective and that the defect caused your injury.
- The Software Developer: AV systems rely on complex algorithms and mapping data. If a software error, faulty object detection, or a mapping mistake caused the crash, the developer of that system may carry independent liability—whether that’s the automaker itself or a third-party technology company.
- The Human Operator: If a human was required to supervise the system and failed to intervene when they should have, they can be held responsible for the resulting crash. This comes up frequently in Tesla Autopilot accidents, where drivers are expected to remain ready to take control.
- A Commercial Fleet Operator: If the self-driving vehicle was deployed commercially—a Waymo One robotaxi, a delivery vehicle, or an Uber or Lyft vehicle in autonomous mode—the operating company may also share liability.
Sorting out who is responsible and in what proportion is one reason these cases benefit from early legal involvement. California’s pure comparative fault rule means that even if more than one party contributed to the crash, each is responsible for their share of the damages.
What to Do After a Self-Driving Car Accident in Fresno
The steps you take immediately after a self-driving car crash can significantly affect your ability to recover compensation. Here’s what to do:
- Call 911. Get police and emergency services to the scene. A police report creates an official record and documents key details about the crash.
- Seek medical care immediately. Even if your injuries don’t seem serious, get checked out. Some injuries don’t present symptoms right away, and a gap in medical care can be used against you later.
- Document everything at the scene. Photograph the vehicles, any visible AV sensors or cameras, the road conditions, and any displays or indicator lights still visible on the dashboard. Note the vehicle’s make, model, and VIN.
- Note whether the AV system was active. Note or photograph any indicators showing whether autopilot or a self-driving mode was engaged at the time of the crash.
- Request the police report. Ask the responding officer for the report number and find out whether the vehicle was operating under a California DMV autonomous vehicle permit.
- Do not give a recorded statement. An insurance company, fleet operator, or manufacturer’s representative may contact you quickly after the crash. Don’t provide a recorded statement without speaking to an attorney first.
- Contact Berg Injury Lawyers. AV companies store data logs that can prove liability, but they are not required to preserve or share them indefinitely. The sooner you have an attorney working on your case, the sooner that evidence can be secured.
California Law and Autonomous Vehicles
California is the country’s leading autonomous vehicle market, and it has a regulatory framework to match. Understanding how that framework applies to your claim matters.
The California DMV issues permits for AV testing and deployment on public roads. The CPUC regulates driverless passenger services. When a permitted AV is involved in a crash, those regulatory records become part of the evidence picture, documenting who was authorized to operate the vehicle, under what conditions, and whether the operator was in compliance.
On the liability side, California’s product liability law is significant. Manufacturers can be held strictly liable when a defective product causes injury. You don’t need to prove the manufacturer was negligent—you just need to prove the product was defective and the defect caused your harm. For AV cases, that can mean a sensor design flaw, a software bug, inadequate testing, or a failure to warn about system limitations.
California is also a pure comparative fault state. If someone was partially at fault for the crash—say, a pedestrian who crossed outside a crosswalk and was hit by a self-driving vehicle—their damages are reduced proportionally. A person who is 30% at fault can still recover 70% of their damages.
An experienced California AV accident attorney can evaluate how all of the above applies to your case.
What Compensation Can You Seek After a Self-Driving Car Crash?
The categories of compensation available in a self-driving car accident claim are the same as in other serious injury cases, but the potential defendants and the scale of available insurance coverage are often much larger. You may be able to seek:
- Medical Expenses: All costs related to your injury, including emergency care, surgery, hospitalization, physical therapy, and any future treatment your condition requires
- Lost Wages and Earning Capacity: Compensation for income you’ve already lost and for any reduction in your ability to earn in the future if your injury has long-term effects
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the crash and your recovery
- Property Damage: Repair or replacement of your vehicle and any personal property damaged in the crash
- Loss of Enjoyment of Life: If your injuries have changed your ability to do things you used to do like work, recreation, and daily activities
In cases involving serious corporate negligence—such as a manufacturer knowingly deploying a defective system—punitive damages may also be available. An attorney can assess whether the facts of your case support that.
Frequently Asked Questions
I was a pedestrian hit by a self-driving car in Fresno. Do I have a claim?
Yes. Pedestrians hit by self-driving vehicles have the same rights as anyone else injured in a car accident, and often have strong product liability claims if the AV system failed to detect or yield to them. California’s pure comparative fault rules may apply if you were crossing outside a crosswalk, but partial fault does not eliminate your claim.
How is fault determined when no human driver was in control?
When no human operator was present or actively controlling the vehicle, fault analysis shifts toward the manufacturer, the software developer, and the fleet operator. Investigators examine the vehicle’s data logs, the AV system’s operational design domain (the conditions it was approved to handle), and whether the system behaved as designed. This is one of the most technically complex areas of the case, and it’s where early evidence preservation is critical.
Does it matter whether the vehicle was in “full self-driving” mode versus a driver-assist mode like Autopilot?
Yes. In a full self-driving deployment, there is no human operator to share fault for a crash. In a driver-assist mode, the human driver is expected to remain engaged and ready to take over, so the analysis includes both whether the system failed and whether the driver failed to intervene before the accident. The vehicle’s mode at the time of the crash is one of the first things we look at.
Talk to a Fresno Self-Driving Car Accident Lawyer
Self-driving car accidents are some of the most technically complex injury cases in California right now. The evidence is often digital, the liable parties are often corporations with significant legal resources, and the law is still evolving.
Getting an experienced attorney involved early makes a real difference—both in preserving the evidence that proves your claim and in understanding a liability landscape that most general practice firms haven’t navigated before.
Berg Injury Lawyers has been handling serious car accident cases across California for over 45 years. We offer free consultations, and if you don’t win, you pay nothing. Contact us today.
