Being hit by a self-driving car puts you in a situation most people have never had to think about. The technology is new, the legal questions are complex, and the company on the other side has lawyers who handle these cases every day. You deserve experienced help, and that’s exactly what the self-driving car accident lawyers at Berg Injury Lawyers provide.
We’ve been fighting for California injury victims for over 45 years. If you or someone you love was injured in a collision involving an autonomous vehicle, our Modesto car accident lawyers can help you determine who’s responsible and what your claim is worth. If you don’t win, you pay nothing. Contact us today to schedule a free consultation.
Who Is Liable in a Self-Driving Car Accident?
This is the question that distinguishes autonomous-vehicle cases from every other type of car-accident claim. In a traditional crash, liability usually comes down to which driver made a mistake. In a self-driving car accident, the answer is often more complicated, as multiple parties may share responsibility.
Depending on what caused the crash, liability may fall on:
- The Vehicle Manufacturer: If faulty hardware (sensors, cameras, radar systems, or braking components) contributed to the collision, the manufacturer may face a products liability claim.
- The Software Developer or AI System Provider: If the vehicle’s autonomous driving software made a bad decision and that decision caused your injury, the company behind the software may be responsible.
- The Operator or Fleet Company: Some autonomous vehicles are deployed and managed by companies rather than individual owners. If the operator failed to maintain the vehicle properly, or if a human minder had the ability to intervene and didn’t, they may share liability.
- A Third-Party Driver: If another driver’s actions caused the autonomous vehicle to react in a way that led to the crash, that driver may still be at fault.
California allows you to bring claims against multiple defendants at once. An experienced attorney can investigate every potential source of liability and build a claim that accounts for all of them.
Self-Driving Car Claims vs. Traditional Car Accident Claims
If you’ve been through a car accident before, an autonomous vehicle case will feel different in a few important ways.
The Evidence Is Different
A standard auto accident relies on police reports, witness statements, photos, and maybe dashcam footage. In an AV crash, the most important evidence often lives inside the vehicle itself: event data recorder (EDR) logs, autonomous mode status at the moment of impact, sensor data, and software version history.
That data can be overwritten. Getting a lawyer involved quickly, who can issue a legal hold notice requiring the company to preserve evidence, can be the foundation of a strong claim.
The Opposing Side Is Different
You’re not dealing with an individual driver and their insurance adjuster. You’re dealing with a corporation that has in-house legal teams and resources dedicated to defending these claims. That doesn’t mean you can’t win. It means the experience of the attorney you hire matters.
The Insurance Structure Is Different
AV manufacturers often carry commercial liability policies separate from standard auto coverage. Understanding which policies apply and how they interact is a significant part of building a complete claim.
California Law and Autonomous Vehicles
California has been regulating self-driving technology longer than most states, which means there’s a legal framework for these cases, even if the law is still developing.
A few things worth knowing include:
- DMV Permits and Reporting: Under California Vehicle Code § 38750, companies operating autonomous vehicles on public roads must hold a DMV permit. They’re also required to report accidents to the DMV, which may create a record of prior incidents involving the same vehicle or fleet.
- Mandatory Insurance: AV manufacturers and operators must carry substantial liability coverage before deploying vehicles on California roads. That coverage is a potential source of compensation for people they injure.
- Federal Oversight: The National Highway Traffic Safety Administration (NHTSA) monitors autonomous vehicle safety at the federal level and may investigate serious crashes. Federal regulatory records can be relevant in a civil claim.
- Product Liability (Strict Liability): This means a company can be held legally responsible for injuries caused by a defective product, including a vehicle or the software controlling it. You don’t have to prove the company was careless. You only need to show that the product was defective, and your injury resulted from that defect.
- Pure Comparative Fault: California allows you to recover compensation even if you were partially responsible for what happened. Your recovery is reduced by your share of fault, but it isn’t eliminated. A driver who was 20% at fault can still recover 80% of their damages.
Pedestrians and Cyclists Struck by Autonomous Vehicles
You don’t have to be inside a vehicle to have a claim. If you were walking, riding a bike, or otherwise outside when an autonomous vehicle struck you, California law entitles you to pursue compensation.
The challenge is still gaining access to evidence. Proving what the AV’s sensors detected or failed to detect requires the vehicle’s internal data logs, which are controlled by the company that built or operates the car. Without legal representation, getting that information through discovery is difficult. With it, it’s standard practice.
If you were hit by a self-driving car in or around Modesto, don’t sign anything or accept a settlement offer from the company before speaking with a car accident attorney. Early offers rarely reflect the full value of a claim, especially when ongoing medical costs, lost income, and long-term impacts haven’t yet been fully assessed.
How to Prove a Self-Driving Car Was in Autonomous Mode
Whether the vehicle was operating autonomously at the moment of the crash often determines who is liable. Attorneys look at the following to determine responsibility:
- Event Data Recorder (EDR) and Telematics Logs: AV systems generate continuous logs of vehicle status, speed, steering inputs, and mode settings. These records show exactly what the vehicle was doing in the seconds before impact.
- Manufacturer Data Logs: Beyond the EDR, AV companies often maintain server-side logs of vehicle behavior. These can show what the autonomous system perceived, the decisions it made, and whether a human operator could have or did intervene.
- Camera and Sensor Footage: Many AVs continuously record exterior video. This footage can confirm the vehicle’s behavior leading up to the crash.
- Witness Accounts: People who observed the vehicle before impact may be able to describe behavior consistent with autonomous operation (no visible steering inputs, no apparent driver reaction).
- California DMV Incident Reports: AV permit holders must report accidents to the DMV. Prior reports involving the same vehicle or company can establish a pattern.
Most of these different types of evidence don’t last forever. Our attorneys can act quickly to send preservation notices and take other steps to help ensure critical data isn’t lost before your claim can be properly investigated.
Frequently Asked Questions
What Should I Do Immediately After Being Hit by a Self-Driving Car in Modesto?
Call 911, seek medical attention, and document the scene with photos, video, and witness contact information. Note whether the vehicle appeared to be operating without active human control. Then contact an attorney before speaking with anyone from the company. Vehicle data can be overwritten quickly, and early legal action can help preserve the evidence that matters most to your claim.
What if the Self-Driving Car Was Being Tested When It Caused My Accident?
Companies testing autonomous vehicles on California roads are required to hold a DMV permit and carry liability coverage. If you were injured by a vehicle in a testing phase, the same legal principles apply. The company’s testing records, prior incident history, and DMV filings may all be relevant to your claim.
Free Consultation With a Modesto Self-Driving Car Accident Lawyer
Self-driving car accidents are genuinely new legal territory. You shouldn’t be trying to navigate that alone.
Berg Injury Lawyers has fought for California injury victims for over 45 years. We understand California auto accident law and are equipped to handle the additional complexity of autonomous-vehicle cases. Consultations are always free, and if you don’t win, you pay nothing.
Contact us today. We’re ready to help you fight for the compensation you deserve.