What to Do If You're Hit by a Self-Driving Car

Where are self-driving cars on the road?

The legality of self-driving cars in the U.S. is murky as states have different laws regarding their use. 

There is also a wide range of different levels of autonomous driving. Level 4 and 5 allow a vehicle to operate without a human operator in the driver's seat, which are the focus of this article. A number of companies are currently using these vehicles on public roads. 

Waymo, owned by Alphabet, has been dominating the self-driving robotaxis industry. As of 2024, over 700 autonomous vehicles are operating in San Francisco, Los Angeles, Phoenix, Austin and Atlanta.^[1]

Cruise, owned by General Motors, is also piloting full autonomous vehicles in Phoenix, Houston and Austin. These vehicles were reintroduced after Cruise initially had self-driving cars in San Fransisco, but an accident that led to a pedestrian being dragged for 20 feet meant they lost their ability to operate in California.^[2] 

There are a number of robotaxi companies testing or soon-to-release self-driving cars in U.S. cities, including Zoox, Mobileye, May Mobility, and Nexar. The latter three have recently partnered with rideshare company Lyft.^[3] 

If you live in one of these cities, you have likely seen one of these vehicles on the go. But what happens if one hits you, whether on foot or in another vehicle?

Who is at fault in accidents with self-driving cars?

According to crash-test data provided by Waymo, driverless cars are between four to seven times less likely to get into an injury-causing crash than a human-driven vehicle.^[4]That said, accidents still happen. Since 2019, there have been a total of 3,979 reported accidents involving autonomous vehicles.^[5]

Determining fault in an accident involving a self-driving car depends on multiple factors, including the level of automation, the circumstances of the incident and applicable laws. In many cases, the manufacturer or the company operating the vehicle may be held liable if a malfunction or design flaw caused the accident.

• Manufacturer liability: If the self-driving system's failure—such as a software or hardware malfunction—led to the collision, the manufacturer may be at fault. This is covered under product liability law.
• Operator liability: For semi-autonomous vehicles in which a human driver is required to monitor the road, the driver may share or bear full responsibility if they fail to intervene in time.
• Third parties: External factors such as road conditions, other drivers, or even cyberattacks could shift the blame to parties beyond the vehicle manufacturer or operator.
• The other driver: If you were at fault through some negligence or error (say, illegally turning in front of the self-driving car and it being unable to stop in time), you would still be the at-fault driver, even if there were no other drivers present.

What to do if you are hit

So what should you do? Most of your actions should be the same as if you were in an accident with another human-driven vehicle.  

1. Ensure your safety: If possible, move to a safe location and stay out of harm’s way.
2. Call emergency services: Dial 911 to report the accident and get medical assistance for any injuries.
3. Document the scene: Take photos and videos of the accident scene, vehicle and any injuries. Note the make, model, and license plate of the self-driving car. Record witness accounts and gather their contact information.
4. Get vehicle information: Identify the company responsible for the self-driving vehicle. This may include an operator or the technology company running the self-driving program.
5. Seek medical attention: Even if injuries appear minor, getting checked out is important, as some issues may surface later.
6. Notify your insurance: Inform your insurance company about the incident as soon as possible to start the claims process. Provide all your documentation.

Legal considerations and seeking help

When involved in an accident with a self-driving car, it’s crucial to understand your rights. Self-driving technology is still evolving, and so are the laws regulating it. This means navigating claims and lawsuits can be complicated.

• Consult with a lawyer: Seek legal advice from an attorney specializing in personal injury or product liability. They can help determine fault and guide you through filing claims.
• File a police report: A formal report will be essential for any legal or insurance claims.
• Understand local laws: Regulations regarding autonomous vehicles vary by state and country, impacting how fault is determined and how claims are handled.

Wrapping up

Accidents involving self-driving cars can be complex, with liability potentially shared between multiple parties. By knowing what to do and acting swiftly, you can protect your rights and ensure you receive any compensation or assistance you may be entitled to. The evolving landscape of autonomous vehicles continues to pose new legal and ethical questions, making it important to stay informed and prepared. Stay safe out there!