Driverless cars aren’t coming. They’re already here.
You know they’re here because they’re driving around your town right now.
…but when one of them causes a crash.
…that’s where things get tricky.
Insurance companies, judges, and lawmakers have zero idea who’s liable. The person in the driver’s seat? The manufacturer? The developer?
Try explaining that to an insurance company while they’re:
Lowballing your settlement.
Delaying your claim.
Refusing to pay what you’re owed.
Accident victims are getting left behind because the law hasn’t caught up to driverless car technology.
And the reality is this:
The ONLY thing that has stayed consistent about auto accidents is how clueless the law is.
Instead of fitting neatly into the existing driver liability framework, autonomous vehicles create a host of confusing legal questions.
Until the law sorts itself out, you NEED to know what you’re up against if you’re involved in a driverless car accident. Not knowing could cost you just as much as making common mistakes that can ruin an Arkansas personal injury claim — the difference here is that the legalities are MUCH murkier.
Here’s what you’ll learn:
- Why Liability Is So Complicated With Driverless Cars
- The Insurance Problem Nobody Is Talking About
- Who Can Be Held Responsible In A Driverless Car Crash
- What Accident Victims Should Do Right Now
Why Liability Is So Complicated With Driverless Cars
You know how traditional car accidents are fairly cut-and-dry when determining fault? Someone ran a stop sign. Someone was texting. Someone was driving drunk.
Driverless cars turn that simplicity on its head.
The “driver” is a piece of software. Software doesn’t have a drivers license. Software doesn’t have insurance. And software can’t be negligent.
So…who do you sue?
According to National Highway Traffic Safety Administration crash reporting guidelines, there have been 5,202 autonomous vehicle incidents reported in America as of late 2025. And NHTSA stats only account for crashes where a self-driving system was “operational” at the time. Those numbers will continue to grow as more companies integrate autonomous tech into their vehicles.
Yet the federal government hasn’t issued a uniform nationwide standard for determining fault when an automated driving system is involved in a crash. States have adopted their own standards, with some leaning in and others avoiding the issue entirely.
This leaves victims fighting a confusing legal battle that could change based on what side of the state line the accident happened.
The Insurance Problem Nobody Is Talking About
Here’s the real problem most people don’t see…
Insurance companies are exploiting this lack of driverless car liability standards. Like traditional auto insurance, the underlying theory is that the person driving the car is responsible.
And if there’s no person…
Insurance companies can shift blame to the manufacturer or developer.
Insurance companies do this all the time.
In lieu of paying out a claim, insurers can take their sweet time arguing over who was “in control” of the vehicle. Was it the human inside? Did the sensors fail? Did the car’s software make the wrong decision? Did the occupant ignore the request to take control?
It’s every insurance company settlement tactic on pedal racing but applied to driverless cars.
And because autonomous vehicles use expensive sensors and cameras, repairs costs can be much higher than your average car crash.
Who Can Be Held Responsible In A Driverless Car Crash
If a computer’s driving, who’s liable?
Potentially everyone involved.
Who’s on the hook if a driverless car crashes? It depends on the circumstances. But most accidents will fall into one of these categories:
- The vehicle manufacturer. If there was some defect in the vehicle that caused or contributed to the crash.
- The software developer. If the vehicle’s autonomous driving system made a bad decision or failed to respond to road conditions.
- The human driver. If they were supposed to be monitoring the automated system and failed to take over the vehicle.
- The fleet owner. Businesses who operate fleets of driverless vehicles (think robotaxis) can be liable for negligent operation.
According to research, fully driverless cars are involved in more crashes than vehicles with driver-assist features as of early 2025. As that number grows, lawmakers and courts will be forced to decide on some standardized regulations.
The problem is they haven’t yet.
Instead of traditional negligence, most auto accidents with autonomous vehicles will look a lot like product liability cases. When the “driver” makes the wrong decision, it’s no longer human error. It’s a defective product.
That means anything that would normally apply to product liability claims will also apply to driverless car accidents. Stronger burdens of proof, expert witnesses, complex technical analysis, etc.
Product liability cases are notoriously expensive. They take years to play out in court. They’re designed to pit everyday people against corporations with endless resources. And that puts accident victims at a huge disadvantage.
What Accident Victims Should Do Right Now
Lawyers love to say you should always consult an attorney. But this is one of those times where it’s absolutely true.
Until the law catches up, anyone involved in a driverless vehicle accident needs to know their rights.
Here are a few things you can do TODAY to protect yourself:
First, document everything.
If you’re in a crash with an autonomous vehicle, take photos of the scene. Photos of the vehicle. Any damage. And screenshots of any screens inside the car that might show what “mode” it was in at the time of the crash.
This is important evidence when multiple parties are going to try to shift blame onto you.
Second, don’t accept the first settlement offer.
Insurance companies are counting on people not knowing the law on driverless cars. They’ll offer you a “quick settlement” that’s WAY below what you should be paid. That way, they don’t have to deal with uncertainty while liability standards are still being defined.
But quick settlements almost always favour the insurance company. If they offer to pay you, there’s a reason.
And that brings up the last point.
Talk to a lawyer. Auto accidents involving driverless cars are complex. They require an understanding of software, product liability law, corporate defendants, and state-specific regulations.
So get a lawyer who knows what they’re doing.
Until then…
Don’t forget that your entire crash falls on you to prove.
Driverless cars might make accidents easier to avoid. But they don’t make it any easier to prove who’s at fault.
And that’s every insurance company’s favourite dirty secret.
The Bottom Line
Driverless cars have arrived.
They’re already causing accidents. They’re already confusing victims and insurance companies.
But the law? It’s never been this uncertain about who’s liable.
Insurance companies know it too. When liability standards are in question, insurance companies win.
You don’t.