When Self‑Driving Cars Crash: Who’s Liable?

Imagine you are stopped at a red light on Southeast Hawthorne when a sleek electric SUV on “Autopilot” rolls through and smashes your rear bumper. You did everything right. The question that matters now is who must pay for the damage.

Liability in crashes involving self‑driving technology is more tangled than in ordinary car wrecks. The system blends human judgment with sensors, code, and corporate promises so that liability can be distributed among several parties. Sorting that out quickly can make difference between full justice and a lowball settlement.

Why liability gets complicated with autonomous technology

Traditional negligence law asks whether a driver acted reasonably. A vehicle that steers, brakes, and makes lane decisions on its own confounds that test. The driver may have trusted the machine, while the machine may have misread a faded lane or ignored a pedestrian.

Manufacturers market these cars as smarter than people, yet the fine print says the human must stay alert. That tension is now front and center in a headline‑grabbing the 2025 Florida trial against Tesla, the first Autopilot wrongful‑death case to reach a jury.

Key parties that could owe you compensation

Depending on the circumstances, some or all of the following parties might owe you compensation for a self-driving car accident:

• The human driver. A person is usually behind the wheel even when software is active. If that driver was napping or scrolling through texts, their insurer might bear liability.
• The vehicle manufacturer. A defect in cameras, radar, or braking code can trigger a product‑liability claim directly against the automaker.
• The software developer. Some automakers license their code from outside firms. Those companies may share liability when algorithms misfire.
• Parts suppliers. A faulty lidar sensor supplied by a third party can shift blame onto that company.
• Government entities. Malfunctioning traffic signals or missing lane markings sometimes point to municipal liability.

How Oregon’s comparative negligence rules apply

Oregon follows a modified comparative negligence rule with a 51‑percent bar. If you are found less than 51 percent at fault, your share reduces your recovery. Cross the 51% line and you collect nothing.

In self‑driving cases, insurers often argue you should have grabbed the wheel sooner. That makes it vital to build evidence showing the machine, not you, created the danger.

Product liability: when the car itself is defective

Under Oregon’s strict product liability doctrine, a designer, manufacturer, or retailer is responsible when a product is unreasonably unsafe, even if it exercised “all possible care.” That standard applies to autonomous vehicles whose sensors, code, or warnings fail.

Unlike ordinary negligence, strict liability does not require proving the company knew of the defect. You must show only that the defect existed and caused the crash. In complex tech cases, that often means combining engineering experts, black‑box downloads, and company recall data.

What evidence can make or break your claim

Your claim is likely to live or die on  the following evidence:

• Data logs. Most self‑driving cars store second‑by‑second information about various aspects of vehicle operation. Preserving those logs before they are overwritten is mission‑critical.
• Dashcams, nearby storefront cameras, and even doorbell footage can capture the vehicle’s behavior.
• Expert analysis. Engineers can reverse‑engineer the failure of the system, thereby bolstering your claim against deep‑pocket defendants who hire expensive teams of lawyers.
• Medical records. Detailed injury documentation supports damages for medical costs, wage loss, and pain.

Steps to take after a self‑driving car accident

Taking the following steps after a self-driving car accident can drastically improve your odds of eventually receiving full compensation.

1. Call 911 and request police and medical help. Mention any autonomous technology involvement so the officer notes it.
2. Photograph the scene, road markings and every vehicle involved from multiple angles. Include close‑ups of sensors and cameras.
3. Gather witness contacts. Ask if anyone saw the driver distracted or heard system alarms.
4. Seek immediate medical care, even if injuries seem minor.
5. Contact a seasoned car accident lawyer who understands both negligence and product‑liability angles.

Insurance challenges unique to autonomous crashes

Oregon requires drivers to carry $25,000 in bodily injury coverage. Advanced driver‑assistance systems do nothing to raise those low policy limits. When medical bills soar, your car accident lawyers can pursue the deeper pockets of automakers, software vendors, and suppliers.

Manufacturers often bury arbitration clauses in purchase contracts. Do not sign anything from Tesla or another company’s claim desk without speaking to a car accident lawyer first.

Federal and state oversight still evolving

NHTSA investigations into automated‑driving systems are ongoing, and Oregon lawmakers are studying new rules. Because standards keep shifting, early discovery can lock in the software version that hurts you before it is quietly patched.

The absence of clear regulations can strengthen your negligence claim, because in the legal vacuum, juries decide whether the company acted reasonably.

How car accident lawyers build their cases

Seasoned car accident lawyers start by sending evidence preservation letters to every potential defendant, locking in critical data before it is overwritten. They enlist crash reconstruction experts who can animate the collision for a jury and software experts who decode cryptic event logs.

They also commission life‑care plans that project future medical and assistive needs after spinal or brain injuries—figures insurers rarely admit without sustained pressure.

Damages you can pursue

You may recover economic damages such as hospital bills, rehabilitation, future medical care, and lost earnings. You can also seek noneconomic damages for pain, emotional distress, and loss of enjoyment of life. In wrongful‑death cases, families may pursue funeral costs and the value of lost companionship, among other losses.

Punitive damages are rare but possible when a manufacturer knowingly pushes unsafe tech. The current Tesla trial is a reminder that juries may punish companies that treat public roads as beta‑testing labs.

Why experienced representation matters

The companies behind autonomous vehicles hire armies of engineers and defense lawyers. They move fast to spin the story and lock down data. A knowledgeable car accident lawyer can level that field, subpoena log files, and preserve critical evidence before it disappears.

An attorney who understands software defects can also identify every liable party and stack insurers and corporate policies to maximize your recovery. Without that help, you may end up in talks with only the human driver’s insurer, leaving millions of dollars untapped.

Portland juries are tech‑savvy. They appreciate innovation, but they also know that real lives are on the line. Clear, compelling storytelling–backed by hard data–often makes the difference between a token offer and a verdict that secures your future.

Philbrook Law has spent nearly 20 years standing up to insurers for injured people across Oregon and Washington. Their Portland trial lawyers dig into black‑box data and expose hidden defects. If a self‑driving car upended your life, let these tough advocates fight for every dollar you deserve. Contact us today to schedule a free consultation.