Fully-autonomous vehicles, also known as self-driving cars, can operate without any human intervention (Level 5 autonomy) and as of March 2025, Waymo (previously known as the Google Self-Driving Car Project) offers fully autonomous rideshares in Phoenix, San Francisco, and Los Angeles, with more cities rolling out soon. Additionally, there are numerous “highly autonomous” vehicles (Level 4) in various cities that still require human intervention and are not considered fully-autonomous. As these vehicles become more prevalent on our roadways, accidents are in inevitability. And as with most innovations, legal precedents and statutes do take some time to catch up. If you or a loved one have been injured in an accident with a fully- or semi-autonomous vehicle, you’ll need to be aware of your rights in order to recover compensation for your losses and damages.
As noted, self-driving car accidents remain a legal grey area, as regulations continue to evolve alongside the technology. In some cases, Tesla has temporarily disabled its self-driving features, only to later revise the software and reinstate the technology. Since autonomous driving systems are still being tested and refined, determining liability in these types of cases can be complex and challenging.
If you’ve been involved in an accident, there are several of legal pathways to file a personal injury lawsuit, which include pursuing the vehicle’s manufacturer, the vehicle’s operator, or both. Establishing fault will depend on multiple factors, including the level of automation, the driver’s role, and the specific circumstances of the crash. If the vehicle was operating under partial automation, such as Tesla’s Autopilot or Full Self-Driving, the driver is typically responsible for staying alert and taking control, when necessary.
However, if the accident was caused by a system failure, defective software, or inadequate warnings, the manufacturer may be held accountable under Indiana’s product liability laws. This applies to cases where the vehicle misinterprets road conditions, fails to detect obstacles, or malfunctions unexpectedly. In some instances, liability could extend to third-party suppliers responsible for faulty sensors, mapping errors, or other critical components.
It’s important to note that Indiana follows a Modified Comparative Fault Rule, meaning that in an accident, liability is assigned based on each party’s percentage of fault. In the context of an autonomous vehicle accident, this rule could apply in several ways. As an example, if an Indiana court determines that an autonomous vehicle’s software was 60% responsible for a crash and the human driver was 40% at fault for failing to take control in time, the injured driver could still recover damages, but the total compensation would be reduced by their 40% share of fault. However, if the court finds the driver was 51% or more at fault, they would typically be unable to pursue compensation for the accident.
Because of the complexities that will inevitably be involved in these types of cases, an injury victim must seek the assistance of an experienced personal injury lawyer familiar with the latest laws that apply to self-driving cars and their related technology.
If you’ve been involved in an accident involving a self-driving vehicle in Indiana, contact Hurst Limontes and we will be happy to review your case. Hurst Limontes works on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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