As more vehicles on Indiana roads come equipped with advanced driver-assistance features and autonomous driving technology, a new and confusing question has emerged after a crash: who’s actually responsible when the car itself was doing some or all of the driving? Unlike a typical two-driver accident, these cases can involve the vehicle’s owner, the manufacturer, and even the company that built the software behind the wheel.
This article breaks down how fault is generally determined in a self-driving or partially autonomous vehicle crash, and what that means if you or a loved one has been injured in one.
How Is Fault Determined in a Self-Driving Car Accident?
At Stewart & Stewart Attorneys, we’re increasingly asked by injured Indiana drivers and passengers how liability works when a crash involves a vehicle with autonomous or semi-autonomous features. The honest answer is that it depends heavily on what the vehicle was doing at the moment of the crash, and who or what was actually in control.
Self-driving and driver-assist technology exists on a spectrum. Some vehicles offer features like adaptive cruise control or lane-keeping assistance, which still require the human driver to remain attentive and ready to take over. Others are designed to handle most or all driving tasks under certain conditions, with the human serving more as a supervisor. Where a specific vehicle falls on that spectrum matters a great deal in determining who may be at fault after a crash.
Who Can Be Held Responsible After a Self-Driving Car Crash?
Depending on the circumstances, liability after a crash involving autonomous technology may fall on one or more of the following parties:
- The human driver or operator, if they were expected to monitor the vehicle or take control and failed to do so, were distracted, or otherwise acted negligently
- The vehicle manufacturer, if a defect in the vehicle’s design or manufacturing contributed to the crash
- The software or technology developer, if the autonomous driving system itself malfunctioned, misread its surroundings, or failed to respond appropriately
- Another driver, if a traditional human-operated vehicle caused or contributed to the crash, regardless of the other vehicle’s technology
In many cases, more than one of these parties may share responsibility. A thorough investigation, including a review of the vehicle’s onboard data, sensor logs, and any available event data recorder information, is often necessary to understand exactly what happened in the moments before the crash.
Does Indiana Law Treat Self-Driving Car Crashes Differently?
Indiana’s general negligence and product liability laws still form the foundation for these cases. If a human driver’s negligence contributed to the crash, Indiana’s modified comparative fault rule, found in Indiana Code § 34-51-2-6, applies. Under this rule, an injured person can recover damages as long as they were not more than 50% at fault for the crash, though their compensation is reduced by their own percentage of fault.
In Indiana, product liability claims are governed by the Indiana Product Liability Act, found in Indiana Code Article 34, Chapter 20. Under Indiana Code § 34-20-3-1, claims generally must be filed within two years of when the injury was discovered or reasonably should have been discovered. However, the same statute also generally sets an outer limit of ten years from the date the product was first delivered to its initial user or consumer, regardless of when the injury was discovered, with a narrow exception that may extend the filing window for injuries that occur later within those ten years.
Because autonomous vehicle defects can take years to develop or be diagnosed, this outer time limit can matter just as much as the two-year discovery rule, and it’s important to have your specific timeline reviewed by an Indiana personal injury lawyer rather than assuming the two-year clock is the only deadline that applies.
What Should I Do After a Self-Driving Car Accident?
If you’ve been involved in a crash with a vehicle that has autonomous or driver-assist features, whether you were driving, a passenger, or in another vehicle, there are steps that can help protect your claim:
- Seek medical attention right away, even if injuries seem minor at first.
- Report the accident to law enforcement and make sure the police report notes that autonomous or driver-assist technology may have been in use.
- Avoid discussing fault or technology details with insurance adjusters before speaking with an attorney, since these statements can be used against you later.
- Preserve evidence quickly. Vehicle data logs and camera footage related to autonomous systems can be overwritten or become harder to obtain over time.
- Consult an attorney as soon as possible to help identify every party who may share responsibility for the crash.
These cases move quickly, and evidence tied to a vehicle’s autonomous systems doesn’t always stay available for long. Contact Stewart & Stewart Attorneys to schedule a free consultation and get help preserving the evidence your case may need.
How Stewart & Stewart Can Help
Crashes involving autonomous or semi-autonomous vehicles are among the most complex personal injury cases to investigate, often requiring technical evidence that goes well beyond a standard police report.
As experienced auto accident lawyers in Indiana, our team knows how to dig into vehicle data, coordinate with accident reconstruction experts, and identify every party who may be responsible for what happened.
When you work with Stewart & Stewart, we will:
- Investigate whether the vehicle’s autonomous or driver-assist system played a role in the crash
- Identify all potentially liable parties, including drivers, manufacturers, and software developers
- Help preserve critical evidence before it’s lost or overwritten
- Handle communication with insurance companies and opposing parties on your behalf
Technology may be changing how crashes happen, but your right to fair compensation after an injury hasn’t changed at all.
If you were injured by a vehicle defect unrelated to autonomous technology, our article on defective vehicle parts and injuries covers how those claims are evaluated. If your crash involved a rideshare vehicle using driver-assist features, our guide on rideshare accident liability in Indiana may also be helpful. And if you’re trying to understand how fault is split when multiple vehicles are involved, our overview of comparative fault in Indiana accident cases explains that process in more detail.
Talk to Us About Your Accident
You don’t have to untangle the technology and the legal questions on your own. Whether your crash involved a fully autonomous vehicle, a car with driver-assist features, or you’re simply not sure what role the technology played, our team is ready to investigate and help you understand your options. Call Stewart & Stewart Attorneys at (317) 983-5915 or visit getstewart.com for a free consultation.
Frequently Asked Questions
Who is liable if a self-driving car causes an accident?
Liability can fall on the human driver or operator, the vehicle manufacturer, the software developer behind the autonomous system, another driver, or some combination of these parties, depending on what caused the crash and what the vehicle’s technology was doing at the time.
Does Indiana’s comparative fault rule apply to self-driving car accidents?
Yes. If a human driver’s negligence contributed to the crash, Indiana’s modified comparative fault rule generally applies, allowing an injured person to recover damages as long as they were not more than 50% at fault, with compensation reduced by their share of fault.
What evidence is important in a self-driving car crash case?
Vehicle data logs, sensor and camera footage, event data recorder information, and the police report are all important pieces of evidence. This data can help determine whether the autonomous system, the human operator, or another factor caused the crash.
Can I sue the manufacturer of a self-driving car after a crash?
If a defect in the vehicle’s design, manufacturing, or autonomous driving software contributed to your crash, you may have a product liability claim against the manufacturer in addition to, or instead of, a claim against a human driver.
How long do I have to file a claim after a self-driving car accident in Indiana?
Standard personal injury claims in Indiana generally must be filed within two years of the accident. If your claim involves a defective vehicle or software system, different timing rules under Indiana’s product liability law may also apply, so it’s important to speak with an attorney promptly.