Why Are Driverless Cars Bad – The Accident Network

Quick Answer

California is a national leader in autonomous vehicle testing and deployment, with Waymo, Cruise (now suspended), and other AV operators permitted to carry passengers on California public roads under CPUC and DMV oversight. When an autonomous vehicle causes an accident, liability analysis involves the AV manufacturer, the AV operator, the software developer, and potentially the vehicle’s human backup driver (if present). California law applies standard negligence and products liability principles to AV accident cases — but the application is novel and rapidly evolving. Attorney Damoun Yazdi evaluates autonomous vehicle accident claims throughout Southern California.

Key Takeaways

• California DMV regulations (13 CCR Section 227 et seq.) govern autonomous vehicle testing and deployment permits — permit violations may create negligence per se liability against AV operators
• Products liability: When a defect in the AV’s software, sensors, or hardware causes an accident, the manufacturer faces strict products liability under California law independent of any operator negligence
• The human safety driver (if present) may be personally liable if they failed to intervene when required to do so under the AV operating protocol
• AV operators are required to report all accidents involving their vehicles to the California DMV under 13 CCR Section 228.16 — these reports are public records and important evidence
• California’s two-year statute of limitations (CCP Section 335.1) applies to autonomous vehicle accident injury claims

Who Is Liable When a Driverless Car Causes an Accident

The AV manufacturer/software developer: When the AV’s software algorithm, sensor system, mapping data, or hardware caused or contributed to the accident, strict products liability applies. The manufacturer is liable for design defects, manufacturing defects, and failure to warn without regard to fault.\n\nThe AV operator: A company that deploys autonomous vehicles on California roads has a duty to ensure the vehicles are safe, properly maintained, and operated within the parameters of their DMV permit. Violations of CPUC or DMV operating requirements create negligence per se liability.\n\nThe human safety driver (if applicable): Under certain deployment permits, a human backup driver must be present and prepared to take control. A safety driver who fails to take control when an imminent hazard is apparent shares liability for the resulting accident.\n\nOther vehicles: If another driver’s negligence triggered the AV’s failure to navigate safely, the other driver remains liable for their contribution.

How to Document an AV Accident

Report the accident immediately to law enforcement. Photograph the AV, its markings, license plate, and all damage. Note whether a human driver was present. The AV operator is required to file an accident report with the California DMV within 10 days — request this report. Attorney Yazdi immediately requests all DMV accident reports, the AV’s data recorder information, and the operator’s permit documentation.

Contact Accident Network Law Group

Attorney Damoun Yazdi handles personal injury and accident claims throughout Southern California. His team serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and surrounding areas. Free consultations, contingency fee. Se habla espanol.

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.