What Happens When the Other Driver Isn’t Human? Automation and Accidents

Slowly but surely, the vehicles on our roads are being “taken over” by automation. Humans control fewer functions than they used to in nearly every car and truck on the road today. Some vehicles are fully controlled by computers and sensors, with no human intervention at all. In other cars and trucks, drivers are relying on automated functions to handle tasks such as checking blind spots and adjusting speed in traffic.

So when these automated functions fail and cause an accident, what do you do? Who is at fault? Can you seek recovery from the vehicle’s owner? Or is it the fault of the company that created the technology? These types of collisions raise complicated liability issues that involve multiple areas of law. It is helpful to work with an accident attorney who is not only experienced in recovering compensation for car and truck accidents but who also understands product liability lawsuits.

No One Behind the Wheel

Many people are unaware that the California Department of Motor Vehicles issues permits that allow manufacturers of fully automated vehicles to test and operate them on public roads in our state. This includes both light-duty vehicles, such as delivery trucks, and heavy-duty vehicles. The DMV reports that during the one-year period ending November 30, 2025, companies that hold permits to operate fully automated vehicles logged over 9 million miles of operation on California public roads, and nearly half of those miles were completed in vehicles without a safety driver as backup.

What used to be the stuff of science fiction is now a reality in California. Automated vehicles are not yet offered to consumers, but road testing doubled last year, so test vehicles are all over our roads, and the trend is increasing rapidly.

Levels of Automation on California Roads

Even with so many fully automated vehicles logging test miles, obviously, most cars and trucks still operate with a driver behind the wheel. But the driver may not be particularly engaged in driving because automated features have become standard on many vehicles.

Those in the industry rate the level of automation in a vehicle on a scale of 0 to 5.

• At level zero, safety systems operate, but they do not drive the vehicle. Blind-spot sensors that warn drivers of objects behind them, or automatic emergency braking systems, are considered level-zero features.
• At level one, some functions are automated. Adaptive cruise control, which automatically reduces speed as a vehicle approaches the one ahead, and lane-centering, which steers a vehicle back if it crosses the line at the edge of the lane, are examples of level one automation.
• At level two, the level one automated functions are performed for longer or to a greater extent. For instance, adaptive cruise control would not simply reduce speed but would also bring the vehicle to a full stop if appropriate.
• At level three, known as Conditional Driving Automation, the vehicle essentially operates on its own, but the driver is expected to be on standby, ready to take control if necessary.
• At level four, High Driving Automation, no human is required to operate the vehicle, even in emergency situations. Self-driving taxi services with level-four automation are being tested in some areas.
• At level five, Full Driving Automation, the vehicle plans the route and operates without any human intervention, except for choosing a destination.

Most vehicles currently on California roads operate at level 1 or 2. And even though these represent “low” levels of automation, they often encourage drivers to over-rely on their vehicle’s features and neglect the tasks of driving. They don’t turn their heads to check blind spots, for instance, because they expect a light to warn them. They don’t worry about monitoring conditions as closely because they expect the vehicle to slow down or stop automatically if they’re close to an obstacle.

But what happens when these systems fail, and the result is a collision?

Assessing Liability for Car Accidents Involving Automated Vehicles

When a partially automated vehicle, even at level zero, triggers a collision, the legal team representing the vehicle’s owner is likely to insist that the manufacturer is liable because its features were defective and those defects caused the crash. Manufacturers will argue that the driver was at fault. It can be difficult to determine precisely what caused the collision and who is liable for the results.

Computers in vehicles often record crucial information, so it is important to act quickly to preserve it before it is overwritten. It will be important not only to save this information but also to interpret it properly, which may require bringing in technical experts.

If the accident was caused by a defect in the vehicle’s tech systems, the manufacturer of the vehicle or its components could be held liable under product liability. The software developer might also be liable for a defective product.

The fault might also lie with the fleet operator or the remote pilot of the vehicle. Or if a driver was (or should have been) in charge of key functions, the collision could have been caused by driver error. Regardless of which company or individual should be held liable for causing the accident, the legal teams representing those parties will argue that it was the accident victim who was actually at fault, so the accident victim needs to have a skilled attorney fighting for their rights, or they are likely to be overrun by the legal arguments raised against them.

Benjamin Arsenian Understands How to Recover Compensation in Car and Truck Accident Cases and Product Liability Litigation

Since an accident involving a fully or partially autonomous vehicle could involve different theories of legal liability, accident victims will be best positioned to recover when they work with a personal injury attorney experienced in both types of cases. Product liability—proving that injuries were caused by a product defect—applies a standard of strict liability, but it requires extensive technical research and in-depth investigation to obtain the evidence necessary to succeed. 

Evidence is somewhat easier to obtain and analyze in motor vehicle accident cases, but the victim’s attorney must establish that someone’s negligence caused their injuries, which can also be challenging. At the Law Offices of Benjamin Arsenian, we have experience recovering full compensation for victims under both theories of liability. If you were injured in a collision involving a vehicle with any automated driving features, contact us for a free consultation to discuss the recovery options available in your case.