Every year, tens of thousands of people die on American roads. According to the National Highway Traffic Safety Administration (NHTSA) 2022 report, there were 42,795 traffic fatalities in the U.S. alone. Since 94% of traffic accidents are caused by human error, the promise of self driving cars is obvious: remove the flawed human, save lives. But recent autonomous vehicle incidents in San Francisco and Tempe, Arizona remind us that the tradeoffs are far from simple.
In this article, we’ll go over the pros and cons of self-driving cars and how these issues can affect personal injury claims.
Quick Answer: Pros and Cons of Self-Driving Cars
While self-driving cars may eventually reduce certain types of accidents, the technology also creates new legal questions after a crash. If an autonomous vehicle, robotaxi, or car with driver-assistance features causes an injury, the claim may involve more than a negligent driver. The vehicle manufacturer, software developer, fleet operator, maintenance provider, or another third party may also need to be investigated.
What Is a Self-Driving Car?
A self-driving car is a vehicle equipped with technology designed to perform some or all driving tasks without direct human control. These systems may use cameras, radar, lidar, GPS, sensors, onboard computers, and artificial intelligence to detect traffic, read road conditions, identify pedestrians, and make driving decisions. While there has been significant improvements in performance, most current systems still require a person to intervene in emergencies.
Are There Different Levels of Automated Cars?
The global standard for classifying these automated car is outlined in the SAE J3016 taxonomy, which defines six levels:
- Levels 0–1: No automation or basic driver assistance (cruise control, lane keeping). The driver does nearly everything.
- Level 2: Partial automation. The car handles steering and speed in certain conditions, but the driver must stay attentive.
- Level 3: Conditional automation. The system drives and monitors the environment, but the driver must be ready to take over on request.
- Level 4: High automation. The vehicle handles all driving in defined areas or conditions. Waymo’s robotaxis in Las Vegas, San Francisco, and Los Angeles operate at or near this level.
- Level 5: Full automation. No steering wheel needed, no human intervention, any road, any condition. This does not exist in public deployment today.
Pros of Self-Driving Cars
Self-driving technology has potential benefits, especially if the systems are safely designed, properly tested, and used in the right conditions.
1. Reduced Human Error
One of the biggest arguments in favor of autonomous vehicles is that they may reduce crashes caused by human mistakes. Automated systems do not get drunk, text behind the wheel, fall asleep, or become distracted by a phone. In fact, a well-designed system may react quickly to hazards, maintain safer following distances, and monitor surrounding traffic more consistently than a careless human driver.
That said, automation does not eliminate all risk, because sensors can fail, software can misread situations, road conditions can confuse the system, and human drivers may overtrust features that are not designed to replace them.
2. Better Mobility for People Who Cannot Drive
Self-driving cars could create more transportation options for people who cannot safely or legally drive. This may include older adults, people with certain disabilities, people with vision limitations, and individuals who rely on others for transportation.
The Urban Institute has discussed how autonomous vehicles could eventually be designed with more accessible interiors, including wider doors, flat floors, and layouts that better accommodate mobility devices.
If deployed safely and affordably, these vehicles could help older people and those with disabilities get to medical appointments, work, school, grocery stores, and social activities without depending entirely on family members, public transit, or rideshare drivers.
3. Potential Traffic and Efficiency Improvements
Autonomous vehicles may eventually improve traffic flow by reducing sudden braking, maintaining consistent speeds, and communicating with other vehicles or infrastructure. In theory, this could reduce stop-and-go congestion, lower fuel use, and make certain routes more efficient.
Vehicle automation may also help companies like Ubereats and Amazon with their commercial fleets by optimizing delivery routes, reduce idle time, and improve scheduling. However, these benefits will depend entirely on how the technology is used.
4. Possible Environmental Benefits
The environmental impact of self-driving cars depends heavily on how they are powered and deployed. Many autonomous vehicles are electric, which can reduce tailpipe emissions compared to gasoline-powered vehicles.
As Earth.Org notes, autonomous electric vehicles may provide stronger environmental benefits when charged with cleaner energy sources. However, their environmental impact depends on battery production, vehicle weight, energy use, and the source of electricity used for charging.
5. More Useful Crash Data
Self-driving and driver-assistance systems may generate detailed information about what happened before a collision. From a personal injury perspective, this data can be extremely important, because it may help prove whether the vehicle detected a pedestrian, whether the driver ignored a warning, whether the automated system disengaged, or whether a defect contributed to the crash.
California law also addresses autonomous vehicle data in California Vehicle Code § 38750, which includes requirements related to autonomous technology, safety mechanisms, and data capture before a collision.
Cons of Self-Driving Cars
Self-driving vehicles may offer benefits, but they also create risks that injured people, regulators, and courts are still working through.
1. Safety Is Still Developing
Autonomous vehicles can perform well in some conditions but struggle in others such as construction zones, days with bad weather, and areas with unusual pedestrian behavior. This is one reason testing and reporting are so important, because the California DMV publishes information about autonomous vehicle regulations, testing permits, and collision reports.
Additionally, the NHTSA monitors certain crashes involving automated driving systems and Level 2 driver-assistance systems through its Standing General Order. For injury victims, the concern is simple: if a vehicle’s software, sensors, or human backup driver failed at the wrong moment, the crash investigation may be more complicated than a standard car accident claim.
2. Drivers May Overtrust the Technology
Many crashes involving advanced driver-assistance systems raise a recurring issue where the human driver thought the car could do more than it actually could. Level 2 systems can assist with steering and speed, but they do not make the vehicle fully self-driving.
In such scenarios, the driver must remain engaged and ready to take over and if a driver looks away, falls asleep, or assumes the car will handle everything, they may still be liable for the crash. This issue is especially important because if the marketing around self-driving cars creates confusion, car manufacturers may be held liable.
3. High Costs and Unequal Access
Autonomous vehicles and advanced driver-assistance systems can be expensive to develop, insure, maintain, and repair. Additionally, if self-driving technology is only available in wealthier neighborhoods or through expensive subscription models, the benefits may not reach the people who need transportation options most.
This matters from a public safety standpoint because the rollout of autonomous vehicles should not create a two-tier transportation system where some communities receive safer technology while others are left with higher-risk roads and fewer mobility options.
4. Cybersecurity and Data Privacy Risks
Self-driving vehicles rely on software, sensors, connectivity, mapping data, and communications systems. A cyberattack could potentially interfere with vehicle systems, disable safety features, or compromise personal information.
Even when there is no hacking, data privacy can still matter. A self-driving vehicle may collect large amounts of information about routes, passengers, surroundings, and driving behavior. After a crash, some of that data may become evidence, but companies may also claim parts of it are proprietary or confidential.
5. Liability Can Be Complicated
In a normal car accident, fault usually focuses on the drivers, but in a self-driving car accident, several parties may be involved from the autonomous vehicle operator, the vehicle manufacturer, the software developer, and even the robotaxi company.
This can make the claim harder to investigate, because the injured person may need vehicle data, software information, maintenance history, internal company records, video footage, and expert analysis to determine what went wrong.
Who Is Liable in a Self-Driving Car Accident?
Liability in a self-driving car accident will entirely depend on what caused the crash. If a human driver failed to monitor a Level 2 driver-assistance system, the driver may be liable. However, if the vehicle’s automated system malfunctioned, failed to detect a hazard, or disengaged improperly, the manufacturer, software developer, or autonomous vehicle operator may be responsible.
In some cases, fault may be shared, for example:
- A driver may have ignored a takeover warning.
- A sensor may have failed to detect a pedestrian.
- A software update may have created a known issue.
- A company may have failed to maintain or inspect the vehicle.
- Another driver may have made an unsafe turn in front of the vehicle.
Personal injury claims involving self-driving vehicles often require a deeper investigation than ordinary car accident cases. The goal is to identify who had control, what the vehicle detected, what warnings were given, whether the system performed as intended, and whether a human or company failed to act reasonably.
How Self-Driving Car Accidents Are Filed in Personal Injury Claims
A self-driving car accident can injure the same people as any other car crash. As such, the scope of the accident falls well within personal injury law, but due to how automated vehicle companies can be held liable, self-driving car accident claims can also fall within product liability, as these companies have a duty of care to ensure their customers are not harmed when using their product/service.
With that in mind, injured victims may be able to recover compensation for out-of-pocket expenses such as medical bills, lost income, property damage, and any emotional suffering they have experienced. If the crash caused fatal injuries, surviving family members may have a wrongful death claim.
For more information about crash-related claims, see our car accident lawyer page. You can also use our personal injury settlement calculator to better understand the types of damages that may be considered.
What To Do After an Accident Involving a Self-Driving Car
If you’re involved in a crash with an autonomous vehicle, the process differs from a typical collision between human drivers. Here are the key steps:
- Call emergency services immediately: Move to a safe location away from traffic.
- Document everything: Take photos and video of the scene, vehicle damage, road conditions, and any visible sensors or markings on the autonomous car.
- Gather operator information: Record the company name, vehicle identification number, and whether a safety driver was present. Collect contact details from any independent witnesses.
- Request digital evidence preservation: The vehicle’s onboard logs, camera footage, and sensor data are critical. Access to this data collection may require formal legal requests.
- Seek medical evaluation: Even if injuries seem minor, get checked. Some injuries manifest later.
- Consult a personal injury attorney: Liability in self-driving car accidents complicates legal accountability and an attorney experienced with autonomous vehicle claims can navigate these layers.
Injured in a Driverless Car Accident? Schedule a FREE Consultation West Coast Trial Lawyers Today
As the transportation sector continues to progressively develop with the introduction of autonomous vehicles, accidents involving driverless cars raise complex legal questions. Who is responsible? How do I move forward in the aftermath of such a collision? If you have been in a similar situation, you can reach out to West Coast Trial Lawyers to protect your rights.
We specialize in personal injury cases, whether you are a pedestrian or vehicle occupant involved in car accidents caused by driverless vehicles. Our team will assess the information provided and determine what individual or entity is at fault for the damages you incurred as a result of their negligence. We will fight tirelessly on your behalf to ensure you are given the justice and compensation you deserve.
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