If you were injured in a collision involving a driverless car, robotaxi, or vehicle with advanced driver-assistance systems in San Francisco or anywhere in California, the liability questions are different from an ordinary car crash. At Sally Morin Personal Injury Lawyers we handle these cases by identifying every responsible party, from the vehicle manufacturer and software systems to any human operator or fleet company, and by pursuing the full compensation the facts support.
Why Choose Sally Morin Law for Your Driverless Car Accident Case
We are a five-star rated, all-female California personal injury firm that has represented seriously injured traffic-accident victims since 1997. Our practice is limited to cases involving broken bones, traumatic brain injuries, injuries requiring hospitalization or surgery, and other life-changing harm.
Autonomous-vehicle claims require comfort with product liability, data logs, sensor performance, and the current regulatory framework. We already handle high-severity vehicle cases and have recovered significant amounts in collisions involving autonomous or advanced features.
Named result involving autonomous features:
$1,650,000 – Pedestrian struck in a San Francisco crosswalk by a vehicle whose autonomous braking features failed. Injuries included severe traumatic brain injury, shattered pelvis, and ruptured knee.
Fee promise: We work on a pure contingency fee. You pay no attorney fees unless we recover compensation for you. We also negotiate medical liens so more of the recovery stays with you.
Notable Results in High-Severity and Technology-Related Cases
$1,650,000 – Pedestrian, Autonomous Feature Failure
A pedestrian with the right-of-way in a marked crosswalk was struck when autonomous braking did not prevent the collision. Recovery included policy limits and additional coverage.
$841,500 – Rideshare Passenger, High-Impact Collision
Passenger injured by an intoxicated driver running a red light. Multiple coverage layers recovered.
$750,000 – Scooter Rider, Road-Surface Hazard
Serious injuries caused by construction-related roadway damage.
Product Liability Versus Negligence in Autonomous Vehicle Crashes
Liability in a driverless or highly automated crash is rarely a single-party question. The analysis usually runs on two tracks that can operate at the same time.
Negligence track
If a human was supervising the vehicle, or if a fleet operator or maintenance provider failed to act reasonably, traditional negligence rules apply. Civil Code § 1714 still requires ordinary care. California’s pure comparative negligence rules still allow recovery even if the injured person shares some fault. When a human driver was present and required to monitor the system, failure to stay attentive can support a negligence claim against that person and, in some cases, the company that employed or dispatched them.
Product liability track
When the crash stems from a defect in design, software, sensors, or warnings, the claim shifts toward the manufacturer and related entities. California product-liability law allows recovery for manufacturing defects, design defects, and failure to warn. In an autonomous or advanced-driver-assistance context this can include:
- Sensor or perception failures
- Software or decision-making errors
- Inadequate fail-safe behavior
- Insufficient warnings about system limitations
Who may pay
Depending on the facts, responsibility can land on one or more of the following:
- The vehicle manufacturer
- The software or autonomy-stack provider
- The fleet operator or robotaxi company
- A human safety driver or remote operator
- A maintenance or mapping provider
- An ordinary at-fault driver of another vehicle
Identifying the correct defendants and the correct insurance layers is the core early work on these files.
Key statutes and rules
- CVC § 38750 and related DMV autonomous-vehicle regulations govern permitting, testing, and operation in California.
- Updated DMV rules continue to tighten oversight, reporting, and manufacturer accountability.
- Ordinary Vehicle Code rules on speed, right-of-way, and safe operation still apply when a human is in the control loop.
- Two-year statute of limitations for most personal-injury claims (CCP § 335.1); shorter notice periods apply to government entities.
Waymo and Autonomous Operations in San Francisco
San Francisco is one of the most active robotaxi environments in the United States. Waymo operates passenger service in the city. Other companies have tested or operated under various permits. The dense street grid, steep hills, complex intersections, heavy pedestrian and bicycle traffic, and frequent construction create demanding conditions for automated systems.
Incident reporting, DMV oversight, and local enforcement continue to evolve. When a collision occurs, the relevant data often includes vehicle logs, sensor recordings, and company incident reports in addition to the ordinary police report. Preserving that data early is critical.
Cases arising in San Francisco are typically filed in San Francisco Superior Court. Collisions elsewhere in the Bay Area may be in the appropriate county court. We treat the regulatory and operational details of robotaxi service as living information and update our approach as the landscape changes.
For a broader discussion of benefits, risks, and liability questions surrounding self-driving technology, see our detailed post:
The Pros and Cons of Self-Driving Cars
That post already routes its liability discussion to this page. The two pages should continue to cross-link deliberately.
How a Driverless or Autonomous Vehicle Claim Works
Immediate steps after a collision involving an AV or advanced system
- Seek medical care immediately.
- Call 911 and obtain a police report. Note any company markings, vehicle numbers, or robotaxi identifiers.
- Photograph the vehicles, scene, injuries, and any visible sensors or damage.
- Preserve your own phone data, dashcam footage, and any app records.
- Do not delete or overwrite vehicle or device data.
- Avoid detailed statements to the AV company or its insurers without legal advice.
- Contact counsel familiar with product-liability and autonomous-vehicle issues promptly.
What our firm handles
- Identification of every potentially responsible party and insurance layer
- Requests for vehicle logs, sensor data, and company incident materials
- Coordination with accident reconstruction and technical experts when needed
- Evaluation of both negligence and product-liability theories
- Full documentation of medical treatment and future care needs
- Negotiation of medical liens
- Litigation when a fair resolution cannot be reached
Typical timeline
These cases often take longer than ordinary car claims because of data retrieval, technical analysis, and multi-party coverage questions. We move the investigation forward while medical treatment continues so the valuation reflects the true long-term impact.
Frequently Asked Questions – Driverless and Autonomous Vehicle Accidents
Who is liable when a driverless car causes a crash?
It depends on the facts. Possible defendants include the manufacturer, software provider, fleet operator, any human supervisor, and other drivers involved. We investigate all of them.
Can I sue the manufacturer?
Yes, when a defect in design, software, sensors, or warnings contributed to the crash. Product-liability claims are a central tool in these cases.
What if I was a passenger in a robotaxi?
Passengers generally have strong claims against the operator and, when appropriate, the manufacturer or other responsible entities.
Does California law treat fully driverless vehicles differently from cars with Autopilot or similar systems?
Yes in important ways. When a human is required to supervise, negligence claims against that person remain available. When the vehicle is operating without a human driver, the focus shifts more heavily toward the companies that designed, built, and operated the system.
How long do I have to file a claim?
Most claims must be filed within two years. Government claims have shorter notice deadlines. Early action is especially important for preserving electronic data.
What evidence matters most in an AV case?
Police reports, vehicle event data, sensor logs, company incident reports, witness statements, and medical records. Technical data often decides these cases.
Do you handle collisions involving Waymo or other robotaxis?
Yes. San Francisco is an active operating environment for these vehicles, and we are prepared to handle the resulting injury claims.
What Clients Say
Contact a California Driverless Car Accident Lawyer Today
If you or a loved one was injured in a collision with a Waymo, robotaxi, or any vehicle using autonomous or advanced driver-assistance technology, speak with our team. We will identify the responsible parties, preserve the technical evidence, and pursue the compensation the law allows.
Meet Our Team
Get the settlement you deserve
Since 1997, Sally Morin Personal Injury Lawyers have helped clients recover compensation for serious injuries from car, motorcycle, scooter accidents, and more. Contact our expert team for help with your California injury case.
Our Location
We serve clients throughout Oakland and the East Bay from our San Francisco headquarters.