Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Another car hits you while its self-driving features are on. You might not know whether the driver made a mistake or the technology failed. So who is responsible for the crash?
The driver, the carmaker or both could bear responsibility. What matters is whether the driver failed to use reasonable care or a defect in the vehicle contributed to the collision.
When the driver may be at fault
Cars with driver-assistance features still require someone to watch the road. The system may steer or control speed, but the driver must stay ready to act. Turning on these features does not excuse the driver from paying attention to traffic.
If the driver fails to brake for a stopped car, that mistake could violate traffic safety laws. In Ohio, breaking the rule on stopping distance establishes negligence when the legal requirements apply. You would still have to show that the violation contributed to your injuries.
Not every rear-end collision proves the driver broke that rule. Whether the stopped vehicle was visible and how it entered the driver’s path may affect the outcome.
When a defect may point to the carmaker
Driver error is not the only possible cause. A faulty sensor might fail to detect stopped traffic, or a software problem could prevent the vehicle from braking in time. However, a crash involving self-driving features does not automatically mean the car had a defect.
Product liability law addresses injuries caused by faulty products. You may have a claim against the carmaker if a defect in the vehicle contributed to your injuries. You would have to establish that the car had a qualifying defect and that it helped cause the crash.
Records that may help your claim
You may want to keep photos and details about which driving features were active. A police report and data the car recorded might help explain what happened before impact. Those records could matter if you later pursue a claim for crash injuries.