Setareh Law
June 23, 2025
At Setareh Law, we closely monitor developments in autonomous vehicle law to provide informed guidance to clients affected by these emerging technologies. Our attorneys understand the complex interplay between traditional vehicle liability principles and the new paradigms created by self-driving technology. We help passengers, pedestrians, and other motorists navigate the legal landscape when accidents involving autonomous vehicles occur.
Understanding Levels of Vehicle Automation
To assess potential passenger liability, it’s essential to understand that not all “self-driving” vehicles are equal. The Society of Automotive Engineers (SAE) defines six levels of driving automation, from Level 0 (fully manual) to Level 5 (fully autonomous):
Partial Automation (Levels 2-3)
Many vehicles currently marketed as “self-driving” actually operate at Level 2 or 3, where the system handles steering and acceleration under certain conditions, but human oversight remains necessary. In these vehicles, passengers designated as operators maintain legal responsibility for monitoring the driving environment and taking control when needed.
Full Automation (Levels 4-5)
In truly autonomous vehicles (Levels 4-5), the system handles all driving tasks without human intervention. Level 5 vehicles may not even have steering wheels or pedals. As these vehicles become more common, liability questions grow more complex, potentially shifting from human passengers toward manufacturers, software developers, and fleet operators.
Scenarios Where Passengers May Face Liability
Even in highly automated vehicles, certain circumstances may lead to passenger liability:
Failure to Intervene When Required
In Level 2-3 vehicles, designated operators who fail to take control when the system prompts them or when conditions obviously require human intervention may be negligent. For example, if a Tesla on Autopilot approaches road construction and the passenger ignores alerts to take control, resulting in an accident, they may face liability for this failure.
Improper Maintenance or Use
Passengers may also bear responsibility if they:
- Override safety systems or tamper with autonomous functions
- Use self-driving features in prohibited areas or conditions
- Ignore required software updates affecting safety systems
- Knowingly operate a vehicle with malfunctioning autonomous features
- Misuse the technology in ways contrary to the manufacturer’s instructions
These actions could constitute negligence if they contribute to an accident. Courts will likely examine whether the passenger’s conduct created foreseeable risks that a reasonable person would have avoided.
Shared Control Scenarios
In partially automated vehicles, determining liability becomes particularly challenging when control shifts between human and computer. If an accident occurs during this transition period, liability may depend on factors such as:
Shifting Liability Landscape
As autonomous technology evolves, we anticipate liability will increasingly shift toward manufacturers, developers, and fleet operators. Several factors drive this trend:
Product Liability Principles
When vehicles operate autonomously, accidents may more often result from design flaws, software bugs, or sensor failures than human error. In these cases, product liability principles apply, focusing on whether the autonomous system was defectively designed, manufactured, or marketed without adequate warnings about limitations.
Regulatory Developments
California and federal regulations governing autonomous vehicles continue to evolve, potentially clarifying liability questions. For example, California requires manufacturers to maintain specific insurance coverage for autonomous testing and has implemented reporting requirements for autonomous vehicle accidents. These regulations may eventually establish clearer liability frameworks.
How Setareh Law Can Help After an Autonomous Vehicle Accident
If you’ve been involved in an accident with a self-driving car—whether as a passenger, another motorist, or a pedestrian—navigating the liability issues requires specialized legal knowledge. Our attorneys at Setareh Law can assist by:
- Investigating the technical aspects of the accident, including the vehicle’s automation level and operating status
- Determining whether the passenger had legal responsibility to monitor or control the vehicle
- Analyzing whether manufacturer defects or software failures contributed to the crash
- Identifying all potentially liable parties, which may include passengers, manufacturers, software developers, and others
- Advocating for fair compensation based on the applicable liability principles
Our approach combines thorough investigation with up-to-date knowledge of this rapidly evolving area of law. We work to ensure our clients understand their rights and options when dealing with these technologically complex cases.
Contact a California Personal Injury Attorney Today
As self-driving technology transforms transportation, accident liability questions grow increasingly complex. At Setareh Law, we bring over 20 years of personal injury experience to this emerging field, helping clients throughout California navigate the challenging intersection of technology and liability law. Our multilingual team provides personalized guidance to ensure you understand your legal position following an autonomous vehicle accident.
Whether you were a passenger in a self-driving car or were injured by one, we can help you determine the appropriate path forward. Contact us today at (310) 659-1826 or through our contact form to schedule a free consultation about your autonomous vehicle accident case.
