Who Is Liable for a Self-Driving Car Accident in California?

Liability for a self-driving car accident depends on how much control the vehicle's technology had over the crash. When a human driver is primarily in charge, standard negligence law applies. When the vehicle's automated system is driving, liability often shifts to the manufacturer under product liability law.

California has passed new legislation over the past few years that changes who bears responsibility, and autonomous vehicles are no longer confined to a handful of test routes. Waymo alone now operates robotaxis across the Bay Area, Los Angeles, and San Diego, and offers airport service at San Jose Mineta International Airport, making this question far more than theoretical for drivers throughout the state.

At Habbas Law, our California car accident lawyers have watched how quickly the law around automated vehicles has moved since our early coverage of this topic. Below is a look at the current legal landscape for self-driving car accidents in California, including who can be held responsible and what has changed.

What "Self-Driving" Actually Means

Not every vehicle marketed as "self-driving" is actually driving itself. The Society of Automotive Engineers defines six levels of automation, and the level matters because it determines who was legally in control at the moment of a crash:

• Level 0-1: No automation or basic assistance, such as cruise control. The driver is fully responsible.
• Level 2: Partial automation, such as Tesla's Autopilot or Full Self-Driving (Supervised). The system can steer, accelerate, and brake, but the driver must stay alert and ready to take over at any time.
• Level 3: Conditional automation. The vehicle can handle most driving tasks under specific conditions, but a human must be ready to intervene when prompted.
• Level 4: High automation. The vehicle can operate without human input within a defined service area. Waymo's robotaxis operating across California fall into this category.
• Level 5: Full automation. No human driver is needed under any condition. No vehicle sold to consumers has reached this level yet.

Most crashes involving "self-driving" technology on California roads today involve Level 2 systems, where the driver remains legally responsible, or Level 4 systems, where the manufacturer's software is doing the driving.

How California Law Assigns Liability for Self-Driving Car Accidents

California law starts from the same negligence standard that applies to any car accident: a driver or company that fails to use reasonable care and causes injury can be held civilly liable.

The California Vehicle Code, under Sections 38750 through 38755, specifically regulates the testing and operation of autonomous vehicles and requires manufacturers to carry insurance or a bond to cover damages caused by their vehicles.

As automation increases, the legal analysis shifts from asking whether the driver acted carelessly to asking whether the manufacturer designed, built, or maintained a safe product. This is why attorneys increasingly describe self-driving car cases as product liability claims rather than simple negligence cases. A defective sensor, a flawed decision-making algorithm, or inadequate testing can all form the basis of a claim against the company that built the system.

New California Laws Changing Who Pays

Three recent state actions have reshaped liability for automated driving features:

SB 1398 (in effect since 2023)

Prohibits automakers from marketing partial driving automation features using language that implies full autonomy:

• Manufacturers cannot describe a Level 2 feature in terms that would lead a reasonable person to believe it functions as a fully autonomous vehicle
• If a manufacturer's marketing overstated what a Level 2 system could actually do, that marketing can become evidence in a lawsuit after a crash
• Meeting the law's notice requirements does not limit a manufacturer's existing negligence or product liability exposure

AB 1777 (signed September 2024, effective July 1, 2026)

Lets a peace officer issue a "notice of autonomous vehicle noncompliance" to a manufacturer when its vehicle commits a moving violation while the autonomous technology is engaged.

It is a significant shift from the earlier gap in the law, where officers had no clear way to cite a car with no human driver behind the wheel:

• The manufacturer, not a passenger or safety operator, receives the notice
• The manufacturer must report that notice to the DMV within 72 hours
• A notice of noncompliance does not by itself create a presumption that the vehicle is unsafe

AB 3061 (effective July 31, 2025)

Requires autonomous vehicle manufacturers to report incidents involving their vehicles directly to the DMV:

• Manufacturers must report every collision, disengagement, and certain traffic violations to the DMV
• Reports must be submitted on timelines that meet or exceed federal NHTSA reporting deadlines
• Combined with the DMV's broader 2026 update to its autonomous vehicle regulations on data reporting and enforcement, these filings can become valuable evidence for an injured person's attorney when reconstructing how a crash happened

Who Can Be Held Responsible After a Self-Driving Car Accident?

Every self-driving car accident case is different, and more than one party can share fault. Potential defendants can include:

• The vehicle manufacturer or the company that developed the autonomous driving software
• A human safety operator, if one was present and failed to intervene
• Another driver on the road
• A negligent or inattentive pedestrian or cyclist
• The city or state agency responsible for maintaining safe road conditions
• A parts manufacturer, if a defective sensor or component contributed to the crash

Identifying every liable party often requires pulling vehicle data logs, DMV disengagement reports, and manufacturer safety records, which is why early legal representation matters in these cases.

Autonomous Vehicles Are Now Common Across California

The self-driving car conversation in California changed substantially in late 2025. Waymo now operates a unified Bay Area service area covering more than 260 square miles, and its statewide footprint includes:

• Freeway routes on Highway 101 and Interstate 280 in the Bay Area
• Curbside pickup and drop-off at San Jose Mineta International Airport, making SJC the first commercial airport in California to host fully autonomous ride-hailing
• Established robotaxi service across large sections of Los Angeles and San Diego
• A fleet of fully driverless Level 4 vehicles, replacing what was once a story centered on Tesla and Uber driver-assist technology

That shift matters for liability everywhere in the state. A crash involving a Waymo vehicle with no human driver behind the wheel points far more directly to the manufacturer than a crash involving a Tesla operating in Autopilot with an attentive driver present.

Anyone injured by one of these vehicles, whether in San Jose, Los Angeles, or elsewhere in California, should expect the case to turn heavily on vehicle data and product liability principles rather than a simple police report.

Steps to Take After a Self-Driving Car Accident

• Call 911 and seek medical attention, even if injuries seem minor.
• Note whether the vehicle was operating in an autonomous mode, and if possible, record the make, model, and any visible company markings.
• Avoid discussing fault at the scene. Automated vehicle cases often involve companies with their own investigators.
• Request the police report and ask whether the responding officer noted the vehicle's automation status.
• Contact an attorney promptly, since manufacturers may not preserve vehicle data logs indefinitely.

Protecting Injured Bay Area Drivers as the Law Evolves

The law governing self-driving car accidents in California has changed substantially in the past few years, and it will continue to change as more autonomous vehicles hit the roads throughout the state. Habbas Law has spent decades investigating complex liability questions across California, with offices in San Jose, Oakland, San Francisco, Los Angeles, Modesto, and Rocklin, and that experience now extends to cases involving both Level 2 driver-assist systems and Level 4 autonomous vehicles.

If you were injured in a crash involving a self-driving or driver-assist vehicle, our attorneys can help determine which party or parties are responsible. Call (408) 502-5643 to schedule a free case evaluation with a California self-driving car accident lawyer.

Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.

Sources

• National Highway Traffic Safety Administration, Critical Reasons for Crashes Investigated in the National Motor Vehicle Crash Causation Survey
• California Vehicle Code §§ 38750-38755, leginfo.legislature.ca.gov
• California SB 1398, leginfo.legislature.ca.gov
• California AB 1777, leginfo.legislature.ca.gov
• California AB 3061, leginfo.legislature.ca.gov
• California DMV, New Autonomous Vehicle Regulations Strengthen Oversight and Enforcement
• KQED, Waymo Expands Service to Bay Area Freeways and San José Airport
• San José Mineta International Airport, press release on Waymo service launch