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Autonomous car accidents: Who is liable?

On Behalf of | Jul 7, 2026 | Car Accidents, Personal Injury |

Despite the usage of the word ‘autonomous vehicles’, one or many human agencies are usually linked to them. If you get hit by an autonomous car, you can hold them accountable. Here is what you should know. 

Who is to blame?

Depending on the level of automation used in the vehicle, you can either hold the driver or the manufacturer accountable. According to Montana laws governing automated vehicles, there are five levels of automation. Think of it as a scale:

  • Levels 1 to 3: A human is either partially or completely in control of the vehicle. 
  • Levels 4 and 5: The car drives itself entirely. The manufacturer may be liable under product liability law. 

The more automated the vehicle, the more responsibility may shift from the driver to the manufacturer.

Challenges with evidence collection

New technologies solve existing problems but can create new legal hurdles. For example, collecting evidence could pose a challenge for you. An automated car uses an advanced driving system, which usually collects all the associated data. The system could easily delete the data or the data could become unavailable if you don’t act quickly. An attorney can help you secure that supporting data by sending a preservation letter to the driver or the manufacturer.

How a legal guide may help

Unlike other car accidents, it is not easier to identify who the driver is in an autonomous car. In cases like this, the liability claims usually involve traffic rules, product liability and complex data forensics. Nevertheless, you may still be able to trace back the liability to the driver or manufacturer. A legal guide can help you track the digital paper trail, analyse applicable motor vehicle laws and build a strong motor vehicle injury claim to protect your rights. 

 

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