No one fell asleep at the wheel — because there was no one behind it. That’s the reality more crash victims are facing as self driving cars move from testing grounds to everyday streets.
In 2024, there were over 500 reported collisions involving autonomous vehicles in the U.S. — more than double the number from the year before. The technology is evolving fast. The law? Not so much.
This shift is already raising tough questions:
- What happens when an algorithm makes a bad decision?
- Who’s responsible when no human was driving?
- And how does a victim file a car accident injury claim when the at-fault party might be a company, not a person?
For injury victims, these aren’t abstract concerns. They’re real barriers to justice. Handling self driving car accidents may require not just a strong case, but the insight of a car accident attorney who understands how to litigate against manufacturers, software companies, and insurance teams built for denial.
The rules are changing with a car accident involving autonomous cars. But accountability still matters, and experienced legal help is more important than ever.
The Rise of the Self Driving Vehicle in Illinois and Beyond
Self driving vehicles aren’t science fiction anymore. Across the U.S., they’re already reshaping how people commute, shop, and get around town — just not always with a human behind the wheel.
Take Waymo, for example. As the only U.S. company currently operating fully autonomous robotaxi services for paying passengers, Waymo now runs over 250,000 rides per week using more than 1,500 driverless vehicles in cities like San Francisco, Los Angeles, Phoenix, and Austin. In these places, cars with no steering wheels and no drivers are becoming part of daily life.
Illinois isn’t quite there — yet. Self driving cars are legal in the state, but only with a licensed driver present inside the vehicle. Under a 2018 update to the Illinois Vehicle Code, autonomous vehicles can be operated on public roads as long as a human driver is behind the wheel and able to take control if needed.
It’s a middle step on the road from assisted driving to full autonomy. That road is unfolding in phases:
First, advanced driver-assistance systems (ADAS) like adaptive cruise control and lane centering.
Next, semi-autonomous features that let cars steer, park, or change lanes on their own under human supervision.
Eventually, fully driverless cars — operating independently, with no input from human drivers at all.
Major automakers and tech giants like Tesla, GM’s Cruise, Ford, Amazon’s Zoox, and Hyundai’s Motional are all betting on a driverless future. But in Illinois, the shift will likely be gradual. As the technology advances, so will the questions around safety, how to determine liability, and what happens when things go wrong when autonomous vehicle crashes occur.
How Traditional Car Accident Injury Claims Work Today
Most car accident injury claims in Illinois follow a fault-based system. That means the person who caused the crash — the at-fault driver — is legally and financially responsible for the damage. It also means that to recover compensation, the injured person needs to prove the other party was negligent.
Negligence can take many forms: speeding, running a red light, texting while driving, or failing to yield. Even a momentary lapse in judgment can become the foundation of a car accident injury claim. Once fault is established, the at-fault driver’s insurance company typically covers the cost of medical bills, lost wages, property damage, and pain and suffering.
But that process is rarely smooth. Insurance companies may dispute liability, undervalue injuries, or drag out the claims process altogether.
That’s where a car accident lawyer in Illinois steps in. An experienced attorney helps gather evidence, calculate the true value of the claim, negotiate with insurers, and — if needed — file a lawsuit.
What Changes with Self Driving Car Accident Claims?
Self driving cars are rewriting the rules of liability. In a traditional crash, blame usually falls on one of the drivers. But in a driverless car accident, there may not be a human driver at all. That shifts attention to the vehicle itself — and the companies behind it.
With self driving car accident claims, liability could fall on the car manufacturer, the software developer, or even a third-party company responsible for sensor calibration. Instead of proving that a driver was texting or speeding, attorneys may have to prove that a machine made a mistake or that the system failed in a way a human couldn’t prevent.
This creates a much more complex claims process. Evidence goes beyond witness statements or police reports. Lawyers may need access to:
- Black box data (vehicle logs leading up to the crash)
- Sensor inputs and software outputs
- AI decision-making models (how and why the system chose its course of action)
These are not always easy to obtain. Companies may guard this data as proprietary or argue that revealing it poses cybersecurity risks. For injury victims, this can create frustrating delays and raise the stakes of litigation.
In short: self driving car accident claims aren’t just about what happened. They’re about how the vehicle’s entire system interpreted and responded to the world in real time.
Who’s Liable in a Self Driving Car Crash?
Determining liability in car accident cases used to be relatively clear: figure out which driver made a mistake. But with self driving technology, the question gets murkier. Who’s at fault when a machine is in control?
It depends on the level of automation and the specific facts of the crash.
In cases where a human is still responsible for monitoring the vehicle, traditional rules may still apply. If the driver fails to intervene when the system makes an error — or misuses the autonomous car features — they could be held liable for negligence. This is still common with vehicles like Teslas using assisted-driving modes.
But in fully autonomous vehicle accidents, where no driver input is expected or allowed, liability shifts toward the companies behind the technology. That opens the door to product liability claims. In these cases, the injured party may argue that the vehicle was defectively designed, manufactured, or programmed.
Potential defendants in these scenarios could include:
- The vehicle manufacturer
- The software developer responsible for navigation or decision-making systems
- Third-party contractors or maintenance providers
- Even data providers who supply real-time mapping or traffic inputs
An experienced Illinois car accident attorney can help untangle this web of responsibility. These complex cases require understanding both the law and the technology behind it.
What to Do If You’re Injured by a Self Driving Car
Crashes involving fully autonomous vehicles aren’t routine, and your response shouldn’t be either.
These are high-stakes cases with technical complexity, and the steps you take immediately after the crash can directly impact the outcome of your self driving car accident claim.
Get Medical Help Immediately
Your health comes first. Even if injuries from a self driving car wreck aren’t obvious right away, internal trauma or concussions can take hours—or days—to show symptoms.
Seeing a doctor right away not only protects your health, it creates a medical record that’s vital for your claim.
Call the Police and Document the Scene
A formal accident report is needed, especially when dealing with complex liability issues. Take photos or videos of:
- Vehicle damage
- Road conditions
- Traffic signals or signage
- Any visible injuries
If you believe the vehicle was operating autonomously, tell the officer and make note of it for your own records.
Identify the Autonomous Vehicle Manufacturer and Technology Involved
Was it a Waymo robotaxi? A Tesla on Autopilot? A delivery van running software from a third party?
Identifying the self driving car manufacturers, level of automation, and human intervention (if any) helps your attorney determine who may be responsible, what legal route to take, and help you get fair compensation.
Say Less, Especially About Fault or Human Error
Avoid speculating or admitting anything at the scene. Statements like “I didn’t see them coming” or “maybe I was too close” can be used against you during litigation.
Let your lawyer handle all communications with insurance companies and opposing parties.
Call a Lawyer Experienced in Self Driving Car Accident Claims
Don’t wait to get legal help. Seasoned car accident lawyers in Illinois can act fast to:
- Preserve black box and sensor data
- Identify liable companies and individuals
- Handle insurance negotiations and litigation
- Guide you through every step of filing a car accident claim
When tech companies are involved, time and experience matter. Evidence can disappear, and corporate legal teams often move fast to protect themselves.
The Law Is Catching Up to Liability in Self Driving — You Should Too
The rise of autonomous vehicles challenges our assumptions about accountability, responsibility, and justice. As driverless technology advances, so does the complexity of who’s to blame when something goes wrong. These are legal questions as much as societal ones.
And yet, the goal remains the same: if you’re injured, you deserve answers, and you deserve compensation. That doesn’t change — no matter who, or what, was behind the wheel.
Midwest Injury Lawyers is ready to help you move through the future of car accident law. We understand the stakes. We know the systems. And we’re prepared to fight for you. We’ll offer a free consultation, just contact us today!