Indiana’s Trusted Personal Injury Advocates Since 1963.

Who’s At Fault in a Self-Driving Tesla Accident?

Author: Brandon Yosha

Self-driving cars offer a path to the future of transportation. However, there is work to do before self-driving vehicles become the main automobiles on the road. Regulations work to meet rapidly growing technology. And, technology works to iron out autonomous driving kinks. Accidents can still occur. Currently, Tesla stands as the top of the self-driving car manufacturers. Although the company touts impressive safety figures, Tesla self-driving car accidents in Indianapolis have received much press. The question remains, who’s at fault in a self-driving Tesla accident?

The differences between AutoPilot and fully self-driving Tesla vehicles

Tesla would prefer the liability in a self-driving accident remain with the driver, as the company doesn’t sell fully autonomous cars to the public yet. But one of the newer, more enticing features on Tesla cars is AutoPilot. Although Tesla publicly states that a driver should never rely on AutoPilot, the feature allows self-driving benefits like handless steering, braking, and acceleration. Tired drivers may erroneously allow the system to take over.

I’ve Been in an Accident! What Next?

5 Essential Next Steps Book cover popup

Tesla’s AutoPilot feature eases the burden of drivers but still requires driver supervision. Currently, a Tesla self-driving car accident won’t involve a fully autonomous vehicle, as these vehicles aren’t yet on the road. Varied differences between AutoPilot and fully self-driving capability remain. AutoPilot, which comes as a built-in perk in current vehicle models, cannot take over vehicle operations. The cost of AutoPilot is already factored into a Tesla car.

Fully self-driving Tesla models aren’t yet available to the general public. When these cars become available, full self-driving capabilities will be an add-on feature and will present significant cost increases. A fully self-driving Tesla will not require a human operator. Car owners in fully self-driving cars will plug in their trip destination, and the car will take care of all vehicle operations.  

The National Highway Transportation and Safety Administration (NHTSA) agrees that currently, a driver must remain behind the wheel of a car. Although the organization estimates that in 2025, fully self-driving vehicles will be available to the general public. NHTSA believes that once the technology is fine-tuned and regulations are in place, self-driving cars will benefit our lives. Human error will decrease and the environment will see a great reduction in carbon emissions. 

Nevertheless, drivers who allow AutoPilot to take control may find themselves in dangerous, traumatic Tesla self-driving accidents. As of March 2022, there are 750,000 Tesla vehicles with the AutoPilot feature on U.S. roads. Based on Tesla’s own internal safety reports, the safety statistics continue to vastly improve. In 2021, Tesla recorded only one crash for every 4.97 million miles driven in a Tesla vehicle. 

History of Tesla Car Accidents

It’s tough to determine how Tesla’s self-driving car accident statistics compare to less autonomous cars on the road. As of December 2021, 284,000,000 registered vehicles traveled U.S. roads. Tesla cars make up less than one percent of cars on the road today.

However, the Tesla accidents that have occurred have received much media attention. In each, the questions of criminal and tort (civil) liability arise. In 2021, the NHTSA launched an investigation into 22 accidents involving Tesla self-driving cars. The most public Tesla self-driving car accidents include the following:

  • In 2019, Los Angeles, California resident Kevin Riad slammed through a red light in his Tesla and killed two people. He claimed Autopilot went awry, and now faces felony charges.
  • In April 2021, while on autopilot, a 2019 Tesla Model S killed its two occupants–neither of whom sat behind the wheel. An estimated 30,000 gallons of water were used to put out the subsequent vehicle fire.
  • In August 2021, a Tesla crashed in Orlando, Florida, prompting an NHTSA investigation.
  • In January 2022, a viral YouTube video captured a Full Self-Driving Beta Model Tesla crashing into a pole.

Determining Liability in a Tesla Self-Driving Car Accident

Until self-driving cars rule our roads, determining liability in a self-driving car accident partially lands with a driver. Tesla vehicles involved in self-driving car accidents have proven driver error or over-reliance on AutoPilot features to mean driver liability. However, the NHTSA investigation may determine Tesla faces partial responsibility in self-driving crashes as well. Tesla could face fines of up to $115 million.

Experts believe that as self-driving cars improve and vehicles become more autonomous, liability may shift from the driver to the manufacturer. This may occur in the near future with mass production of autonomous vehicles expected to ramp up. Ultimately, the NHTSA will have to discern what federal safety regulations to set on driver and manufacturer responsibility. As it stands, liability is determined on a case-by-case basis.

Manufacture liability may stem from malfunctions such as:

  • Errant Autopilot steering
  • Locked Brakes
  • Automatic acceleration that doesn’t allow driver override

Driver liability may be determined as a result of:

  • Over-reliance on AutoPilot
  • Reckless Driving
  • Driving Under the Influence
  • Failure to yield

What to Do If You’re Involved in an Accident with a Tesla Self-Driving Car

If you find yourself involved in an accident with a Tesla self-driving car, you should follow the same steps you would after any car accident:

  • Call the police and file a report
  • Take photo and video evidence of the accident
  • See a Doctor in the immediate aftermath of your accident
  • Research and contact a reputable, honest car accident lawyer

Insurance companies may feel reluctant to pay out settlements for victims of a self-driving car accident. These companies may prefer the onus lie with the car’s manufacturer. Tesla vehicles are equipped with top-of-the-line automated safety features. In rare instances, Tesla has faced fines and court settlements as a result of accidents involving Tesla cars.

As the technology behind self-driving cars evolves, so do the regulations surrounding these vehicles. There isn’t a clear-cut, across-the-board answer to who’s at fault in a Tesla self-driving car accident. Liability in these accidents will be determined by circumstance. It becomes particularly relevant in cases of a self-driving car accident injury in Hammond, where the legal landscape is still evolving. An experienced attorney can help you navigate the complexities of such cases, ensuring that all responsible parties are held accountable and that you receive the compensation you deserve.

 If a Tesla car malfunctions, the manufacturer may be liable. Driver error, road conditions, and driving under the influence may lead to driver responsibility. If you find yourself involved in an accident with a Tesla self-driving car, seek legal advice to explore the best ways to heal and move forward. Contact an attorney who will expertly guide you down the right legal path.

There are, however, many more parties that can be held liable for these types of injuries and it’s always advisable to seek an experienced personal injury attorney and file for additional compensation.

Picture of Brandon Yosha

Brandon Yosha

Brandon Yosha is a trial lawyer at Yosha Law Firm, dedicated to advocating for victims of negligence. Recognized as one of the youngest attorneys in Best Lawyers in America, Brandon combines his family’s legal legacy with his own commitment to securing justice for his clients. Mentored by renowned attorneys, he brings empathy and determination to every case.

Legally Reviewed By

Brandon Yosha

Trial Lawyer

Table of contents

Unleash the Power of Knowledge

yosha-law-firm

Contact us

Thank you for taking this essential first step in your quest for justice.

We will review your case details and follow up very soon.


    We will use and protect your data in accordance with our Privacy Policy.

    Group

    A Path of Advocacy for Justice

    Get Brandon Yosha’s book and join his mesmerizing journey against negligence and insurance goliaths. 
    Find inspiration in everyday Americans’ victories after devastating losses and learn how to stand up for justice.

    Related Articles

    I’ve Been in an Accident!
    What Next?

    Download our free checklist: 5 Things To Do After An Accident and find out the critical mistakes made by personal injury victims (the ones insurance companies are praying you’ll make).

      5 Essential Next Steps Book cover popup

      I’ve Been In An Accident! What Next?

      Learn the critical steps you should take to protect yourself and support your case

      To receive the checklist, please subscribe to our newsletter. 

      You can unsubscribe at any time, learn more via our Privacy Policy.

      Privacy Policy

      Privacy Policy

      Who we are

      Our website address is: Yosha Low Firm.

      What personal data we collect and why we collect it

      Comments

      When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

      An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

      Media

      If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

      Contact forms

      Cookies

      If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

      If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

      When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

      If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

      Embedded content from other websites

      Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

      These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

      Analytics

      Who we share your data with

      If you request a password reset, your IP address will be included in the reset email.

      How long we retain your data

      If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

      For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

      What rights you have over your data

      If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

      Where we send your data

      Visitor comments may be checked through an automated spam detection service.

      Your contact information

      Additional information

      How we protect your data

      What data breach procedures we have in place

      What third parties we receive data from

      What automated decision making and/or profiling we do with user data

      Industry regulatory disclosure requirements