Nagel Rice Legal Source For Personal Injury & Medical Malpractice

Last Updated on June 3, 2026

KEY TAKEAWAYS

  • Traditional negligence and product liability laws still apply to driverless vehicle crashes.
  • Liability may extend beyond a human driver to manufacturers, software companies, or fleet operators.
  • Multiple parties are often named in autonomous vehicle accident cases.
  • Early evidence preservation is critical in technology-based crashes.

Responsibility in a driverless car accident may fall on the vehicle manufacturer, the software developer, the fleet operator, a human safety driver, or another party, depending on how the crash occurred. Traditional personal injury and product liability laws still apply, but identifying the correct defendant is often more complex than in a standard car accident.

Self-driving vehicle technology continues to expand across the country. While New Jersey does not yet allow fully autonomous public deployment at scale, vehicles with advanced driver assistance and semi-autonomous systems are increasingly common on New Jersey roads.

How Are Driverless Car Accidents Different From Traditional Crashes?

In a typical car accident, liability usually focuses on:

  • The at-fault driver
  • The driver’s insurance carrier

In a driverless or semi-autonomous crash, potential defendants may include:

  • The vehicle manufacturer
  • The software developer
  • The company operating the vehicle fleet
  • A maintenance provider
  • A human safety driver, if one were present

Because autonomous systems rely on sensors, mapping data, algorithms, and mechanical components, liability analysis often involves technical review rather than eyewitness testimony alone.

Can the Vehicle Manufacturer Be Liable?

Yes. If the accident was caused by:

  • Defective software
  • Sensor malfunction
  • Design flaws
  • Failure to properly warn users

The manufacturer may be liable under product liability law.

These cases often focus on whether the vehicle performed as intended and whether safer design alternatives were available.

Is There Still Driver Liability in Autonomous Vehicle Accidents?

Sometimes. Many vehicles on the road today are not fully autonomous. They require human supervision. A driver may share responsibility if they:

  • Failed to monitor the system
  • Ignored warnings
  • Misused the technology

In fleet-operated vehicles, such as ride-share autonomous programs tested in various states, a “safety driver” may be present. Failure to intervene when necessary could result in personal liability.

Who Else Could Be Responsible?

Autonomous vehicle cases often involve layered responsibility. Possible additional defendants include:

  • Fleet operators that failed to maintain vehicles
  • Companies responsible for mapping or navigation systems
  • Maintenance contractors
  • Third-party drivers who contributed to the crash

New Jersey follows comparative negligence rules. Multiple parties may share liability, and compensation may be allocated based on fault percentages.

What Laws Apply to Driverless Car Accidents in New Jersey?

Even though fully autonomous vehicles are still regulated at the federal and state levels, crash liability is typically governed by:

  • New Jersey negligence law
  • Product liability statutes
  • Comparative fault principles

Federal agencies such as the National Highway Traffic Safety Administration regulate safety standards, but personal injury claims are generally handled under state tort law.

As autonomous technology continues to evolve, courts apply existing legal frameworks to new factual scenarios.

Why Are Driverless Car Accident Cases More Complex?

These cases often require technical investigation, including:

  • Reviewing vehicle data logs
  • Examining software update history
  • Analyzing sensor and camera recordings
  • Investigating system warnings and override activity

Unlike traditional crashes, fault determination may depend on digital evidence stored in the vehicle’s system. Preserving that data quickly can be critical.

Accidents involving autonomous or semi-autonomous vehicles raise new factual questions, but the goal remains the same: identifying who is legally responsible for the harm caused.

If you were injured in a driverless or technology-assisted vehicle crash in New Jersey, Nagel Rice can help. Trust us to investigate the circumstances of the crash, identify the responsible parties, and help you obtain just compensation. Contact us today for a free consultation. You will not pay any attorneys’ fees until we recover for you.

Frequently Asked Questions

Can you sue if a self-driving car caused your injuries?

Yes. You may be able to bring a claim against the manufacturer, operator, or other responsible party, depending on the facts of the crash.

What if the car was in “autopilot” mode?

Liability depends on whether the driver was required to supervise the system and whether the technology malfunctioned. Both the driver and the manufacturer may be evaluated.

Are driverless cars legal in New Jersey?

Fully autonomous deployment is limited, but vehicles with advanced driver assistance features are legal and increasingly common. Liability rules still follow traditional tort principles.

How long do you have to file a lawsuit in New Jersey?

In most personal injury cases, the statute of limitations is two years from the date of the accident. Different rules may apply in certain situations.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.
Posted in Automobile Accidents
By Greg Kohn
Partner
Who Is Responsible in Driverless Car Accidents?

Last Updated on June 3, 2026

KEY TAKEAWAYS

  • Traditional negligence and product liability laws still apply to driverless vehicle crashes.
  • Liability may extend beyond a human driver to manufacturers, software companies, or fleet operators.
  • Multiple parties are often named in autonomous vehicle accident cases.
  • Early evidence preservation is critical in technology-based crashes.

Responsibility in a driverless car accident may fall on the vehicle manufacturer, the software developer, the fleet operator, a human safety driver, or another party, depending on how the crash occurred. Traditional personal injury and product liability laws still apply, but identifying the correct defendant is often more complex than in a standard car accident.

Self-driving vehicle technology continues to expand across the country. While New Jersey does not yet allow fully autonomous public deployment at scale, vehicles with advanced driver assistance and semi-autonomous systems are increasingly common on New Jersey roads.

How Are Driverless Car Accidents Different From Traditional Crashes?

In a typical car accident, liability usually focuses on:

  • The at-fault driver
  • The driver’s insurance carrier

In a driverless or semi-autonomous crash, potential defendants may include:

  • The vehicle manufacturer
  • The software developer
  • The company operating the vehicle fleet
  • A maintenance provider
  • A human safety driver, if one were present

Because autonomous systems rely on sensors, mapping data, algorithms, and mechanical components, liability analysis often involves technical review rather than eyewitness testimony alone.

Can the Vehicle Manufacturer Be Liable?

Yes. If the accident was caused by:

  • Defective software
  • Sensor malfunction
  • Design flaws
  • Failure to properly warn users

The manufacturer may be liable under product liability law.

These cases often focus on whether the vehicle performed as intended and whether safer design alternatives were available.

Is There Still Driver Liability in Autonomous Vehicle Accidents?

Sometimes. Many vehicles on the road today are not fully autonomous. They require human supervision. A driver may share responsibility if they:

  • Failed to monitor the system
  • Ignored warnings
  • Misused the technology

In fleet-operated vehicles, such as ride-share autonomous programs tested in various states, a “safety driver” may be present. Failure to intervene when necessary could result in personal liability.

Who Else Could Be Responsible?

Autonomous vehicle cases often involve layered responsibility. Possible additional defendants include:

  • Fleet operators that failed to maintain vehicles
  • Companies responsible for mapping or navigation systems
  • Maintenance contractors
  • Third-party drivers who contributed to the crash

New Jersey follows comparative negligence rules. Multiple parties may share liability, and compensation may be allocated based on fault percentages.

What Laws Apply to Driverless Car Accidents in New Jersey?

Even though fully autonomous vehicles are still regulated at the federal and state levels, crash liability is typically governed by:

  • New Jersey negligence law
  • Product liability statutes
  • Comparative fault principles

Federal agencies such as the National Highway Traffic Safety Administration regulate safety standards, but personal injury claims are generally handled under state tort law.

As autonomous technology continues to evolve, courts apply existing legal frameworks to new factual scenarios.

Why Are Driverless Car Accident Cases More Complex?

These cases often require technical investigation, including:

  • Reviewing vehicle data logs
  • Examining software update history
  • Analyzing sensor and camera recordings
  • Investigating system warnings and override activity

Unlike traditional crashes, fault determination may depend on digital evidence stored in the vehicle’s system. Preserving that data quickly can be critical.

Accidents involving autonomous or semi-autonomous vehicles raise new factual questions, but the goal remains the same: identifying who is legally responsible for the harm caused.

If you were injured in a driverless or technology-assisted vehicle crash in New Jersey, Nagel Rice can help. Trust us to investigate the circumstances of the crash, identify the responsible parties, and help you obtain just compensation. Contact us today for a free consultation. You will not pay any attorneys’ fees until we recover for you.

Frequently Asked Questions

Can you sue if a self-driving car caused your injuries?

Yes. You may be able to bring a claim against the manufacturer, operator, or other responsible party, depending on the facts of the crash.

What if the car was in “autopilot” mode?

Liability depends on whether the driver was required to supervise the system and whether the technology malfunctioned. Both the driver and the manufacturer may be evaluated.

Are driverless cars legal in New Jersey?

Fully autonomous deployment is limited, but vehicles with advanced driver assistance features are legal and increasingly common. Liability rules still follow traditional tort principles.

How long do you have to file a lawsuit in New Jersey?

In most personal injury cases, the statute of limitations is two years from the date of the accident. Different rules may apply in certain situations.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.
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