• Written By Chris Dolan and Breanna K. Martinez

This week’s question comes from Mark from Walnut Creek, CA, who asks:

If a self-driving car were to leave the scene of an accident, how would this be handled legally? Would it be considered a hit-and-run? If so, who would be held accountable? 

Dear Mark,

Self-driving cars represent a frontier yet to be fully explored. Recent incidents, such as the tragic death of a Tesla employee in a fiery crash, believed to be the first fatality involving Tesla’s ‘Full Self-Driving’ mode, and reports of Waymo robotaxis colliding with a cyclist, a dog, and others, have understandably raised public apprehension about the proliferation of autonomous vehicles on our roads.

While the National Highway Traffic Safety Administration (NHTSA) reports that human error causes most car accidents, we should all arm ourselves with the information we need should we be involved in a collision with a self-driving vehicle. 

Regulations governing autonomous vehicles have been codified in California Vehicle Code § 38750, and several code sections in the California Code of Regulations. According to these code sections, manufacturers of self-driving vehicles must, among other things:

1. Ensure that their self-driving vehicles are operated by a licensed individual, either by being in the car or monitoring the vehicle remotely. With some self-driving taxi companies, for instance, there is typically no driver sitting in the driver’s seat of their self-driving cars. Instead, remote operators are available to assist if needed and can view what is going on inside and outside of the vehicle through several cameras.

2. Have an applicable insurance policy with at least $5,000,000 in coverage and keep valid proof of insurance within the vehicle.

3. Submit a law enforcement interaction plan that details how to interact with the manufacturer’s autonomous vehicle in the event of emergency and traffic enforcement situations, that must include, at minimum, the following information:

• How to communicate with the remote operator.
• Where, in the vehicle, to obtain owner information, vehicle registration, and proof of insurance. 
• How to safely remove the vehicle from the roadway.
• How to recognize whether the vehicle is in autonomous mode, and if possible, how to safety disengage it.
• How to detect and ensure that the autonomous mode has been deactivated.
• How to safely interact with electric and hybrid vehicles; and
• Any additional information the manufacturer deems necessary regarding hazardous conditions or public safety risks associated with the operation of the autonomous vehicle.  

4. Report any collision to the Department of Motor Vehicles within 10 days following the collision.

First, move to a safe location, assess yourself and any passengers for injuries, and call 911. Once law enforcement arrives, they should follow the plan that they have in place regarding how to interact with the autonomous vehicle. 

Second, document everything that you can. Capture photos of your vehicle, the self-driving vehicle, the collision scene, and any injuries. Be sure to note the make and model of the self-driving vehicle, the license plate number, and any other identifying information, and provide all information to law enforcement once they are on the scene. 

Third, report the collision to your insurance company. If you have collision coverage on your auto policy, you should be able to complete vehicle repairs relatively quickly. However, you should avoid giving a statement or contacting any insurance company for the self-driving vehicle. It is best to retain an attorney who can advocate on your behalf, as attorneys are better equipped to understand the legal issues involved in your claim and to ensure that the insurance company does not use something you’ve told them against you.

Self-driving vehicles are typically equipped with technology that would prevent a “hit and run” situation (i.e., the vehicle sends out an alert following the collision, and a remote operator keeps the vehicle at the scene and/or disables it, as was done here), but it is always possible. Follow the above steps if you’re involved in a “hit and run” collision with a self-driving vehicle., you should follow the steps above. It’s key to document what you can about the vehicle involved in the collision to ensure you can adequately report it to law enforcement and ultimately open a claim.

Additionally, self-driving vehicles always have audio and video continuously recording and are mandated by California law to have a mechanism to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs that the manufacturer must preserve for three years following the collision. This will ultimately assist you should you decide to pursue a claim for injuries or property damage sustained due to the collision, hit-and-run or not.