The rise of autonomous vehicles on North Carolina roads has brought exciting advances in mobility and safety — but it has also introduced a new layer of complexity when accidents occur. As self-driving technologies become more common, legal professionals are being asked to navigate uncharted territory involving liability, automation failures, and shared responsibility between drivers and machines. At our Greenville accident law office, we’ve already begun handling cases that involve these emerging issues, developing legal strategies tailored to the evolving risks of semi-autonomous and fully autonomous vehicles.

Autonomous Vehicle Accident Liability

One of the primary focuses in addressing accidents involving self-driving vehicles is the determination of liability. Unlike conventional car accidents where human error often plays a central role, incidents involving autonomous vehicles introduce a myriad of factors to consider. Entities potentially responsible for the accident may include the vehicle manufacturer, the developer of the autonomous system, the owner or operator of the vehicle, or a combination thereof. Legal professionals must analyze the circumstances surrounding the accident to ascertain liability, taking into account factors such as the vehicle’s programming, adherence to safety standards, and the actions of human occupants.

Self Drive Vehicle Accidents Analysis of Evidence

Another critical aspect of handling accidents involving self-driving vehicles is the collection and analysis of evidence. While traditional methods of evidence gathering remain valid, such as witness statements and police reports, etc, additional layers of complexity arise in cases involving autonomous vehicles. Data from onboard sensors, cameras, and the vehicle’s operating system provide valuable insights into the events leading up to the accident. Car accident attorneys must possess the technical acumen to interpret this data effectively, reconstructing the sequence of events and identifying any malfunctions or errors in the autonomous system.

Regulatory Framework Governing Autonomous Vehicles

Moreover, understanding the regulatory framework governing autonomous vehicles is essential in litigating these cases. As self-driving cars operate on public roads, they are subject to a myriad of federal, state, and local regulations pertaining to safety, operation, and licensing. Legal professionals must stay informed about the evolving regulatory landscape, ensuring compliance with applicable laws and regulations while advocating for their clients’ rights.

Coordinating Investigations Involving Multiple Agencies

Additionally, effective communication and collaboration with various stakeholders are critical in addressing accidents involving self-driving vehicles. This may involve engaging with government agencies, industry regulators, and insurance companies to coordinate investigations and negotiate settlements. Advocating for accident victims and ensuring they receive fair compensation for their injuries and losses remains a top priority for a car accident attorney in these often complex cases.

Can Drivers Claim ‘No Fault’ For Accidents In Self Driving Vehicles?

There are many cases of accidents involving self-drive vehicles where the driver claims not to have contributed in any way to the actions of the vehicle leading up to the crash. And as autonomous vehicle numbers increase on our roads, so will the number of accidents reported. You can find statistics by visiting reputable websites like the National Highway Traffic Safety Administration (NHTSA), the Insurance Institute for Highway Safety (IIHS), or academic research journals. These sources regularly publish reports and studies on autonomous vehicle accidents, providing valuable insights and statistics. Simply visit their websites and search for relevant publications to access the most up-to-date information on this topic.

What Exactly Is A Self-Driving Car?

At this point we should consider what is a “self-driving” vehicle and look at some the of various nomenclature used to label these vehicles.

A self-driving vehicle, also known as an autonomous vehicle, is an automobile that is capable of navigating and operating itself without direct human input. These vehicles use a combination of sensors, cameras, radars, and artificial intelligence (AI) algorithms to perceive the environment, interpret road signs, detect obstacles, and make driving decisions.

There are several levels of autonomy in self-driving vehicles, as defined by the Society of Automotive Engineers (SAE) International:

1. Level 0: No Automation – The driver performs all tasks, and there is no automation in the vehicle.
2. Level 1: Driver Assistance – The vehicle can assist with specific tasks, such as steering or accelerating, but the driver must remain engaged and monitor the environment.
3. Level 2: Partial Automation – The vehicle can control both steering and acceleration/deceleration simultaneously under certain conditions, but the driver must still monitor the environment and be ready to take over at any time.
4. Level 3: Conditional Automation – The vehicle can handle most driving tasks in certain conditions, but the driver must be available to take control when requested by the system.
5. Level 4: High Automation – The vehicle can perform all driving tasks in specific conditions or environments without human intervention, but the driver may still need to take control in certain situations.
6. Level 5: Full Automation – The vehicle is capable of performing all driving tasks under all conditions without any human intervention. There is no need for a steering wheel or pedals.

The level of driver involvement varies depending on the autonomy level of the vehicle. In lower levels of automation (e.g., Level 1 or Level 2), the driver is actively involved in driving and must remain attentive to the road and ready to take control if needed. As the level of automation increases, the driver’s role diminishes, and they may only need to intervene in rare situations or emergencies.

In Level 5 vehicles, there is no driver involvement in driving tasks, as the vehicle is fully capable of operating itself in any situation. Instead, passengers can relax and engage in other activities while the vehicle handles all aspects of driving.

Can you see how the above might be confusing to the owner of a new vehicle? What exactly is my involvement requirement as a driver of the vehicle and how much responsibility am I able to hand-off to the vehicle’s technology? 

To compound the issue, there’s a myriad of terms used when describing these vehicles. One manufacturer alone has at least 10 terms associated with it’s self-driving vehicles:

• Tesla Autopilot
• Tesla Full Self-Driving (FSD)
• Tesla Enhanced Autopilot (EAP)
• Tesla Navigate on Autopilot (NOA)
• Tesla Driver Assist System (DAS)
• Tesla Advanced Driver Assistance System (ADAS)
• Tesla Automated Driving System (ADS)
• Tesla Autonomous Driving Capability (ADC)
• Tesla Self-Driving Technology (SDT)
• Tesla Autosteer

Understanding The Level Of Technology In Your Vehicle and Your Responsibility As The Driver

Understanding the level of automation in a vehicle can be challenging for drivers, as it often requires familiarity with technical terms and complex automotive systems. Many drivers may not fully comprehend the capabilities and limitations of their vehicle’s autonomous features, leading to confusion about their responsibilities while driving.

One issue arises from the fact that different vehicles may have different levels of automation, even within the same brand or model year. For example, one car may offer advanced driver assistance features that provide partial automation (e.g., Level 2), while another model from the same manufacturer may have more limited capabilities. This inconsistency can make it difficult for drivers to accurately assess the extent to which their vehicle can operate autonomously.

Compounding this challenge is the phenomenon of automation complacency, where drivers become overly reliant on autonomous features and underestimate the need for their continued attention and intervention. Some drivers may mistakenly believe that their vehicle is capable of fully autonomous operation, leading them to engage in distracting activities or even fall asleep behind the wheel.

It’s crucial for drivers to understand that, regardless of the level of automation in their vehicle, they are ultimately responsible for its safe operation. Even in vehicles with advanced autonomous features, drivers must remain attentive, keep their hands on the steering wheel, and be prepared to take control at a moment’s notice. Failure to do so can have severe consequences, including accidents, injuries, and legal liabilities.

To address these issues, automakers and regulators must work together to improve driver education and promote clear communication about the capabilities and limitations of autonomous technologies. This includes providing comprehensive training on how to use autonomous features safely and effectively, as well as implementing systems to alert drivers when their attention is required. Additionally, ongoing research and development efforts are needed to enhance the reliability and robustness of autonomous systems, reducing the likelihood of misunderstandings and errors on the part of drivers.

Therefore the chances of winning a case by claiming zero driver fault or liability for an accident, and claiming that autonomous vehicle technology was at fault, are quite low.

Let’s take a look at some of the accidents involving self-driving vehicles where the drivers claim not to have contributed to the accident:

• Rear-end Collisions: In situations where an autonomous vehicle abruptly stops or slows down unexpectedly, causing a rear-end collision, the driver may claim they were not in control of the vehicle’s actions.
• Intersection Collisions: Accidents occurring at intersections where the autonomous vehicle fails to yield or misjudges traffic flow might lead to claims by the driver that they were unable to intervene in time to prevent the collision.
• Pedestrian or Cyclist Collisions: If an autonomous vehicle fails to detect a pedestrian or cyclist in its path, resulting in a collision, the driver may argue that they couldn’t have prevented the accident due to reliance on the vehicle’s technology.
• Sudden Lane Changes or Swerves: Accidents caused by sudden lane changes or swerves by autonomous vehicles, possibly due to sensor malfunctions or misinterpretation of road conditions, could lead to claims by the driver that they were unable to override the vehicle’s actions.
• Malfunction-related Accidents: In cases where the autonomous vehicle experiences a mechanical or technological malfunction leading to an accident, the driver may assert that they were not at fault since they were relying on the vehicle’s systems to operate safely.

While claims may be made against the manufacturer of the vehicle using self-drive technology, often times it is determined that the driver was at fault.

When Self-Driving Vehicles Malfunction: Product Defects and Legal Liability

As autonomous and semi-autonomous vehicles become more common on North Carolina roads, new legal questions are emerging — especially when the vehicle itself, or its technology, is the likely cause of a crash. In many of these cases, the issue isn’t just driver error or poor road conditions — it’s a failure of the vehicle’s systems. This can include defective software, faulty sensors, inadequate braking automation, or flawed object detection systems. When that happens, the question becomes: is this a driver negligence case, or a defective product claim?

Under North Carolina law, a vehicle manufacturer can be held strictly liable if a defect in design, manufacturing, or warning contributed to the crash. In the context of self-driving cars, this means that if the automated driving system malfunctioned — whether by failing to brake, misjudging a hazard, or disengaging at the wrong time — you may have a valid product liability claim. These cases often require expert technical analysis to trace the failure and prove that the vehicle did not perform as a reasonably safe product should under normal conditions.

In addition to individual injury lawsuits, defective autonomous systems have also become the subject of large-scale class action litigation. Tesla, for example, has faced multiple class actions related to alleged failures of its “Autopilot” and “Full Self-Driving” (FSD) technologies — including lawsuits claiming the vehicles overpromised safety capabilities, lacked effective safeguards, and contributed to crashes. While many of these cases are ongoing, they highlight a growing trend: as autonomous vehicles hit the road, so do high-stakes legal battles over who’s accountable when the tech fails.

FAQ: Accidents Involving Autonomous Vehicles in North Carolina

1. Who is legally responsible if a self-driving car causes an accident?

Liability in autonomous vehicle crashes depends on the level of automation and the circumstances of the crash. In North Carolina, if the vehicle was under human supervision (as most currently are), the person in the driver’s seat may still be held responsible. However, if a malfunction in the vehicle’s software or sensors caused the crash, the manufacturer or software developer could also share liability.

2. Are autonomous vehicles even legal in North Carolina?

Yes, North Carolina allows the operation of autonomous vehicles on public roads, provided they meet certain state and federal requirements. However, the law is still evolving, and most vehicles on the road today still require human oversight, even when labeled as “self-driving.”

3. What should I do if I’m hit by a vehicle in self-driving mode?

Take the same steps as with any crash: ensure safety, call 911, document the scene, and seek medical attention. If the vehicle was operating in an autonomous mode, make note of that and mention it to your attorney. These cases are complex, and it’s critical to get legal help early. If the accident occurred in Eastern NC, our Greenville car accident lawyers can investigate whether technology or human error was to blame.

4. Can I sue a manufacturer if their autonomous technology caused the accident?

Yes, if a defect in the autonomous driving system contributed to the crash, you may be able to pursue a product liability claim against the vehicle’s manufacturer, software developer, or sensor supplier. These cases often require technical investigation and expert testimony.

5. What kind of evidence helps prove fault in a self-driving car crash?

Critical evidence may include dash cam footage, vehicle telematics data, braking logs, sensor activity, and eyewitness testimony. In self-driving cases, data from the car’s onboard computer (like Tesla’s Event Data Recorder) can show what the system did — or didn’t do — before impact.

6. What if the self-driving car was part of a rideshare or delivery service?

If the autonomous vehicle was part of a commercial operation, like a rideshare or delivery service, the company behind it could be held liable for any injuries caused by the vehicle or its systems. Our Greenville accident attorneys are familiar with holding large companies and insurers accountable in cases involving complex liability.

7. Are self-driving cars more dangerous in high-traffic areas?

Studies suggest autonomous systems struggle most in complex urban environments, where unexpected pedestrian movement, unprotected turns, or unpredictable traffic patterns exist. That’s especially relevant in places like Greenville’s accident hotspots, where traffic volume and visibility issues create extra risk.

8. What if both a driver and the autonomous system made mistakes?

North Carolina is a contributory negligence state, meaning if you’re even 1% at fault, you may be barred from recovering damages. However, fault can still be assigned to the driver, the tech manufacturer, or another party. An experienced attorney can help determine who should be held accountable and how to approach fault allocation.

9. Will my insurance cover injuries caused by a self-driving vehicle?

Yes, your uninsured or underinsured motorist coverage may still apply if the at-fault vehicle lacks adequate insurance. However, navigating claims involving autonomous systems is more complicated, and insurance companies often deny or delay these cases. Legal representation can make a significant difference.

10. How can I get help with a self-driving vehicle crash in Eastern North Carolina?

If you or a loved one has been injured in a crash involving an autonomous or semi-autonomous vehicle, our team is here to help. With offices across the region — including Greenville, New Bern, and Raleigh — Kellum Law Firm has the local knowledge and legal firepower to handle these cutting-edge cases. Request a free case review today and find out where your case stands.

When Things Go Wrong.

– An example of both vehicle and driver shortcomings is spotlighted in the tragic case of Jeremy Banner, who engaged Tesla’s Autopilot system while driving his Model 3 in Delray Beach, Florida, in 2019. Despite warnings to maintain attention and be ready to take control, Banner’s hands were not detected on the wheel as his vehicle approached a semi-truck. The Tesla collided with the truck, resulting in Banner’s death. His family sued Tesla, arguing that the company’s marketing of Autopilot led to a false sense of security. The National Transportation Safety Board (NTSB) investigation found Banner should have been attentive, but also criticized Tesla for allowing drivers to disengage. The case highlights the challenges in determining liability and regulating autonomous driving technology. The Washington Post provide an indepth reconstruction of this tragic case here, and this single incident highlights what happens when a driver apparently over-estimates the capabilities of his self-driving vehicle.

“Tesla did not respond to multiple requests for comment. In its response to the Banner family’s complaint, Tesla said, “The record does not reveal anything that went awry with Mr. Banner’s vehicle, except that it, like all other automotive vehicles, was susceptible to crashing into another vehicle when that other vehicle suddenly drives directly across its path.” Source Washington Post

Dealing with accidents involving self-driving vehicles demands a comprehensive approach that integrates legal expertise, technical proficiency, and regulatory knowledge. In navigating this complex terrain, car accident attorneys stand as indispensable resources for their clients. They employ important strategies to address the intricate legal challenges posed by autonomous transportation accidents. With a deep understanding of the evolving regulatory framework and the technical intricacies of self-driving technology, car accident attorneys play a crucial role in advocating for their clients’ rights and ensuring accountability in the aftermath of such accidents.

If you’ve been injured in a car accident, understanding the legal process can be just as important as seeking medical care. That’s why we created our in-depth Car Accident Legal Guide — a free resource designed to help North Carolina drivers navigate every stage of an auto injury claim. From the immediate steps you should take at the scene in After a Car Accident: The Critical Steps You Can’t Afford to Miss to understanding how insurance adjusters evaluate your claim in How Adjusters Decide What to Pay, we’ve laid out practical guidance at every step. You’ll also find valuable insights on the hidden factors that influence settlements, what to do if your claim is denied, and how to handle the final steps after a successful recovery. Whether you’re early in the process or trying to resolve a difficult case, these guides are here to help you make informed, confident decisions.