Autonomous & Autopilot Accident Overview

Holding Tesla, Waymo, and Tech Giants Accountable in California and Texas

Self-driving cars aren’t science fiction anymore. They’re on our streets in San Jose, Los Angeles, Austin, and Houston. And when they crash, someone must be held responsible.

In California, under Vehicle Code §38750 and DMV regulations, autonomous vehicles may operate on public roads only with the proper permits, safety compliance, and proof of financial responsibility. The DMV can suspend or revoke permits if companies violate safety or crash-reporting rules.

Under Texas Transportation Code §545.454, autonomous vehicles may operate statewide without a human driver if they comply with traffic laws and carry the required insurance. Transportation Network Companies (TNCs) must also provide up to $1,000,000 in liability 

What Counts as an “Autonomous” or “Autopilot” Crash?

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Why These Cases Are Different

  • Federal safety actions: Following a multi-year investigation, Tesla recalled ~2.03 million vehicles to add stronger driver-monitoring controls for Autopilot misuse. The NHTSA continues to scrutinize the effectiveness of the remedy (Part 573 Safety Recall Report 23V-838 | NHTSA).
  • Robotaxis on the street: Waymo now runs rider service with Uber in Austin (initially ~37 sq. miles) and has been expanding coverage in 2025 (Waymo is now available exclusively on Uber in Austin | The Verge)
  • Enforcement and accountability issues: California suspended Cruise’s driverless permits after a 2023 incident involving the dragging of a pedestrian; NHTSA penalized Cruise for incomplete crash reporting and later closed its larger investigation after recalls and shutdowns (DMV Statement on Cruise LLC Suspension).

Who Can Be Held Liable?

These cases often involve multiple defendants, and we use that as leverage. For example:

  1. Product liability (strict liability & negligence): AV developers and automakers (e.g., software logic, sensor suites, braking/steering, failure to warn). Evidence can include recall records, disengagement data, and SGO crash reports.
  2. Transportation Network Companies (TNCs): When an AV ride is hailed through an app, Texas requires specific insurance tiers, including $1,000,000 coverage during active rides. California imposes its own TNC insurance framework (INSURANCE CODE CHAPTER 1954. INSURANCE FOR TRANSPORTATION NETWORK COMPANY DRIVERS).
  3. Operators/fleet entities & maintenance vendors: For deployment practices, remote ops/roadside assist, and failure to remove unsafe vehicles from service (Title 13, Division 1, Chapter 1 Article 3.7 – Testing of Autonomous Vehicles § 227.00)

What Compensation Can I Get In an Autonomous & Autopilot Accident?

If you were injured in a crash involving Tesla Autopilot, Waymo, Cruise, or another self-driving system, the damages you can recover are similar to those of other serious motor vehicle accidents. However, proving liability often requires showing whether the crash stemmed from defective technology, negligent operation, or both.

California

Under California personal injury and wrongful death law, injured people may seek both economic and non-economic damages (Cal. Civ. Code §1431.2). That includes:

  • Medical expenses (past and future, including rehab and long-term care)
  • Lost wages and diminished earning capacity
  • Property damage
  • Pain, suffering, and loss of enjoyment of life
  • Wrongful death damages for surviving families, such as loss of companionship and funeral expenses (Cal. Civ. Proc. Code §377.60)

California also requires companies testing or deploying autonomous vehicles to carry proof of financial responsibility or insurance as part of their DMV permits, meaning there should be coverage in place to pay claims (Autonomous Vehicles - California DMV).

Texas

In Texas, crash victims may recover compensatory damages for:

Wrongful death claims may also be brought under Tex. Civ. Prac. & Rem. Code §71.004.

When an autonomous vehicle is being used as part of a rideshare trip, Texas law requires Transportation Network Companies (TNCs) like Uber, Lyft, or Waymo to provide at least $1,000,000 in liability coverage during active rides (INSURANCE CODE CHAPTER 1954. INSURANCE FOR TRANSPORTATION NETWORK COMPANY DRIVERS).

That coverage can be critical in ensuring victims receive full compensation.

Punitive Leverage

Both states allow punitive damages when companies act with conscious disregard for safety, such as:

  • Deploying unsafe AV software
  • Failing to remove vehicles after repeated crashes
  • Concealing risk data
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Why Choose The Swanson Law Group?

Taking on autonomous vehicle and driver-assist crash cases requires a strategic approach, resources, and experience in fighting corporations that would rather hide behind algorithms than take responsibility. At The Swanson Law Group, we know how to expose the failures in self-driving technology and hold the companies behind it accountable in court.

Our focus is on preparation and leverage. We collect vehicle data, regulatory filings, and safety records the moment we take your case, building a foundation so strong that insurers and tech companies know they can’t escape responsibility. That level of preparation gives us the edge in negotiations and, when necessary, in the courtroom.

We also understand what’s at stake in your life beyond the legal battle. A serious injury doesn’t just create medical bills; it disrupts your future. That’s why we stay with you every step of the way, ensuring you have the support, resources, and a team that treats you like family.

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Autonomous & Autopilot Accident FAQs

Are these vehicles legal on public roads?

If a Tesla on Autopilot hit me, can Tesla be liable or just the driver?

What if it was a Waymo/Uber robotaxi? Who pays?

Did regulators really suspend an AV program over safety?

Do I need a lawyer familiar with AV data and regulations?

How do fees work?

Are these vehicles legal on public roads?

Yes—within each state’s framework. California regulates testing/deployment via DMV and Vehicle Code; Texas permits driverless operation statewide under §545.454.

If a Tesla on Autopilot hit me, can Tesla be liable or just the driver?

Both may be in play. NHTSA’s recall targeted the risk of Autopilot misuse; we analyze whether the system’s controls were adequate and whether drivers were allowed to use it outside its design domain.

What if it was a Waymo/Uber robotaxi? Who pays?

We pursue product and operational claims against the AV company and enforce TNC insurance (e.g., $1M during the ride in Texas) to maximize recovery.

Did regulators really suspend an AV program over safety?

Yes. California suspended Cruise’s driverless permits after a pedestrian-dragging crash; NHTSA later fined Cruise for incomplete reporting and then closed its broader probe following recalls and shutdowns.

Do I need a lawyer familiar with AV data and regulations?

Absolutely. These cases turn on logs, software versions, design domains, and regulatory filings (e.g., Standing General Order reports, DMV records). We collect and decode that evidence.

How do fees work?

Our fees are contingency-based, so you pay nothing unless we win your case. This means you can pursue compensation without any upfront costs.

Ready to Fight Back?

With offices in California and Texas, a 24/7 bilingual team, and decades of combined trial experience, The Swanson Law Group is positioned to lead these complex, high-stakes cases. When you partner with us, you gain more than just a lawyer; you gain a team committed to your health, your case, and your pursuit of justice. Contact us today to book your consultation and learn more.

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