Self-Driving Car Accidents in New York City: Who’s Liable?

 Posted on October 15, 2025 in Business Law

As self-driving cars increasingly share New York City's crowded streets with human drivers, pedestrians, and cyclists, the question of responsibility in the event of an accident is becoming more complex. From Tesla vehicles in "full self-driving" mode to cars equipped with adaptive cruise control, the city known for dense traffic and constant motion is struggling to determine who is responsible for these auto accidents.

Determining liability in a self-driving car accident requires a deeper dive into evolving federal safety standards, state negligence laws, and cutting-edge technology. Questions regarding software error, driver negligence, and product liability can collide following an accident with a self-driving car.

If you are a victim injured in one of these accidents, an experienced Metro New York car accident attorney can help you understand how New York law (which is still built around human conduct) applies in a world that is increasingly filled with machine-made decisions. Your personal injury lawyer understands the law and will fight for full recovery on your behalf.

How Semi-Autonomous Driving Has Increased in Metro New York

There are many vehicles on the market today that offer advanced driver assistance systems (ADAS) in the form of electronic technologies that help drivers with vehicle operation, reduce human error, and improve road safety. These systems help with tasks like staying in one’s lane, avoiding collisions, and parking through automatic emergency braking, lane-keeping assistance, and adaptive cruise control.

ADAS, through sensors, cameras, and software, may warn a driver of a hazard (through visual or audible cues) or intervene by applying the brakes or steering away from a crash. Tesla Autopilot, GM Super Cruise, and Ford BlueCruise are just a few of the vehicles with ADAS. New York was actually the first state in the nation to require a licensed driver’s hands on the wheel during autonomous testing, and DMV testing regulations still restrict full driverless operation in most boroughs.  

What Are the Most Common Causes of Autonomous Car Accidents?

There are a number of issues that can occur in an autonomous vehicle, including:

• Software failure
• Drivers who assume the system can and will react to unmarked lanes, cyclists, or jaywalkers
• Sensor failure, causing LIDAR or the car’s camera to misread due to rain, city lighting, or glare
• Improper maintenance of the autonomous systems
• Failure to install firmware safety updates
• Human drivers override automation at the wrong time or ignore alerts.

Who’s at Fault for an Accident Involving a Self-Driving Car?

New York Law treats the human being behind the wheel as the operator of record, even when Autopilot is engaged. There could be a potential claim under product liability for failure to warn, defective design, or malfunctioning driver-assist systems. Auto repair shops or software update providers who fail to recalibrate sensors following service could be liable for an accident.

In some cases, poor road markings or malfunctioning traffic signals may have contributed to system errors, resulting in a claim against the City of New York under General Municipal Law Section 50-e. Evidence in these cases requires black box and data retrieval, along with software logs and proof of any updates.

Video footage, such as TeslaCam, Dashcam, or street surveillance footage, can establish driver involvement, and engineers or human-factor experts can interpret AI decision data for juries unfamiliar with automated systems.

New York Law Challenges for Self-Driving Vehicle Accidents

Under comparative negligence, injured parties can still recover, even if partially at fault, but automation will definitely complicate percentage assignments. Many insurers still treat automation failures as driver negligence rather than product defects. While no-fault coverage (PIP) applies, recovery for pain and suffering requires meeting the "serious injury threshold."

Contact a Metro New York Personal Injury Lawyer

If you have been injured in an accident involving a self-driving or semi-autonomous vehicle, determining fault can be complex. Consulting with a Metro New York Area car accident attorney from Ivey, Barnum & O'Mara, LLC provides you with the best chance of a positive outcome. Our attorneys are actively involved in civic and charitable organizations and have served in many positions, including the U.S. Congress, the Senate, and as Probate Judge. To schedule your free consultation, call 203-661-6000.