The questions surrounding passenger responsibility in autonomous vehicle (AV) accidents are becoming increasingly common as fleets of driverless taxis join San Diego traffic. While self-driving vehicle technology companies promise safety, crashes still happen. Victims of AV accidents must have ways to secure compensation for financial, physical, and psychological harm. California laws are evolving rapidly to keep up with the demand for accountability.
Because California is an at-fault state that uses the comparative negligence principle, victims must bear the financial burden until they can prove that the plaintiff is liable. Claimants must also prove their own percentage of fault, which determines the amount of their compensation. Extensive investigations and prolonged negotiations are common in AV crash cases.
California Autonomous Vehicle Regulations
California’s DMV has issued new rules regarding autonomous vehicle operation and liability. Companies must apply for testing and deployment permits before any driverless vehicles are allowed on the road. From July 2026, Assembly Bill 1777 allows law enforcement officers to issue formal notices directly to manufacturers for AV traffic violations. Before the bill was passed, there was no way for officers to issue citations to cars without drivers.
Driverless cars must also be equipped with two-way communication so first responders can contact remote operators. In emergencies, instant contact with an operator can make a significant difference in how quickly crash scenes are cleared and police reports are prepared. Police reports are critical for victims to file claims and proceed with legal action. In addition, AVs must now have an identifying lamp turned on whenever driverless functions are engaged.
When driverless car crash passenger liability is under debate, incident reports play an essential role. To close the accountability gap, AV manufacturers must report incidents within 10 days. Quarterly reports must also be submitted containing all data about the fleet’s operations, accidents, sensor failures, software glitches, and updates. Victims may subpoena any AV data to support their claims and disprove unjust accusations.
Can Passengers Be Liable for Autonomous Vehicle Crashes?
Driverless taxis are intended to make people’s lives easier. Yet, when a crash happens, and the company tries to pin the blame on a passenger, it’s important to understand the logistics. A passenger can be at fault for an autonomous vehicle crash, but only in specific circumstances. If a passenger tampers with sensors, overrides safety features, ignores emergency alerts, or fails to intervene when required, they may share liability.
However, passenger liability applies only during the testing phase, when passengers must agree to terms and conditions acknowledging the unverified nature of AV safety. When a ride-hailing service has vehicles operating in fully driverless mode and approved by the DMV, liability shifts. Manufacturers and operators are primarily at fault, not passive passengers.
AV companies cannot argue that a passenger should have taken over, especially if the passenger is unlicensed, unable to drive, or underage. Furthermore, driverless operation should be suspended immediately in hazardous situations. Poor weather, prohibited areas, and locations with insufficient mapping data should never be navigated autonomously. Even when AVs have permits, there should always be a remote operator available to take over.
If vehicles were in the testing phase and passengers were aware of their responsibility to take over if necessary, liability can be more complicated. Attorneys and insurance adjusters will examine black box logs and call in experts to interpret complex data. Using sensor, camera, and operating system records, both sides will present evidence that demonstrates the percentage of passenger liability for the autonomous vehicle accident.
What Should Passengers Do After an AV Crash?
Anyone involved in an autonomous vehicle accident must first document their injuries. Whether you feel unharmed or not, you must seek medical attention as soon as possible. Medical documentation links your injuries to the incident, so there is no way to argue that the injuries were suffered from a separate situation. Then, collect and preserve any information connected to the accident, including medical bills, photos of the scene, and police reports.
At HHJ Trial Attorneys, we are used to companies that try to shift the blame to others who have significantly less responsibility. Our goal is to help AV crash victims secure fair compensation for their losses. Whether you contributed or not, you have the right to hold corporations accountable for negligence and unsafe operations. The process starts with evidence collection, then moves into negotiations and, if needed, third-party mediation.
Choose HHJ Trial Attorneys for Your AV Crash Case
At HHJ, we are committed to staying up to date with new bills and laws so that we can provide the best possible support to victims. We work on a contingency fee basis, meaning we won’t be paid unless your case is successful. While the AV crash law is still largely uncharted territory, we will not allow large companies to take advantage of San Diego citizens. We are here to protect your rights, prioritize your future, and help you fight for justice when you need help with autonomous vehicle passenger responsibility in California.
