If you drive a newer car in California, there’s a good chance it has advanced driver assistance systems (ADAS). These cars come equipped with high-tech features like automatic emergency braking, adaptive cruise control or lane-keeping assist. In some cases, car companies may even market “hands-free” or “self-driving” features. But when a car with ADAS crashes, there is one big question: Who is legally responsible?
While ADAS aims to make California roads safer, it creates complex legal gray areas. Even when software handles speed or steering, it is much harder to tell who is at fault when a crash occurs.
ADAS is not fully autonomous
Advanced driver assistance systems are not fully autonomous. Consumer ADAS features like the ones in your car are designed to assist you while driving, not take over. Even if systems can control your speed and direction for short periods, you must be the primary driver.
The law expects you to adhere to normal driver responsibilities such as staying awake and monitoring the road. You must take over driving when needed. Your driver expectations matter because in many crashes, driver negligence remains a key factor in determining fault.
If you fail to exercise reasonable care when driving, courts can use that negligence as evidence against you in liability cases. Courts generally view ADAS as tools, not replacements, for drivers.
When tech fails
Fault can shift if the technology itself fails during a crash. This may fall under “product liability” if the system does not perform its main functions. If your car’s software makes a dangerous move, or the sensors fail to see an object, a court may hold the manufacturer liable. Here are the main ways manufacturers may be liable for car accidents:
- A manufacturing defect: The manufacturer used a specific car part (such as a car sensor or camera) that is defective, damaged or improperly installed
- A defective system design: There is something inherently dangerous about your car’s ADAS system (such as sensors that cannot recognize moving vehicles)
- A failure to warn: Manufacturers must warn users of known system limitations. Failure to provide adequate safety instructions or warnings about known risks can hold companies liable under product liability law.
Under California’s comparative fault laws, liability isn’t always all-or-nothing—a jury can assign a percentage of fault to both an inattentive driver and a vehicle manufacturer.
Using ADAS responsibly
To avoid ADAS-related crashes, you may simply need to change your mindset. Technology is a tool, not a replacement for a human driver. While state laws are still changing, insurers and law enforcement usually hold you responsible first in a crash.
If you are facing liability cases involving cars with ADAS, the legal landscape may be too complex to handle alone. You may wish to consult with a professional specializing in California vehicular law to clarify your legal options.