Can You Sue for Missing Anti-Collision Tech in Driverless Cars in California?

Self-driving cars were supposed to make the roads safer. They promised fewer crashes, fewer injuries, and fewer tragic losses caused by human error. But what happens when these cars don’t come equipped with essential safety features—features that could prevent accidents but were never included? If a driverless car lacks anti-collision technology and causes a crash, do you have the right to sue the manufacturer?

The short answer is yes, but these cases aren’t always straightforward. Let’s break down when and how you can hold car manufacturers accountable for missing safety technology in California.

Table of Contents

• Driverless Cars and the Safety Gaps
• Can You Sue Car Manufacturers for Missing Safety Technology?
• What You Need to Prove in a Lawsuit
• Are Automakers Required to Include Anti-Collision Technology?
• Suing Tesla or Other Automakers for Safety Tech Omissions
• What to Do If You Were in a Driverless Car Accident
• Frequently Asked Questions

The Rise of Driverless Cars and Safety Gaps

California has been at the forefront of autonomous vehicle testing, with San Francisco acting as a key battleground for self-driving car expansion. Companies like Tesla, Waymo, and Cruise have pushed the limits of what smart cars can do. But while some vehicles boast cutting-edge safety systems, others are missing critical features—like automatic emergency braking, pedestrian detection, or collision-avoidance sensors.

When a human driver neglects to check their blind spot and causes an accident, they’re liable. But what if a driverless car lacks the basic tech needed to prevent the crash? That’s where lawsuits against car manufacturers come in.

Can You Sue Car Manufacturers for Missing Safety Technology?

Car manufacturers have a legal duty to design and produce reasonably safe vehicles. If a manufacturer knowingly omits crucial safety features—especially when similar models include them—they could be held liable under product liability laws in California.

Lawsuits against car manufacturers for missing safety technology typically fall under:

• Defective Design – If a vehicle’s design lacks essential safety features that could have prevented an accident, the manufacturer may be responsible.
• Failure to Warn – If a company sells a self-driving car without properly warning consumers about the risks of missing anti-collision technology, they may be liable.
• Negligence – If the manufacturer had the ability to include safety features but chose not to, prioritizing cost-cutting over safety, that could be grounds for a lawsuit.

Real-World Examples: When Missing Tech Led to Disaster

Some of the most high-profile self-driving car accidents have been linked to missing or malfunctioning safety technology. For instance:

• Tesla Autopilot Crashes – Multiple crashes involving Tesla’s Autopilot system have been linked to its inability to detect obstacles, stopped emergency vehicles, or pedestrians. If anti-collision systems had been more robust, these accidents might have been avoided.
• San Francisco Driverless Car Incidents – Several autonomous taxis operated by Cruise and Waymo have been involved in dangerous situations, including stopping in intersections, failing to detect emergency vehicles, and failing to detect an individual thrown underneath the vehicle by another driver.
• Pedestrian and Cyclist Accidents – Some self-driving cars have struggled with recognizing pedestrians, particularly at night or in poor weather conditions.

When an accident happens due to a lack of necessary safety features, legal action may be an option for you to consider.

What You Need to Prove in a Lawsuit

If you were injured in an accident involving a driverless car, you might be able to sue the manufacturer. However, proving liability requires evidence. Here’s what you’ll need to establish:

• The vehicle lacked a reasonable safety feature – You must show that the car did not have commonly used anti-collision technology that could have prevented the crash.
• The missing feature contributed to the accident – You’ll need expert testimony or technical analysis demonstrating that the lack of safety tech directly caused or worsened the accident.
• You suffered damages – This could include medical bills, lost wages, pain and suffering, or other losses related to the crash.

Are Automakers Required to Include Anti-Collision Technology?

Currently, no federal law mandates that all self-driving cars include advanced anti-collision systems. While the National Highway Traffic Safety Administration (NHTSA) has issued guidelines on autonomous vehicle safety, there is no blanket federal requirement enforcing these technologies. Some driver-assist features, like automatic emergency braking (AEB), are becoming standard due to industry commitments, but full regulatory enforcement is still lacking.

California, however, has some of the strictest regulations on autonomous vehicles, requiring manufacturers to report disengagements (instances where human drivers must take over) and submit safety reports. Despite this, many vehicles still hit the streets without essential safeguards. If an automaker chooses to roll out cars without proper safety features, legal action may be the only way to hold them accountable.

Suing Tesla or Other Automakers for Safety Tech Omissions

Tesla, Waymo, Cruise, and other manufacturers of autonomous vehicles could face lawsuits if they fail to equip their cars with reasonable safety measures. Lawsuits against these companies could lead to:

• Compensation for accident victims – Covering medical expenses, lost income, and pain and suffering.
• Stronger safety regulations – Legal pressure could force automakers to include better safety features in future models.
• Product recalls or software updates – Some lawsuits have led to over-the-air software fixes or safety recalls.

What to Do If You Were in a Driverless Car Accident

If you were injured in an accident involving a self-driving vehicle, take these steps:

1. Get medical attention – Your health comes first. Even if injuries seem minor, get checked by a doctor.
2. Document everything – Take photos, gather witness statements, and note any unusual vehicle behavior before the crash.
3. Obtain the vehicle’s data – Autonomous cars log detailed driving data that can be crucial in proving your case.
4. Consult an attorney – These cases are complex, and an experienced attorney can help determine whether you have a valid claim.

<h2id=”contact”>Holding Car Manufacturers Accountable with LMS Law

Self-driving cars are meant to improve road safety, but when they lack essential collision-avoidance features, they can put lives at risk. If a driverless vehicle caused an accident due to missing safety technology, the manufacturer could be held responsible. As autonomous cars become more common, legal action may be necessary to push automakers toward safer designs.

At LMS Law, we know how complex these cases can be, and we’re dedicated to helping victims seek the compensation they deserve. Our legal team will handle the heavy lifting so you can focus on recovery. We offer free case evaluations to help you understand your options and the best path forward. Call us at (415) 400–7000 or contact us online to schedule a consultation. If you can’t come to us, we can meet you at home or in the hospital. Take the first step toward securing the compensation you may deserve by contacting us today.

The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at LMS Law if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

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