We see a lot of interesting things on the streets of Louisiana, and some we wish we didn’t see. One of the most unusual sights is something you can’t see, even if you have 20/20 vision: who’s actually driving the vehicle next to you.

Full Self-Driving (FSD) technology is no longer a concept. While most vehicles aren’t fully autonomous yet, they are advanced enough to raise the question of who is responsible when they’re involved in an accident.

Most “self-driving cars” are what you’d call driver-assist (Level 2). In these instances, someone is behind the wheel. In the event of an accident, they are usually still on the hook. While they may be checking their email, makeup, or social media, these drivers are still expected to stay alert and take over if needed.

As technology evolves, so do the risks. Services like Tesla’s Robotaxi service are now available in Houston and Dallas and are making their way to Austin. Early reports during the launch phase have noted 14 fleet-logged accidents and several documented instances of erratic driving.

When an accident involves a driver-assist or self-driving system, the cause isn’t always human error. In some cases, the issue involves the vehicle’s driving systems misreading a situation, software, or sensor issues. 

In these instances, liability can include the manufacturer, the software developer, and the company operating the vehicle. These cases go beyond who was driving; they’re looking at what went wrong.

This new world of tech is expanding the data collection phase beyond just eye witness testimony. We now have to review camera footage, sensor readings, and system logs to further determine what the car “saw” and how its systems reacted. And unlike most witnesses, it doesn’t forget.

The companies operating self-driving vehicles typically carry a commercial insurance policy, which often includes higher limits designed to cover tech-related malfunctions. Accidents involving a personal driver will be covered by the driver’s personal policy.

Technology is evolving quickly, and the legal system is working to keep pace. Whether it’s a person behind the wheel or an operating system, accountability still matters.

While the tools we use may be new, the fundamental fact-finding process remains the same. It still takes someone willing to dig through the details and data to build a compelling case that tells the whole story, not just what the system says happened.