Hit by a self-driving car in California? What to know about robotaxi crashes

The California DMV issues three kinds of autonomous vehicle permits: testing with a safety driver, driverless testing, and deployment. As of October 22, 2026, it lists three companies authorized for deployment:

• Waymo LLC, approved for driverless operation at all hours in DMV-approved areas, including parts of the Los Angeles area
• Mercedes-Benz Research & Development North America, approved for daytime use on freeways and highways in the Bay Area, Los Angeles, Sacramento, and San Diego, and on Interstate 5 and Interstate 15 between the Los Angeles area and Nevada, at speeds up to 40 mph, except in conditions such as heavy fog, snow, or flooded roads
• Nuro Inc., approved in San Mateo and Santa Clara counties

Separately, the California Public Utilities Commission (CPUC) runs the programs that allow companies to carry passengers in autonomous vehicles, with or without a safety driver. As of October 2026, Waymo is the only company with CPUC approval to charge fares for driverless rides, including in parts of the Los Angeles area.

Usually not. Vehicle Code section 38750 defines an autonomous vehicle as one that meets SAE Level 3, 4, or 5, meaning it can drive without a human actively controlling or monitoring it. The law specifically excludes driver-assist features such as automated emergency braking, park assist, adaptive cruise control, and lane keep assist.

The statute also defines the “operator” of an autonomous vehicle as the person in the driver’s seat, or, if no one is in the driver’s seat, the person who causes the autonomous technology to engage. That definition matters when the question is who was in control.

Yes, to more than one regulator. The California DMV requires companies with autonomous vehicle testing or deployment permits to send it the crash reports they file with NHTSA for crashes in California, under rules that took effect April 28, 2026. The DMV links to an online dashboard, run by UC Berkeley, that maps reported autonomous vehicle crashes in California.

At the federal level, NHTSA’s Standing General Order requires identified manufacturers and operators to report certain crashes involving automated driving systems and Level 2 driver-assist systems. NHTSA first issued the order in 2021 and amended it in 2021, 2023, and 2025.

Those reports, along with the vehicle’s own camera and sensor data, can become important evidence. California law requires a self-driving car to capture sensor data from at least 30 seconds before a collision, and that data must be kept for three years after the crash (Vehicle Code section 38750).

Two California rules took effect on July 1, 2026, on top of the new crash-reporting rules above:

• Notices to the company. Since July 1, 2026, police can issue a “notice of autonomous vehicle noncompliance” when a self-driving car is alleged to have violated the Vehicle Code, and the company must send it to the DMV within 72 hours (Vehicle Code section 38752). A notice does not, by itself, mean the vehicle is unsafe.
• Emergency response. Since July 1, 2026, companies running self-driving cars with no human operator inside must keep a 24/7 emergency line answered within 30 seconds and a two-way voice device in each vehicle (Vehicle Code section 38751).

It depends on the facts, and there may be more than one responsible party:

• The company operating the vehicle, which controls how it drives and is maintained.
• The manufacturer of the vehicle or its autonomous technology, if a defect caused the crash. That can bring product liability law into play.
• A human driver, if another car caused the crash, or if a person was supposed to be in control.

California law requires an autonomous vehicle manufacturer to carry $5 million in insurance, a surety bond, or proof of self-insurance (Vehicle Code section 38750). Evidence the company controls, such as sensor logs and video, should be preserved early.

• Get medical care and call the police so there is an official report.
• Photograph the vehicle, including any company name, vehicle number, or roof sensors, and the scene.
• Note whether anyone was in the driver’s seat, and get witness names and numbers.
• Don’t sign anything or give a recorded statement to the company or its insurer before getting legal advice.
• Watch the clock. Most California injury claims must be filed within two years (Code of Civil Procedure section 335.1). If a city or other public agency may share responsibility, a written claim generally must be presented within six months (Government Code section 911.2).

Crashes are still common on ordinary roads: NHTSA crash records show 726 fatal crashes in Los Angeles County alone in 2024.

• Autonomous Vehicle Permit Holders (California DMV)
• Autonomous Vehicles (California DMV)
• Standing General Order on Crash Reporting (NHTSA)
• Autonomous Vehicle Passenger Service Programs (California Public Utilities Commission)
• Vehicle Code section 38750 (California Legislative Information)
• Vehicle Code section 38751 (California Legislative Information)
• Vehicle Code section 38752 (California Legislative Information)
• Autonomous vehicle reporting requirements, AVIM 2026-001A (California DMV)
• Autonomous vehicle program permits issued (California Public Utilities Commission)
• Autopilot investigation EA22-002 closing report (NHTSA)
• Government Code section 911.2 (California Legislative Information)
• Code of Civil Procedure section 335.1 (California Legislative Information)
• NHTSA FARS fatal crash data by county, 2019 to 2024 (Probative), CC BY 4.0

If you or someone you love was hurt in a crash involving an autonomous vehicle, the car accident lawyers at Wilshire Law Firm can review what happened in a free case review with a legal professional, available 24/7, with no fees unless you get paid.

This article is a general overview of fast-changing rules, not legal advice. The facts of each crash matter, and reading this does not create an attorney-client relationship. Contact Wilshire Law Firm to talk through your crash.