Crashed while using Tesla Autopilot or FSD? Your rights as a driver or passenger
Many drivers use features like Tesla Autopilot and Full Self-Driving (Supervised), GM Super Cruise, or Ford BlueCruise. These are driver-assist systems, and the driver is expected to remain attentive. But if a system behaved unexpectedly, for example phantom braking, failing to detect a stopped vehicle, or steering out of a lane, the driver and passengers may have questions about their rights.
The driver is not automatically the only one responsible
Even with a supervised system, responsibility can be shared. Under product liability law, a manufacturer may be responsible if a design defect, manufacturing defect, or inadequate warning or instructions contributed to an injury. Other drivers, road conditions, or repair work can also play a role. Each case turns on its facts.
Passengers have rights too
If you were a passenger in a car using driver-assist, you may have claims against the driver’s insurance, other drivers, and potentially the manufacturer.
Protect the evidence
- Don’t let the car be repaired, salvaged, or sold before getting advice. The vehicle and its stored data can be important evidence.
- Save dashcam or Sentry Mode footage (Tesla stores clips on the USB drive) and back it up.
- Write down what you remember about which features were on, any alerts, and how the car behaved.
- Keep your insurance claim number, police report, and medical records.
Be careful what you say
Statements to insurers or posts online about whether you were “paying attention” can be used later. It’s okay to be honest; it’s also wise to get advice before giving a recorded statement.
For more, see who may be liable in a driver-assist crash and what to do after a self-driving crash.
Have questions about your situation? An attorney can review the facts with you for free and with no obligation.
General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.
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