Who’s Liable in a Collision with an Autonomous Vehicle? ...Middle East

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As semi-autonomous cars and AI-assisted driving technologies begin to appear on Colorado roads, Denver drivers should be aware of the liabilities that may accompany these promising innovations.

Driver assistance technology is available in many modern consumer cars, which often offer automated features such as adaptive cruise control and lane assist. And while they’re not yet available for regular consumer purchase, semi-autonomous cars, such as Waymos, are hitting the streets in cities like Denver, offering passengers a ride without a driver.

While exciting, these new tools also create new legal and safety considerations. Autonomous driving tools often mean safer roadways for drivers and pedestrians alike, but semi-autonomous cars are still involved in collisions, raising legal questions about who’s liable for the damages.

“I’m excited about the advancement in technology…I think it just needs to be properly regulated so that we’re not passing the buck onto the taxpayers, and we’re having the same personal responsibility that we all take when we get a driver’s license, and we get on the road,” said Stephen Burg, an experienced Denver accident attorney and award-winning Burg Simpson shareholder.

What Is Autonomous Vehicle Technology?

Fully autonomous, AI-powered vehicles, also called “robotaxis,” are just that: fully remote. Passengers do not have to operate the vehicle, and the vehicles offer paid commercial rides in cities like Denver.

The vehicles, however, do use remote assistance agents to help in complex and ambiguous situations, though the agents are not directly driving the cars. In addition, the vehicles can only operate within a specific operational domain.

According to CBS News, Waymo announced its Denver launch in fall 2025, with support from Gov. Jared Polis and Mayor Mike Johnston. The article noted that Waymo plans to roll out its service in phases and that it has developed technology to handle the harsh winter conditions that are possible in the Mile High City — its first test of this technology, as the company currently only operates in cities with milder weather.

On a lower level of autonomy is your personal car, which may have a system that stops the vehicle if it senses you’re not braking quickly or steers you back into your lane if you start drifting.​

​These automated tools also promise greater road safety. Waymo reports fewer serious crashes in its vehicles than in traditional cars, while the National Highway Traffic Safety Administration notes that driver assistance systems can help drivers anticipate and avoid road hazards.

“I’m not going to say that these advancements and safety features haven’t been helpful, because they have, but everybody has to remember: It doesn’t alleviate their obligation as the driver,” Burg said.

The risk of a crash or collision comes with any vehicle, no matter how advanced.

Who Is Accountable?

When cars with AI driving technology do get into crashes, who’s at fault?

In most car accidents, the liability conversation is often fairly straightforward: There are two drivers who may share different levels of responsibility with each other and the car manufacturer.

Autonomous technology raises questions about the manufacturer’s liability; now, legal experts must consider whether a technology malfunction or misrepresentation contributed to the accident. Burg said regulators also have to think about how to set licensing and insurance requirements for autonomous vehicles.

Policymakers and legislators are still grappling with many of these questions today as they begin to examine actual cases, such as a landmark 2025 verdict that found Tesla partially responsible for a fatal collision involving its Autopilot technology.

While that verdict went against the car manufacturer, the autonomous vehicle lobby is currently pouring millions into its push to advance the industry and shape the legal frameworks around these cars.

Some of those lobbyists are seeking immunity for AI-powered and semi-autonomous vehicles, Burg said, noting that when manufacturers and their vehicles aren’t held accountable, everyday people suffer.

“In an area where you have significant crashes that take place, especially with the current technology, there needs to be accountability,” he said. “We can’t have a case where unfortunately, you were hit by an AI vehicle or self-driving vehicle, and now you’re going to lose your house.”

Burg also noted that it’s critical to hold insurance companies accountable when an at-fault driver or an autonomous vehicle causes a crash resulting in injury.

“Instead of the insurance company, after collecting premiums for years, being required to pay what it owes, immunity and other loopholes allow them to avoid accountability. They keep the money, and the responsibility they should have covered gets shifted onto taxpayers,” Burg said, adding that victims sometimes end up on public benefits due to job loss or significant medical bills.

“There are people who lose everything, and it’s no fault of their own,” Burg said.

That’s why it’s essential for car accident victims to call the seasoned team of personal injury attorneys at Burg Simpson.

How a Self-Driving Car Accident Attorney Can Protect Denver Drivers

If you want to protect yourself after an accident involving AI or autonomous driving technology, your first impulse should be to document the scene, if possible.

Whether you end up taking the case to court or are simply dealing with insurance, the more evidence and records you can gather from the scene, the better. You’ll also want to call an autonomous vehicle accident lawyer in Colorado with the experience and resources to take your case, Burg said.

“If you’re taking on an auto manufacturer and saying that their vehicle is defective, you’re basically saying their engineers and their technology is wrong. We have to prove otherwise,” Burg said. “With emerging AI technology and self-driving vehicles, we’re able to take on these companies and hold them accountable for people.”

While massive corporations can throw significant funding and teams of lawyers at cases like this, Burg Simpson has the strength to fight back. The firm not only has experience with automotive product liability cases, but it also has the resources to outlast automakers in drawn-out cases.​

“Calling our law firm, giving us an opportunity to get involved early and to assess the situation and see what we can document, maybe bringing in the right experts, is always going to be an advantage for the driver,” Burg said.

The news and editorial staffs of The Denver Post had no role in this post’s preparation.

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