Who’s at Fault in a Collision Between a Human Driver and an Autonomous Vehicle in Las Vegas?

Autonomous vehicles (AVs) have become more common on Las Vegas streets in recent years. An unexpected consequence of this trend? The rules around who’s at fault in a crash are becoming harder to pin down. These aren’t just typical car accidents; self-driving vehicles bring unique legal challenges involving system failures, software decisions, and shifting responsibility between drivers and manufacturers.

If you’ve been injured in an accident involving an AV, knowing how Nevada law applies and who might be liable is essential for protecting your rights.

Understanding Fault in Self-Driving Car Accidents

Determining who is at fault in an AV-related accident depends on several factors. In many cases, more than one party may be responsible.

Key Parties Who May Be Held Liable

Determining who is responsible for an accident involving a self-driving car requires examining multiple layers of responsibility. Depending on the facts of the case, one or more of the following parties may be held legally liable.

Human Driver

Human drivers often have a legal duty to stay alert and take control when necessary, even in vehicles equipped with autonomous features. If the AV was operating in partial automation mode—or if the system prompted the driver to intervene and they failed to act—they may be held responsible.

For example, maybe a driver was distracted or under the influence. As a result, they ignored a system alert to take over. They might be considered negligent in these circumstances. In such cases, the human driver’s failure to act may have directly contributed to the crash.

Vehicle Manufacturer

Vehicle manufacturers are legally obligated to ensure their products are safe for public use. Suppose a malfunction in the AV’s hardware, such as brake failure, faulty sensors, or power system defects, led to the accident. In that case, the manufacturer may be liable under Nevada’s product liability laws.

Courts may examine whether the design was defective, whether the vehicle was tested correctly, or whether any recalls had been issued before the crash occurred. Holding the manufacturer accountable typically involves technical analysis and expert evaluations.

Software Company or Developer

Autonomous vehicles rely heavily on software algorithms to make real-time decisions. Examples of such decisions include when to brake, swerve, or yield. If a crash results from a poor software decision, such as failing to recognize a pedestrian or misjudging traffic flow, the software developer could be responsible.

The company that developed the AV’s operating system may be liable, especially if the crash was linked to a programming flaw, outdated system, or failure to patch known issues. These cases often involve digital forensics and reviewing lines of code or decision logs.

Third Parties

In some situations, other individuals or entities may contribute to the crash. For instance, a poorly maintained roadway, a malfunctioning traffic signal, or a reckless third-party driver may shift liability away from the AV and its operator.

Examples of third-party liability include:

• A delivery truck parked illegally, blocking the AV’s sensors.
• A city agency failed to repair a traffic light, which was confusing.
• Another driver cut into the AV’s lane and triggered an unavoidable collision.

In these cases, partial fault may be assigned to outside parties based on Nevada’s comparative negligence laws.

Nevada’s Legal Framework for Autonomous Vehicles

Nevada is one of the first states to adopt laws allowing autonomous vehicles on public roads. These laws also establish how liability works when these vehicles are involved in accidents.

Key Regulations in Nevada

NRS 482A requires autonomous vehicles to meet strict performance and safety standards. In addition:

• AVs must be tested and certified before being used without a driver.
• Operators or companies must carry at least $5 million in liability insurance to cover accidents.

Nevada Revised Statutes Chapter 482A governs the use and testing of autonomous vehicles, ensuring that only vehicles meeting safety requirements operate on state roads.

These requirements help ensure accountability in the event of a collision involving an AV.

How Comparative Negligence Works in Nevada

Nevada uses a modified comparative negligence rule. This means more than one person or party can share fault for an accident.

What Is the 51% Rule?

According to NRS 41.141, an injured person may only recover damages if they are found to be less than 51% at fault. Their percentage of fault reduces any compensation.

For example, maybe you were hit by an autonomous vehicle. Perhaps you were also speeding at the time. A court may assign partial fault to you in these circumstances. If you were 30% at fault, your compensation would be reduced by 30%.

Why These Cases Are Technically Complex

Unlike traditional accidents, AV cases often require investigation into how the system “thought” at the time of the crash. Lawyers may need to request:

• Event data recorder (EDR) logs
• Camera and sensor footage
• Software version history
• Vehicle diagnostics and updates

These elements help determine whether the system malfunctioned, whether it operated as designed, or if the fault lies elsewhere.

Who’s Usually Held Responsible? (A Data Snapshot)

Based on available case studies and early legal trends, here’s a general view of how liability is currently assigned in AV accidents:

Frequently Asked Questions

Who is usually responsible for a self-driving car crash?

It depends on the facts of the case. Depending on what went wrong, responsibility could fall on the human operator, the manufacturer, the software company, or even a third party.

What should I do right after an accident with an AV?

First, make sure everyone is safe. Call emergency services, take pictures, gather witness info, and contact a lawyer familiar with autonomous vehicle claims.

Will my insurance cover an AV accident?

Most insurance policies apply. If a company operates the AV, its commercial policy may be the primary coverage.

What laws apply to self-driving cars in Nevada?

NRS 482A outlines the legal requirements for testing and using AVs. It also includes insurance mandates and safety standards for manufacturers.

Can I sue a tech company if their software caused the crash?

Yes, in some cases. If the accident resulted from a coding error or software decision, the developer or manufacturer might be held liable under product or software liability laws.

Are these cases usually settled, or do they go to trial?

Many AV-related accidents settle out of court. Complex cases involving technology or corporate defendants may require a full trial.

Final Thoughts: What to Know After a Self-Driving Vehicle Accident

If you’re involved in a crash with an autonomous vehicle in Las Vegas, don’t assume it’s a simple fender bender. These cases require a deeper look into what the car was doing, who was monitoring it, and whether the system was functioning correctly.

The legal system is new to autonomous vehicles, and holding the right party accountable may involve technical and legal investigations. Multiple paths of responsibility may apply, from product liability to comparative negligence.

The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.

If you’ve been injured in an accident involving an autonomous vehicle, Gina Corena & Associates is here to help you know your rights and explore your legal options under Nevada law.