Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Autonomous vehicles, or self-driving cars, are no longer a concept of the future. With technology advancing quickly and legislation evolving to keep pace, Oklahoma has already opened the door to these vehicles on public roads. But when an accident happens, the legal questions are anything but simple. Who’s at fault? What laws apply? Can you hold a software provider liable like you would a human driver?
This blog explores how liability works in autonomous vehicle (AV) crashes, what Oklahoma law says, and what injury victims need to know if they’re involved in one.
Autonomous vehicles operate using a mix of sensors, cameras, and decision-making systems to control braking, steering, and navigation. As they gain more control, the legal system must adjust.
Unlike traditional car accidents—where a driver’s negligence is usually to blame—AV accidents often involve more than just human error. Responsibility could lie with the vehicle’s technology, hardware, or the company that designed the system. That makes it harder to determine who is legally at fault.
There are different levels of vehicle autonomy, ranked from 0 to 5:
The more autonomous the car, the more likely liability shifts away from the driver.
In 2022, Oklahoma passed Senate Bill 1541, making it one of the early states to establish rules for autonomous vehicles.
Oklahoma Senate Bill 1541 allows autonomous vehicles to operate on public roads, provided they meet safety, insurance, and registration requirements.
This law requires AV operators to register with the Department of Public Safety, maintain appropriate insurance coverage, and follow traffic laws. It also clarifies who is considered the operator—whether a person or a company controlling the vehicle remotely.
While the law sets up basic protections, it does not provide detailed rules for liability. That still falls under personal injury and product liability law.
When a self-driving car is involved in a crash, figuring out who’s responsible depends on the vehicle’s automation level and how the accident occurred. If a person was supposed to oversee the car and failed to intervene, they may be liable. However, if the vehicle was fully autonomous, liability could shift to the company that built it.
Under Oklahoma’s comparative negligence law, your compensation may be reduced if you’re partially at fault—even in AV-related crashes.
AV systems also keep detailed data logs. These records can show what the vehicle saw, how it responded, and whether the system malfunctioned. Accessing that data is key, but manufacturers may try to keep it private.
Product liability law is becoming more relevant in AV crashes. If a defect in the vehicle’s sensors, cameras, or decision system causes a crash, the company that made or programmed it might be responsible. This is different from traditional crashes, where the focus is on driver error.
Fault in AV accidents often hinges on access to system decision logs, which manufacturers may withhold as proprietary.
These cases are treated like any other defective product claim—requiring proof that the vehicle or software was faulty and that the defect caused the injury.
Autonomous vehicles add new challenges to the insurance process. First, it’s not always clear whose policy applies. Is it the driver’s insurance? The manufacturer’s commercial policy? Or the fleet owners?
Due to their technology, AVs are also more expensive to repair. Even minor accidents can lead to high repair bills. Another significant issue is data access. Insurance companies may need diagnostic data to verify what happened, but if the manufacturer refuses to share it, delays and disputes can follow.
AV cases often rely less on witness testimony and more on technical evidence. Lawyers must gather data from the vehicle, work with expert witnesses, and evaluate software behavior.
Traditional evidence like police reports still matters, but now, courtrooms must also understand how systems make decisions in real time. This can make litigation longer and more expensive.
The National Highway Traffic Safety Administration reported over 400 crashes involving vehicles using automated driving systems between July 2021 and May 2022.
Factor | Traditional Vehicle Crash | Autonomous Vehicle Crash |
| Primary Liable Party | Human driver | Manufacturer, software provider, or operator |
| Type of Evidence | Police reports, eyewitnesses | Sensor data, AI logs, system decisions |
| Common Legal Theories | Negligence, reckless driving | Product liability, software defects |
| Insurance Claim Complexity | Moderate | High (due to tech involvement and data access) |
| Common Defenses | Human error | System override failure, third-party access |
Liability depends on the vehicle’s level of automation. If it required human oversight, the driver may be at fault. In fully autonomous crashes, the manufacturer or software provider could be responsible.
Yes. If a vehicle defect, design flaw, or software error caused the crash, you may have a valid product liability claim under Oklahoma law.
Yes. Senate Bill 1541 outlines insurance, registration, and operational guidelines for autonomous vehicles in Oklahoma.
AV data logs, system diagnostics, and expert analysis are crucial in establishing faults in these complex cases.
Coverage varies. If another party is at fault, their insurer may pay. However, if the AV malfunctions, the manufacturer’s commercial policy may be involved.
Multiple liable parties, inaccessible data, and the novelty of the technology in court settings can create legal and insurance complications.
As Oklahoma roads become home to more autonomous vehicles, the rules around liability and personal injury law are shifting. Crashes involving these vehicles can quickly evolve into complex legal cases involving manufacturers, software vendors, and multiple insurance carriers. Understanding your rights—and how to protect them—matters more than ever.
Graves McLain Injury Lawyers helps clients navigate these complex and evolving legal issues. If you’ve been injured in a crash involving a self-driving car, legal guidance can help you make informed decisions about your next steps.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
