Law Report If a self-driving car crashes, who is liable?
Oct 7, 2025
Brian Walker-Smith, a lawyer and engineer specializing in automated driving law, joins Michael Hopkins, CEO of the National Transport Commission. They dive into the complexities of liability in accidents involving driver assistance technologies. Brian clarifies the SAE automation scale and discusses recent Tesla litigation trends, while Michael outlines Australia's evolving laws for autonomous vehicles. The conversation highlights who bears responsibility in crashes and the future of transport regulations as driverless cars become a reality.
AI Snips
Chapters
Transcript
Episode notes
Clear Division Between Assist And Autonomous
- Driving automation splits into assistance (levels 1–2) and autonomous driving (levels 3–5).
- Level names matter because they determine who must remain responsible for driving.
California Crashes Led To Settlements
- Tesla settled multiple California personal injury cases involving Autopilot after lengthy litigation.
- One crash killed a 15-year-old passenger when a Tesla rear-ended another vehicle allegedly with Autopilot engaged.
Liability Isn’t An Either/Or Question
- Liability is not binary; criminal, civil and administrative responsibilities can co-exist.
- Multiple parties can bear simultaneous blame: drivers and automakers can both be responsible.