Oct 03, 2025 in News Legal News

Legal News: Self-Driving Cars and Liability: Who’s at Fault in an Autonomous Vehicle Accident in Ontario?

It was previously just a science fiction idea that cars could drive themselves. But now, the technology for self-driving cars (AVs) is no longer just a dream for the future. Automakers and software companies are putting cars with different levels of automation on the road to test how they work. The rise of self-driving cars is thrilling because they might make roadways more efficient. But it also raises new and hard legal issues.

People in Ontario are most anxious about who is at fault when self-driving cars crash. Who is to blame if a car that drives itself crashes? The person who drove the car, the person who made it, or the person who created the software? What does Ontario's legislation say about claims like this?

What Ontario's Laws Say About Self-Driving Cars

As part of a stringent trial program, Ontario is one of the first Canadian provinces to let self-driving cars drive on the road. The Ontario Ministry of Transportation's Automated Vehicle Pilot Program makes it clear that there must be a human driver who can take over if something goes wrong. This shows how careful the government is when it comes to trying out new ideas and making sure everyone is safe at the same time.

At the moment, Ontario law doesn't say who is at fault when a self-driving car crashes, but the regulations for car accidents and harm to people still apply. If you were injured in a crash involving a self-driving car, liability will still be assessed under existing rules, including negligence laws and programs like the Motor Vehicle Collision Claims Fund.

Who Would Be Responsible If A Self-Driving Car Crashed?

In most cases, one driver is to blame for an automobile accident. But there are a few people who might be to blame for an accident involving a self-driving car:

1. The Driver

The pilot program in Ontario says that a licensed driver must always be aware and ready to step in, even if the car is in "autonomous mode." If they don't take over when they need to, as in an emergency, they could still be held responsible.

2. The Vehicle Manufacturer

If a design mistake or a problem with the automobile's systems causes an accident, the car manufacturer can be held responsible. This type of claim may look like a product liability case, which is considerably harder to handle than a standard car claim.

3. The Software Developer or Technology Company

A crash could happen because of faults with the software, broken sensors, or flaws in security. If it can be shown that the accident happened because of bad programming or careless system design, the computer corporation that developed the system might be partly to blame.

4. Shared Liability

The driver, the manufacturer, and the technology supplier could all be responsible in many cases. This is why victims should talk to a personal injury lawyer Toronto residents trust to make sure that everyone who is responsible is held accountable.

Why Legal Support Is Essential for Victims

If you were harmed in a crash with a self-driving car, proving your claim may be more complex than in a traditional vehicle accident. Insurance companies, manufacturers, and even software developers often have teams of lawyers working to deflect blame.

This is why it’s so important to choose a personal injury lawyer with extensive experience in car accident injury claims. A skilled lawyer can determine whether the accident resulted from driver negligence or a defect in the vehicle’s system by working with accident reconstruction specialists and expert witnesses. They can also guide you through filing a claim if your insurance coverage is unclear and pursue compensation for medical expenses, lost income, and long-term care needs.

A Wider Look at Self-Driving Cars and Road Safety

Self-driving cars are designed to improve safety, but drivers in Ontario should remember that traditional risks on the road remain. Distracted and impaired driving continue to be leading causes of collisions, as discussed in our blog on summer driving accidents in Ontario. Even with advanced driver-assistance systems, human behaviour still plays a major role in many crashes.

There are also challenges when autonomous technology interacts with traditional vehicles. For example, collisions with large commercial vehicles can result in devastating injuries, as we highlighted in a recent blog about a Sudbury commercial vehicle accident case. Self-driving systems are still learning to predict and respond to the unique risks posed by transport trucks and other heavy vehicles, which means these collisions remain a serious safety concern.

And while self-driving technology is designed to enhance detection and reaction times, pedestrian safety remains a pressing concern. We explored this issue further in our blog on pedestrian accidents and legal rights. Pedestrians are among the most vulnerable groups on the road, and even small errors, whether human or machine, can have life-altering consequences.

These examples show that while autonomous vehicles may reduce certain risks, they do not completely eliminate human error. Until the technology is fully reliable and regulations are more defined, strong legal advocacy will remain essential in protecting victims and holding all responsible parties accountable.

What Accident Victims Should Do

If you or someone you care about was hurt in an accident with a self-driving or partially automated car, here are three things you should do right away:

• Seek medical help immediately, even for injuries that may seem minor.
• Report the accident to police and obtain a copy of the collision report.
• Gather evidence, including photos, witness information, and any details about the vehicle’s automated features.
• Contact a personal injury lawyer Toronto residents rely on to assess your case and advise on your rights.

Navigating the Future of Self-Driving Car Accidents

Self-driving cars may represent the future of transportation, but they also raise complex legal questions when accidents occur. Ontario’s laws continue to evolve, and victims of crashes involving autonomous vehicles may face difficult challenges in proving liability and fault.

Working with an experienced personal injury lawyer in Toronto can help ensure your rights are protected and that you pursue the full compensation you deserve. Skilled legal counsel can untangle issues of negligence, technology failures, and insurance coverage, while guiding you through the claims process with clarity and confidence.

For decades, Neinstein Personal Injury Lawyers have helped Ontarians navigate some of the toughest accident claims. Just as technology continues to advance, our team remains committed to staying ahead of legal developments, ensuring that victims of self-driving car accidents are supported every step of the way.