Long Island Self-Driving Car Accident Lawyers

Long Island Self-Driving Car Accident Attorneys Fighting for You

Cars are changing quickly. Automatic emergency braking, adaptive cruise control, lane-centering technology and increasingly sophisticated driver-assistance systems are already operating on Long Island roads. As these systems become more advanced, determining who caused an accident may no longer be as simple as determining what the driver did wrong.

A vehicle itself may have played a role.

That may change the accident investigation.

Serving All of Long Island

25+ years investigating serious crashes

At Palermo Law, our Long Island personal injury attorneys have spent decades investigating serious motor vehicle accidents.

Car Accident Help

In an accident involving self-driving or advanced driver-assistance technology, we apply that same approach while looking beyond the traditional evidence to determine what the vehicle and its technology were doing in the seconds before the crash.

Representing Long Island car accident victims

Our attorneys bring more than 75 years of combined experience and over 450 five-star Google reviews helping injured people throughout Nassau and Suffolk Counties. Steven Palermo holds a perfect 10.0 Avvo rating, has been named to Super Lawyers five times, and Palermo Law has been voted Best Law Firm in Four Leaf’s Best of Long Island competition five times.

With offices in Babylon, Carle Place, East Hampton, Elmont, Hauppauge, Huntington, Mineola, Patchogue and Riverhead, we’re never far from where you need us. If your injuries make travel difficult, we’ll come to you at home, in the hospital or meet with you over Zoom.

Your first consultation is always free, with no obligation.

Why Hire Palermo Law for a Self-Driving Car Accident Case?

Self-driving and driver-assistance technology adds an entirely new layer to a car accident investigation. There may still be a negligent driver, but there may also be questions about what technology was operating, what the vehicle detected, how it responded and whether another person or company shares responsibility.

Our approach comes down to the same three commitments we make to every client.

Our “Trial Ready” Philosophy Matters Even More in a Technology Case

Here is the thing about a self-driving car accident: what appears to be a straightforward collision may not be straightforward at all.

The police report may tell us where the vehicles collided. The drivers may tell us what they remember. Witnesses may describe what they saw.

But none of that necessarily tells us what the vehicle’s technology was doing.

The answers may be contained in electronic information rather than a witness’s memory.

From the moment we accept a serious motor vehicle case, we work to identify evidence that needs to be preserved before it disappears. Depending on the vehicle and technology involved, that can include event data recorder information, onboard camera footage, telematics, driver-assistance data, vehicle diagnostic information, maintenance records, software information and data maintained outside the vehicle.

When necessary, we work with accident reconstruction experts and other qualified experts to understand that evidence and determine what it means.

We prepare the case from the beginning with the assumption that we may eventually have to explain it to a jury.

What Is a Self-Driving Car?

The phrase “self-driving car” is used much more broadly than the technology actually warrants.

Many vehicles currently marketed with sophisticated driver-assistance features are not fully autonomous. They may be able to steer, accelerate, brake, maintain a lane or perform several of those functions at the same time, but the driver may still be responsible for monitoring the roadway and taking control when necessary.

The National Highway Traffic Safety Administration generally describes vehicle automation in levels ranging from Level 0 through Level 5.

Understanding which type of system was actually operating is one of the first steps in investigating an accident involving automated technology.

What Is the Current Law on Self-Driving Cars in New York?

As of September 2026, New York permits approved testing and demonstrations of autonomous vehicles on public roads. Under the current DMV permit program, a licensed driver must sit behind the wheel and be ready to take control. The test vehicle must also carry a $5 million insurance policy. That is different from a general authorization for driverless vehicles to operate commercially throughout the state.

Many vehicles Long Islanders encounter today use driver-assistance features rather than operating without a driver. After a crash, the first legal question is therefore what system was actually engaged and what responsibilities remained with the person behind the wheel. The vehicle’s name or marketing description does not answer that question.

New York lawmakers have proposed rules for operating fully autonomous vehicles without human drivers, including a limited proposal for Albany and Rensselaer Counties. Those proposals are pending legislation, not current law. As the law develops, we will evaluate each accident under the rules in effect when it occurred and investigate the roles of the driver, owner, vehicle technology and any other potentially responsible party.

Who Is Responsible for a Self-Driving Car Accident?

This may become one of the most important differences between traditional car accident litigation and self-driving car accident litigation.

In an ordinary car accident, we usually begin by examining the conduct of the drivers. Did someone run a red light? Follow too closely? Fail to yield? Make an unsafe lane change? Drive while distracted?

Those questions still matter when driver-assistance technology is involved.

But they may not be the only questions.

Depending upon the facts, potentially responsible parties can include:

The important point is that we do not assume who caused the accident before we investigate it.

We follow the evidence.

The Vehicle May Be One of the Most Important Witnesses

For decades, car accident cases have often depended upon people remembering what happened in a matter of seconds.

Modern vehicles can change that.

Depending upon the make, model and systems involved, electronic information may help establish what happened immediately before a collision.

Potential evidence can include:

• Vehicle speed
• Braking information
• Accelerator inputs
• Steering inputs
• Seat belt information
• Automatic emergency braking activity
• Forward collision warnings
• Driver-assistance system status
• Driver-monitoring information
• Camera footage
• Vehicle diagnostic information
• Telematics
• GPS or location information
• Software and system information

Not every vehicle records all of this information, and not every piece of information will be available after every accident. Some information may be stored in the vehicle, some may be maintained remotely, and some may be overwritten or lost.

That is why preservation can be so important.

Preserving Electronic Evidence After a Self-Driving Car Accident

One of our first questions in a serious accident involving advanced vehicle technology is simple:

What evidence exists, and where is it?

That can require preserving more than the damaged vehicle itself.

Depending upon the circumstances, we may seek preservation of the vehicle, event data, onboard video, electronic control modules, driver-assistance information, maintenance and repair records, software information, telematics and other electronically stored information.

We may also need to determine whether relevant information is maintained by a manufacturer, fleet operator, technology provider or another third party.

The goal is not to collect technology for technology’s sake.

The goal is to answer the same question we have always asked in a car accident case:

What actually happened?

The difference is that the answer may now be stored electronically.

Driver Assistance Is Not Necessarily Self-Driving

This distinction is especially important today.

Features such as adaptive cruise control, lane keeping assistance, lane centering and automatic emergency braking can make a vehicle feel increasingly automated. But a vehicle’s ability to perform some driving functions does not necessarily mean the driver is free to stop paying attention.

With many current systems, the driver remains responsible for monitoring the road and safely operating the vehicle.

That creates an important issue after an accident.

A driver may claim:

“The car was driving.”

But that may not answer the liability question.

We need to know exactly what system was being used, what the manufacturer said the system could do, what responsibilities remained with the driver and what happened in the moments before impact.

What Happens When the Technology Fails?

The fact that a technologically advanced vehicle was involved in an accident does not automatically mean the technology failed.

Accidents can still be caused entirely by human negligence.

But when the circumstances raise a legitimate question about whether a vehicle system contributed to the collision, we investigate it.

For example, an investigation may examine whether:

• The vehicle failed to identify another vehicle, pedestrian or cyclist.
• Automatic emergency braking activated when it should not have.
• Automatic emergency braking failed to activate.
• A lane-centering or steering system moved the vehicle unexpectedly.
• The vehicle failed to warn the driver of a hazard.
• The system continued operating outside the conditions for which it was designed.
• Driver-monitoring technology failed to recognize that the driver was not attentive.
• A sensor, camera or other component was damaged, obstructed or improperly calibrated.
• A software or system issue affected the vehicle’s response.

Determining whether any of these things actually occurred generally requires evidence and, in the appropriate case, expert analysis.

Self-Driving Accidents Involving Pedestrians and Cyclists

Pedestrians and cyclists are particularly important in the development of automated vehicle technology because a vehicle must be able to identify and respond to people who do not behave as predictably as other vehicles.

A pedestrian may enter a crosswalk. A cyclist may move around a parked vehicle. A child may enter the roadway unexpectedly.

When an advanced vehicle strikes a pedestrian or cyclist, the investigation may involve not only traditional questions about speed, right of way and visibility, but also what the vehicle detected and how its systems responded.

In a serious case, we want to know when the person became detectable, whether the vehicle identified that person, what classification the system assigned, whether a warning or braking response occurred and whether the collision could have been avoided.

New York No-Fault Insurance Still Applies

The technology in the vehicle may be new, but New York’s no-fault insurance system still applies to motor vehicle accidents.

Generally, your own no-fault insurance pays your initial accident-related medical expenses and a portion of lost earnings regardless of who caused the accident.

Basic no-fault coverage generally provides up to $50,000 per person for covered economic losses, including reasonable and necessary medical expenses, 80% of lost earnings up to the statutory monthly limit and certain other necessary expenses.

You generally must submit written notice of the accident to the no-fault carrier within 30 days.

No-fault does not compensate an injured person for pain and suffering. To pursue pain and suffering damages in a covered New York automobile case, the injured person generally must establish a “serious injury” under New York Insurance Law Section 5102(d).

A self-driving or technologically advanced vehicle does not eliminate these requirements.

Serious Injuries From Self-Driving Car Accidents

Technology may change why an accident happened. It does not change the physical forces involved when thousands of pounds of metal collide.

We represent clients suffering serious injuries including:

Insurance Companies Are Still Insurance Companies

A technologically complicated accident does not change the basic economics of an insurance claim.

The insurance carrier still has an incentive to pay as little as reasonably possible.

What may change are the arguments.

Instead of simply disputing which driver was at fault, insurers and defendants may disagree about whether a particular system was operating, what the electronic information means, whether the driver should have intervened, whether the technology contributed to the collision or whether another company bears responsibility.

That makes an early, independent investigation especially important.

We do not rely solely upon an insurance company’s interpretation of what happened.

We obtain the evidence we can, analyze it and build our own case.

Critical Deadlines After a Long Island Self-Driving Car Accident

The same legal deadlines that apply to other New York motor vehicle accidents can apply to accidents involving self-driving and driver-assistance technology.

Important deadlines can include:

Different claims and defendants can have different deadlines. Product-liability issues, public entities and other circumstances can also affect the analysis.

There is another deadline that may be much shorter than any statute of limitations:

the practical deadline to preserve evidence before it disappears.

Electronic information can potentially be overwritten, vehicles can be repaired or destroyed, and third parties may not retain information indefinitely.

For that reason, a serious accident involving advanced vehicle technology should be investigated as early as possible.

What to Do After an Accident Involving a Self-Driving or Driver-Assistance Vehicle

Long Island Self-Driving Car Accident Help, Wherever You Were Hurt

Palermo Law has 9 offices across Nassau and Suffolk Counties:

• Babylon
• Carle Place
• East Hampton
• Elmont
• Hauppauge
• Huntington
• Mineola
• Patchogue
• Riverhead

As automated and driver-assistance technology becomes more common, these accidents can occur anywhere vehicles travel, from the Long Island Expressway and Northern State Parkway to Sunrise Highway, Route 110, Hempstead Turnpike and local roads throughout Nassau and Suffolk Counties.

Our attorneys know Long Island’s roads, courts and communities.

If you cannot come to us because of your injuries, we come to you. We regularly meet clients at hospitals, rehabilitation facilities and private homes, and we offer Zoom consultations as well.

Reviewed by

Steven Palermo Esq.

Senior Partner, Palermo Law, P.L.L.C.

Steven Palermo is a Long Island personal injury attorney with more than 25 years of experience representing injured victims in Nassau and Suffolk Counties. He is admitted to the New York State Bar and the United States District Court for the Eastern District of New York.