Who Is Responsible for an Autopilot Crash in Colorado?
Request Free ConsultationThe Rise of Autopilot Technology and Its Risks
Autonomous vehicles are no longer science fiction—they’re already sharing the roads with you. From adaptive cruise control to Tesla’s Autopilot and Full Self-Driving (FSD) features, these advanced driver-assistance systems (ADAS) promise a safer future. But when crashes happen, especially in Colorado, the legal questions are complicated: Who is responsible? The driver? The automaker? The software developer?
As vehicle automation evolves, so do the risks. A tragic 2022 crash near Evergreen, Colorado, underscores the high stakes. In that case, a Tesla Model 3 allegedly veered off the road while on Autopilot, slamming into a tree and bursting into flames, killing the driver and injuring his passenger. Despite the driver’s intoxication, his widow claims Tesla’s self-driving technology was at fault, underscoring several legal and ethical questions about liability in these cases.
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What Counts as “Autopilot” in Colorado?
Before diving into liability, it’s important to clarify what Autopilot really means. Tesla’s Autopilot is not a fully autonomous system. Instead, it falls under SAE Level 2 automation. That means the vehicle can assist with steering and speed, but still requires a fully attentive driver. Tesla’s marketing may sometimes blur the lines, but from a legal standpoint, these systems still rely on human supervision.
Colorado law recognizes these distinctions. Under Senate Bill 17-213, only vehicles with SAE Levels 4 and 5 (which are highly autonomous or fully driverless) qualify as “Automated Driving Systems” (ADS). These are allowed to operate in the state only if they meet all state and federal laws, or they must receive approval from the Autonomous Mobility Task Force if they don’t.
In short, if your Tesla or other semi-autonomous car crashes while using Autopilot in Colorado, you’re still likely considered the responsible operator under state law.
Determining Liability After an Autopilot Crash
Establishing liability in an autopilot-related crash is more complicated than in a standard car accident. Several different parties could potentially be responsible, depending on the facts of the case.
Driver liability
Despite the sophistication of Autopilot, drivers are still expected to keep their hands on the wheel and eyes on the road. In most Autopilot crashes, the human driver remains the primary party responsible unless evidence proves otherwise.
You may be liable if:
- You were distracted or asleep at the wheel.
- You misused the Autopilot system (for instance, using it on local roads or in poor conditions).
- You failed to take corrective action when the system “misbehaved.”
The law still treats the driver as the person in control of the vehicle. That means negligence laws will apply, and the driver’s actions—or inaction—will be scrutinized in legal matters.
Vehicle or software manufacturer’s liability
If the autonomous vehicle truly malfunctioned or performed in an unsafe manner, the manufacturer could bear liability under product liability law. In Colorado, a plaintiff must prove that:
- The product (the vehicle or its software) had a design, manufacturing, or warning defect
- That defect was unreasonably dangerous
- The defect directly caused the injuries or damages
This path is difficult, but not impossible. Tesla and other automakers have faced lawsuits alleging that their systems failed to operate safely. For example, a vehicle that suddenly veers off course without input from the driver might suggest a software error or a faulty sensor.
However, proving these cases often requires:
- Preserving vehicle data logs (“black box” information)
- Expert analysis of the vehicle’s onboard systems
- Documented patterns of similar behavior in the vehicle model
Third-party liability
Sometimes, another party contributes to or causes the crash. For example:
- A road maintenance issue, like missing lane lines or damaged signage, may confuse the autopilot system
- A negligent third-party driver may cut off an autonomous vehicle, triggering a collision
- A software vendor or subcontractor who contributed faulty code to the system could share liability
What the Colorado Law Says About Self-Driving Liability
Colorado’s legal framework for self-driving technology is still evolving, but Senate Bill 17-213 has laid some groundwork. Key points include:
- Vehicles equipped with ADS (Levels 4-5) must comply with all laws or receive specific approval to operate.
- Drivers of Level 0-3 systems (like Tesla Autopilot) are still legally responsible for their vehicle’s operation.
- No city or county in Colorado can impose additional standards or restrictions on ADS vehicles that differ from human driver requirements.
This framework reflects a broader national effort to create uniform rules while encouraging innovation. However, it also leaves significant legal gray areas, particularly when trying to assign fault in a crash involving automation.
In essence, Colorado law assumes that drivers must remain fully engaged unless a vehicle meets the state’s ADS definition and has been approved to operate without driver input.
Real-Life Case: The Evergreen Tesla Crash
The 2022 fatal Tesla crash near Evergreen is a haunting reminder of how these complex legal issues play out in real life. In that case:
- The Tesla allegedly swerved off-road while using Autopilot
- The driver, Hans Von Ohain, was legally intoxicated
- The vehicle hit a tree and exploded
- The passenger stated the car had been behaving erratically while Autopilot was engaged
Tesla argues that the accident was the intoxicated driver’s fault. However, his widow argues that Tesla’s technology shares blame, claiming that the car’s marketing created a false sense of security.
What makes this case especially complicated is the lack of vehicle data—the crash destroyed the Tesla’s onboard systems. Without direct evidence of Autopilot engagement, the case hinges on passenger testimony and expert reconstruction.
This tragic example underscores the complexity of modern car accident litigation. With advanced driver-assist features, determining fault isn’t just about human error—it may involve corporate accountability, regulatory oversight, and product safety law, all of which are still evolving like autonomous driving technology itself.
Insurance Implications of Autopilot Crashes
If you’re involved in a crash in Colorado where Autopilot may have played a role, your insurance claim might not follow a typical path. Insurers are still adapting to the reality of driver-assist technology, and liability isn’t always clear-cut.
In Colorado, drivers are still expected to carry traditional liability insurance, even when using systems like Autopilot. That means if you are found to be partially or wholly at fault, your insurance will be on the hook for damages. However, if evidence suggests a vehicle defect or system failure caused the crash, a product liability claim against the automaker or software provider may come into play.
In the future, we may see a shift toward product liability coverage or hybrid insurance models for autonomous vehicles. But for now, drivers remain the primary focus of liability, and most insurance adjusters will treat autopilot crashes similarly to other at-fault claims—until proven otherwise.
What to Do After an Autopilot-Related Crash in Colorado
When a crash involving Autopilot or another driver-assist system happens, you’re often left dealing with serious injuries, medical appointments, and a flood of uncertainty. In the days and weeks after the accident, it’s hard to know where to begin. The good news is: you don’t have to do everything yourself. There are clear steps you can take to protect your rights—and many things your attorney can handle on your behalf.
What you should focus on
Seek medical care, even if your injuries seem minor.
Your health comes first. Not all injuries are obvious right away. Concussions, internal injuries, and soft-tissue trauma may take hours—or even days—to show symptoms. Seeing a doctor creates a formal medical record, which will be a critical part of any future claim. Insurance companies often try to argue that a delay in treatment means your injuries weren’t serious. Don’t give them the chance.
Consult a car accident lawyer as soon as possible.
Don’t try to handle this on your own. These cases often involve complex issues around driver-assist technology, vehicle software, and shared liability. A lawyer who understands the legal and technical sides of Autopilot crashes can immediately begin protecting your rights, preserving evidence, and identifying who may be responsible. The sooner you involve an attorney, the better your chances of a strong outcome.
Follow your treatment plan closely.
If a doctor prescribes physical therapy, imaging scans, or referrals to specialists, make sure to keep every appointment. Gaps in treatment can affect not only your recovery but also the strength of your claim.
Keep all documentation related to the crash and your recovery.
Save medical bills, prescription receipts, and records of time missed from work. Write down how your injuries affect your daily life—things like difficulty sleeping, mobility problems, or the emotional toll of the crash. These details matter.
What your lawyer will handle
Gathering evidence and crash data
Your attorney can obtain the police report, locate and interview witnesses, and recover digital evidence, including onboard vehicle data from systems like Tesla Autopilot. These “black box” records often hold key details about speed, steering, and whether autonomous features were engaged.
Preserving evidence before it disappears.
Vehicle software logs can be overwritten or deleted. Your attorney may issue a spoliation letter or take immediate steps to secure important data before it’s lost.
Investigating Autopilot system behavior
If Autopilot or another system malfunctioned, your legal team may consult engineers or accident reconstruction experts to determine whether a defect contributed to the crash. This kind of analysis is often required in product liability cases.
Handling all communication with insurance companies
Insurers often try to minimize or deny claims, especially in cases involving new technologies where liability can be disputed. Your lawyer will manage all contact with the insurance companies involved, ensuring that nothing is said that could hurt your case.
Determining who may be legally responsible
This could include the vehicle manufacturer, a software developer, a negligent driver, or a government entity responsible for unsafe road conditions. Your attorney will evaluate all possible angles to pursue compensation from the right parties.
Building your case while you recover
From collecting records to negotiating with adjusters—or preparing for trial, if needed—your legal team will take the burden off your shoulders. This allows you to focus on what really matters: your recovery and your family.
Frequently Asked Questions About Autopilot Crashes in Colorado
What is the statute of limitations for filing a claim?
In Colorado, the statute of limitations deadline depends on the type of claim:
- Motor vehicle crashes: You have three years to file a personal injury claim.
- General personal injury cases (non-auto-related): You have two years from the date of injury.
Can I still recover damages if I was partly at fault?
Yes. Colorado follows a modified comparative negligence rule. If you are less than 50% at fault, you may still recover compensation, though your award will be reduced by your percentage of fault.
This rule may be particularly important in cases involving cars with Autopilot technology, in which two or more parties dispute liability.
Who pays if the vehicle manufacturer is at fault?
If a product defect caused or contributed to the crash, the automaker (or its insurer) may be financially responsible. These claims usually fall under strict product liability, which means you don’t have to prove the company was negligent—just that the product was defective and caused harm.
Is Tesla Autopilot considered fully self-driving?
No. Tesla’s current Autopilot system is Level 2 automation, which still requires full driver supervision. Tesla has been criticized for marketing language that suggests otherwise, but drivers remain legally responsible under current Colorado law.
The Future of Autonomy and Accountability
As autonomous technology evolves, so will the legal and regulatory landscape. Automakers, regulators, and lawmakers are all grappling with how to balance innovation with safety. Colorado has taken early steps to address this through legislation like SB 17-213, but there is still a long road ahead.
In the meantime, drivers must remain cautious. No matter how sophisticated your vehicle’s technology, under the law, you are still responsible for its operation—unless and until a court says otherwise. If you’re injured in a crash involving Autopilot or another driver-assist system, proving what happened may require forensic evidence, vehicle data, and expert testimony.
In cases involving serious injuries and vehicles with autonomous driving technology, working with the right car accident lawyer is more than just beneficial—it can shape the outcome of your entire case. These are not routine claims. They require in-depth investigation, technical analysis, and a legal strategy built for the courtroom, not just the negotiating table.
Holding the Right Parties Accountable Starts with the Right Attorney—Contact Fuicelli & Lee Today
If you or someone you love has been injured in an accident involving Tesla Autopilot or any other semi-autonomous system, you deserve more than guesswork or generic legal advice. These cases are different. They require deep investigation, technical understanding, and an aggressive approach to holding powerful companies accountable.
At Fuicelli & Lee Injury Lawyers, we’re more than trial attorneys—we’re legal advocates for those who’ve suffered life-changing injuries. Our firm limits the number of cases we take so we can give your claim the attention it deserves. Our trusted car accident lawyers are not afraid to take on tough cases, including those involving cutting-edge technology like Autopilot.
And we understand the toll these crashes take. Our team includes attorneys who have survived catastrophic injuries themselves. We bring not only legal knowledge but compassion and first-hand insight into the physical and emotional trauma you’re going through.
Let us help you pursue full, fair, and complete compensation. Whether your crash happened in Denver, along the Front Range, or elsewhere in Colorado, Fuicelli & Lee is here to help you. We offer free consultations, and you don’t pay unless we win. Call us at (303) 444-4444 or reach out online to schedule a free consultation today.