Do you trust your car to spot a motorcycle?
For most drivers, yes. Automatic emergency braking is now found on nearly every new vehicle. They beep, they brake and they steer…all for your protection.
Here’s the problem:
Self-driving car systems see cars. Motorcycles? Scooters? Much less. And when technology fails to see a rider… guess who gets hurt?
The statistics are sobering. NHTSA reports that 6,228 motorcyclists were killed on roads in the United States in 2024. Motorcycle fatalities accounted for 16% of all traffic deaths – while motorcycles account for a small fraction of vehicles on the road.
So when a car’s safety tech fails and a rider gets hurt…
Who is actually to blame?
It’s not as simple as you think.
Inside this guide:
- Why These Crashes Are Different
- Why Driver-Assist Tech Misses Smaller Vehicles
- The Driver Is Still In Charge
- When Automakers Share The Blame
- What To Do After A Crash
Why These Crashes Are Different
Crashes involving driver-assist systems are not your garden-variety fender benders. Responsibility may lie with multiple parties: the driver, the automaker, or even a mechanic.
That’s why you need a car accident attorney after an accident like this. A qualified injury lawyer can retrieve the crash data, analyze the police report and establish fault for the wreck. Motorcycle accident lawyers work diligently to protect motorcyclists’ rights when insurance companies blame the rider for “being hard to see.”
And riders hear that excuse all the time.
Why Driver-Assist Tech Misses Smaller Vehicles
The majority of driver-assist systems rely on radar and/or cameras. Plus they have been designed/tested with cars in mind.
Because of this: Motorcycles have a small, narrow profile. They give off a weak radar signature. Riders often ride close to the edge of a lane that sensors don’t always monitor.
The result?
The car sees an empty road when there is a bicycle directly in front of it.
Studies from the IIHS support this. Front crash prevention reduced rear-end collisions with other vehicles by 53%. However, the reduction was only 41% with motorcycles. Should these systems detect motorcycles as easily as they detect vehicles, they could prevent an additional 500 motorcycle collisions per year.
Pretty scary, right?
That margin may seem narrow on paper. But out on the road it’s the difference between a near miss and a wake.
The Driver Is Still In Charge.
Here’s something a lot of drivers forget…
“Driver-assist” means exactly that. It assists. It does not drive.
The majority of vehicles available for purchase today are Level 2 automation or below. Level 2 requires a driver to pay attention to the roadway constantly. According to the owner’s manual. Which is also backed by law.
Think about it:
If you engage cruise control and hit the car in front of you, don’t blame cruise control. Same principle applies.
A recent crash in Washington State shows how this plays out. In April 2024, a Tesla driver on Autopilot glanced down at his phone to read a text message. While looking at his phone, he rear-ended a motorcyclist. The rider, Jeffrey Nissen, was killed. Police arrested the driver for vehicular homicide. Washington State patrol had this to say: “When you’re driving an autonomous vehicle, you are ultimately responsible for the behavior of that vehicle,” the agency said. “Especially when Autopilot is engaged.”
The driver is typically the first person to blame. Their auto insurance will most likely pay out first.
But that’s not always where the story ends…
When Automakers Share The Blame
Automakers can be liable as well. This comes under a branch of law known as product liability. There are 3 main ways this can occur:
Design Defects
If a system fails to detect motorcycles — and a safer system was feasible — the manufacturer could be liable.
Failure To Warn
Car makers need to clearly communicate what their technology can and can’t do. A hidden warning tucked away in the owners manual might not suffice.
Misleading Marketing
Names such as “Autopilot” may lead drivers to believe the car can do more than it’s actually capable of doing. If marketing leads to driver overtrust, then the brand is partly at fault.
This isn’t just theory, either.
A federal jury in Miami ruled on August 2025 that Tesla was 33% liable for a deadly 2019 Autopilot crash that occurred in the Florida Keys. While most of the blame was placed on the driver, Tesla’s technology and marketing were also determined to be contributing factors. The verdict was upheld by a federal judge in February 2026 and Tesla plans to appeal the ruling.
Tesla was sued in January 2026 by Jeffrey Nissen’s family, who said Autopilot didn’t notice his stationary motorcycle.
This is a big shift.
Drivers were held accountable for decades. Now the jurys eyeing up the machine as well.
Other Parties That Could Be On The Hook
Sometimes it doesn’t end with the driver and manufacturer. Depending on the circumstances of the accident, liability may be shared with others:
- Parts suppliers: Lots of sensors and cameras are built by third parties. They could be liable if their part was defective.
- Repair shops: Often times cameras require recalibration following a windshield replacement. One improperly calibrated camera can affect your entire system.
- Employers: Employers can be held liable if the driver was working when the incident occurred.
Every additional party potentially adds another insurance policy…which means more money for the injured rider.
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What To Do After A Crash With A Driver-Assist Car
What you do right after a crash can make or break your claim:
- Get medical help first — even if you feel fine.
- Take photos of the scene, both vehicles and your injuries.
- Ask the driver if any driver-assist feature was switched on.
- Get names and numbers from any witnesses.
- Don’t give a recorded statement to the other driver’s insurance company.
- Talk to a car accident lawyer as soon as you can.
And here’s the biggie…
Today’s vehicles record huge amounts of data on speed, braking and if driver-assist was engaged. As time passes, this data may be erased. Lawyers can preserve the data before it’s gone.
Without that data, proving the tech failed is much, much harder.
Frequently Asked Questions
Can you sue a car company if driver-assist fails?
Yes. Under product liability law the manufacturer could be responsible if the technology was defective, had inadequate warnings, or was marketed in a deceptive manner.
Should riders hire a car accident lawyer after a crash?
Generally speaking, yes. These claims contain crash data, aggressive insurers and sometimes multi-million dollar automakers. You want a car accident lawyer who knows how to deal with all of the above.
The Bottom Line On Driver-Assist Liability
Driver-assist systems are helping cars get safer. They still have trouble detecting smaller vehicles such as motorcycles though.
When it fails, the blame can fall on:
- The driver who wasn’t paying attention
- The automaker behind the tech
- Suppliers, repair shops or employers
Most important point to remember…… No camera can see better than a driver’s eyes. And if you are a rider that gets injured, you don’t have to accept the excuse of “I didn’t see you”.
Know the facts. Preserve the evidence. Then consult with a car accident attorney who understands these types of claims.
