When an automated driving collision occurs in Australia, fault currently depends heavily on the level of vehicle autonomy. For partially automated vehicles, the human driver is generally held responsible. Operators are legally required to supervise the road and intervene. If an accident happens because a driver failed to take control, they are at fault.
However, the legal landscape is shifting toward strict corporate liability for highly automated vehicles. The Australian government is implementing the Automated Vehicle Safety Law (AVSL), which mandates that a legal entity—the Automated Driving System Entity (ADSE)—take responsibility for the vehicle when the automated system is engaged.
Under these advancing laws, if a collision results from a system malfunction, sensor failure, or bad software programming rather than human error, the manufacturer or ADSE may be deemed at fault. In these cases, injured parties could pursue compensation through product liability claims or the Australian Consumer Law.
Because state-based negligence and insurance laws and authorities treat human drivers differently than corporate entities, establishing exactly who made the critical driving decision—the person or the AI—remains crucial for determining liability.
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