Understanding Personal Injury Lawsuits in Florida Autonomous Car Crashes

by Attorney Carolina Nunez, Esq.

While technology surges As the landscape of transportation evolves with autonomous vehicles (AVs), the legal and ethical ramifications of self-driving car crashes are becoming more urgent. While AVs may reduce rear-end collisions and other common accidents, they also introduce new questions about liability, negligence, and compensation.

Florida is one of the few states with specific legislation regarding autonomous vehicles. Under Florida Statutes § 316.85, AVs are allowed to operate without a human driver physically present. This opens the door to accidents where fault might rest not with a driver — but with a vehicle manufacturer, software developer, or sensor provider.

What Happens After an Autonomous Car Crash in Florida?

As with all autonomous car and tech, the courts are trying to answer the same questions we all have. Recently, a federal wrongful death trial began in July 2025 over a 2019 crash in Key Largo. Plaintiffs claim Tesla’s Autopilot system was defectively designed. The court allowed claims to proceed, including for punitive damages (Reuters, 2025-06-27).

In a related case, the estate of Jeremy Banner lost an appeal seeking punitive damages, with the court holding that Tesla had not misrepresented its technology (Reuters, 2025-02-26).

Insurance Claims and Processes

After a car accident in Florida—the process of handling the economic aspects after the crash are stressful enough.

Auto-pilot car accidents differ significantly from traditional vehicle accidents. In traditional scenarios, claims often focus on driver negligence in Florida. For autonomous vehicles, the attention can shift towards product liability—implicating manufacturers and software developers. This shift is due to the vehicle's autonomous nature, where system failures may lead to crashes. As the legal landscape adapts, insurance policies and claims processing are evolving to address these unique challenges, with a potential increase in reliance on data from the vehicle's recording devices to assess claims.

AV vs. Traditional Accidents in Florida

Common Causes of AV Accidents:

• Faulty sensors

• Software glitches

• GPS mapping errors

• Cybersecurity threats

• Misinterpretation of signals

Traditional accidents often result from human factors like distracted driving or intoxication. While AVs mitigate some of those risks, they introduce new ones that can still result in injury.

Injury Trends and Statistics

According to NHTSA data, there were 3,979 AV-related incidents nationwide from 2019 to June 2024, with 473 occurring in the first half of 2024 alone. Florida reported 241 such incidents. A 2024 study published in Nature Communications found that AVs have a 5.25x higher crash rate at dawn/dusk and nearly 2x higher risk when turning.

Insurance Claims & Legal Shifts

Florida is a no-fault state under Fla. Stat. § 627.736, meaning PIP (personal injury protection) applies regardless of fault. However, in severe cases, victims may pursue damages beyond PIP.

AV crashes increasingly involve product liability instead of driver negligence. Vehicle data, often encrypted, becomes central to litigation. Insurers and courts are adapting to analyze technical fault from onboard systems.

Injured in a crash?  You can always reach out online with our Easy Online Case Evaluation

Product Liability vs. Human Error

Under Fla. Stat. § 768.81, liability can be apportioned among multiple parties.

AV cases may implicate:

• Auto manufacturers

• Software developers

• Sensor producers

• Vehicle owners/operators

Courts consider whether drivers had a duty to intervene and whether manufacturers gave proper warnings.

Financial Implications for Florida Victims

Medical costs, lost income, and rehabilitation expenses remain high for crash victims. Florida accident law allows recovery for:

• Emergency treatment

• Surgeries and rehab

• Lost wages

• Pain and suffering

• Future earning loss

The legal process for settlements may span months or years depending on injury severity, liability disputes, and insurance cooperation.

Why Hiring the Right Attorney Matters After a Florida Auto Pilot Accident

If you're injured in a self-driving car accident, you need a lawyer familiar with both Florida personal injury law and emerging AV technology. The last thing you want is an attorney that can't turn a Word document into a PDF without needing help (it happens a lot more than you think!).  

At The Law Offices of Carolina Nunez, P.A. we can help. We are conveniently located in Winter Park near Orlando. ​We offer both online and in-person appointments.​

Save Time and Stress – If you don't like the phone, you can always reach out online with our Easy Online Case Evaluation Form

If you prefer to call us: 407-900-FIRM