The rise of self-driving cars has fundamentally disrupted traditional notions of fault in traffic incidents. Where once the actions of human drivers determined liability, today the “driver” is often software, sensors, and algorithms. As deployments expand in cities like Los Angeles, Miami, Phoenix, and San Francisco, courts, regulators, and insurers grapple with assigning responsibility when a self-driving car crashes or commits a traffic violation. Absent a comprehensive federal liability statute, the default remains patchwork state law and conventional tort theories. This GT Advisory examines the core legal issues, recent developments, and the potential path forward in self-driving liability, federal and state regulation, insurance coverage, and the evolving legal standards governing self-driving cars and corporate accountability.

Click here to read the full GT Advisory.

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Photo of Andrew "Drew" Schaffer Andrew "Drew" Schaffer

Andrew “Drew” Schaffer is a member of the Litigation Practice in Greenberg Traurig’s Orange County Office, where he draws upon his deep civil and criminal litigation experience to serve his clients. Drew focuses his practice on business, commercial, and employment litigation, with a

Andrew “Drew” Schaffer is a member of the Litigation Practice in Greenberg Traurig’s Orange County Office, where he draws upon his deep civil and criminal litigation experience to serve his clients. Drew focuses his practice on business, commercial, and employment litigation, with a focus on complex litigation matters including multi-party and class action litigation and arbitration. Drew manages cases from inception through final disposition, including investigation, pre-trial work, witness and expert depositions and discovery, motions practice, settlements, trial preparation, trial, and appeal. Drew works closely with clients from the outset to develop efficient and aggressive strategies.

Drew also maintains an active pro bono practice, largely focused on supporting veterans and their families. He is a member of the Board of Directors for the Veterans Legal Institute in Orange County and is a member of the Orange County Bar Association, American Bar Association, and California Lawyers Association.

Drew is currently a Commander in the United States Navy Judge Advocate General’s (JAG) Corps Reserve. Before transitioning to the Reserves in 2018, he served on active duty as a federal prosecutor and defense counsel, litigating various criminal matters and trying cases to verdict. Drew has deployed to Iraq, Afghanistan, and East Africa in his JAG capacity and during his prior service as an Army infantry officer with the 82nd Airborne Division. Drew is both Airborne and Ranger qualified and his military decorations include two Bronze Star Medals for actions in combat.

Photo of Jake Evans Jake Evans

Jake Evans is a first-chair litigator that handles complex, high-stakes disputes across practice areas in courts and arbitrations throughout the United States. Clients trust Jake with their most sensitive and high exposure matters and depend on Jake’s creative approaches and precise execution to

Jake Evans is a first-chair litigator that handles complex, high-stakes disputes across practice areas in courts and arbitrations throughout the United States. Clients trust Jake with their most sensitive and high exposure matters and depend on Jake’s creative approaches and precise execution to pursue positive outcomes in matters involving significant financial, reputational and operational risk.

Jake’s litigation practice focuses on class actions, disputes involving breach of contract and fiduciary duties, residential and commercial real estate, restrictive covenants involving non-compete, non-solicit and confidentiality provisions, business divorces, derivative corporate claims, note defaults and workouts and intellectual property, including copyrights, patents and trademarks. Thriving under pressure, Jake has served as lead counsel in numerous high-profile cases, including those going before the Supreme Court of the United States, entailing national media coverage and making Georgia history.

Drawing on his experience leading Georgia’s State Ethics Commission and his deep involvement with government at every level, Jake also has a robust government and regulatory practice. He represents companies and individuals in investigations by state Attorneys General, U.S. Attorney’s Offices, the Department of Justice, the Federal Trade Commission, the Securities and Exchange Commission, and other federal and state agencies. He regularly advises and appears before Georgia state and local governmental bodies— including licensing boards, state commissions, procurement agencies— and has significant experience litigating bid protests. Jake also handles campaign-finance matters, advising candidates, PACs, and independent expenditure committees on compliance, filings, and responses to state and federal complaints.

A strategist at his core, Jake serves as outside general counsel to a range of companies—from emerging businesses to large companies—guiding them through their most consequential legal challenges. He has overseen major mergers and acquisitions, complex contract negotiations, economic-development deals, international-trade issues and a wide variety of regulatory-compliance matters.

Photo of Evan Holden Evan Holden

Evan Holden is a product liability litigator who represents life sciences companies and global product manufacturers. Considered a business partner to his clients, Evan uses a flexible, efficient approach that balances litigation strategy with the business goals of the company. His clients include

Evan Holden is a product liability litigator who represents life sciences companies and global product manufacturers. Considered a business partner to his clients, Evan uses a flexible, efficient approach that balances litigation strategy with the business goals of the company. His clients include Fortune 500 companies in the pharmaceutical and medical device industries, as well as manufacturers and suppliers of automobiles, industrial equipment, electronic vehicles, and consumer products. Clients rely upon Evan for cases ranging from mass torts and multidistrict litigation to high-stakes, single-plaintiff catastrophic injuries.

A shareholder in the firm’s Products Liability & Mass Torts Practice, Evan manages complex litigation in federal and state court. He has over fifteen years of experience defending companies in cases that involve challenging scientific issues in the areas of medicine, engineering, and federal regulations. Evan also counsels a variety of manufacturers and distributors on compliance matters, risk assessment, product recalls, and reporting activities governed by the Consumer Product Safety Commission, FDA, and other federal and state regulatory bodies.

Evan has been listed in The Best Lawyers in America (Mass Tort Litigation / Class Actions – Defendants 2023-2025), The Legal 500 United States (Dispute Resolution – Product Liability, Mass Tort and Class Action – Defense: Pharmaceuticals and Medical Devices, 2022-2023), and Who’s Who Legal (Product Liability Defence, 2024). Evan was listed as a Georgia Super Lawyers “Rising Star” (2017-2018), as well as in The Daily Report’s “On the Rise” (2018). He is a core member of the GT team that was named Law360’s 2021-2022 “Product Liability Practice Group of the Year,” as well as The American Lawyer’s 2018 “Product Liability Litigation Department of the Year” and 2018 “Regional Litigation Department of the Year” for Georgia.

Evan is a speaker and author on important legal issues in the field of products liability, including the issue of jury selection in high-stakes trials. He has presented at the Biomedical Engineering and Materials Roundtable of the National Academy of Sciences. Evan is an active participant in the Defense Research Institute and its Drug and Medical Device Steering Committee. Evan has also been selected for membership in the International Association of Defense Counsel (IADC).

Evan enjoys mentoring younger attorneys and conveying the importance of understanding clients’ legal matters in the larger context of their business objectives.