At the moment in every jurisdiction I’m aware of the driver is always considered as “in charge” of the vehicle no matter what assistance functions are being used. It’s the driver’s responsibility to avoid collisions in all cases.
If you have a collision and your vehicle is judged at fault by whatever authority does it in your area the you are liable.
What if there is no driver because the car is self driving?
Mercedes Drive Pilot (“SAE Level 3”) is certified on some very specific stretches of insterstate in California to not require the driver to be responsible.
https://www.mbusa.com/en/owners/manuals/drive-pilot
Requirements:
- Stop and go traffic (or less than 40mph?)
- On some specific sections of highway
- Driver doesn’t need to monitor but must be ready to take over with 15(?) seconds of the system requesting
> Mercedes-Benz is assuming liability for any crashes or incidents that occur while the autonomous system is active