Who’s at Fault When There’s No Driver? Law Enforcement and the Rise of Autonomous Vehicles

What happens when a police officer needs to stop a car for a traffic violation—only to discover there’s no driver? And if a crash occurs, but the automated driving system (ADS) was in control, who is responsible?

These aren’t hypothetical questions anymore. According to the Autonomous Vehicle Industry Association (AVIA), driverless ride-hail cars and delivery trucks have already logged more than 44 million miles on U.S. public roads as of early 2025. For law enforcement, emergency medical services (EMS), and fire/rescue personnel, that reality poses both opportunities and serious challenges.

To get ahead of these issues, the U.S. Department of Justice Office of Community Oriented Policing Services (COPS Office) partnered with the International Association of Chiefs of Police (IACP) and the Virginia Tech Transportation Institute (VTTI). Together, they released Safety Considerations for Automated Driving Systems (ADS) Deployment, a white paper that provides guidance for safe, effective interactions between first responders and autonomous vehicles.

Backed by surveys of 378 law enforcement and first responder personnel, plus focus groups and subject-matter expert interviews, the report outlines best practices for handling situations involving partially or fully autonomous vehicles.

The white paper highlights three main categories of interactions:

• Direct interactions – such as physically accessing the interior of a vehicle to reach a victim.

• Indirect interactions – hand signals, sirens, or emergency lights to direct traffic.

• Informational interactions – exchanging documents like registration or ownership information.

For each, the report provides scenarios and key takeaways, while stressing that responders must be able to:

1. Identify an ADS-dedicated vehicle quickly.

2. Signal it to stop and keep it stationary.

3. Access ownership/registration information—even without a driver.

First responders voiced concerns about whether autonomous vehicles can:

• Recognize an officer standing in the roadway.

• Respond correctly to traffic direction.

• Safely handle crash scenes, given risks like high-voltage batteries and complex wiring.

Some officers suggested that future traffic direction may require standardized motions and equipment recognizable to ADS technology. Others raised the critical issue of liability—whether a crash stems from human error or vehicle error.

The white paper recommends expanding training for law enforcement and first responders so they can recognize and safely handle autonomous vehicles in emergencies. It also calls for collaboration between industry and law enforcement to:

• Develop safety standards and operational guidelines.

• Clarify liability and crash reporting protocols.

• Ensure governance keeps pace with rapid technological deployment.

With driverless vehicles expected to reduce human-error crashes, provide mobility options for seniors and disabled populations, and support DUI reduction, the stakes for getting this right are high.

The complete white paper, Safety Considerations for Automated Driving Systems (ADS) Deployment, includes detailed scenarios, a resource list of more than 90 related research documents, and actionable recommendations for agencies nationwide.

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