Eisenberg Law Offices, S.C. | December 26, 2025 | Car Accidents
Self-driving cars are no longer science fiction. Vehicles with advanced driver-assistance and autonomous features are already on Wisconsin roads, raising an important legal question for drivers and accident victims alike: Are self-driving cars legal in Wisconsin? The answer depends on how much autonomy the vehicle has and whether a human driver remains in control.
Understanding Wisconsin’s current laws can help drivers stay compliant and can be especially important after a crash involving autonomous technology.
The term “self-driving car” covers a wide range of technologies. Most vehicles currently on the road are not fully autonomous. Instead, they fall into lower levels of automation that still require human supervision.
The Society of Automotive Engineers (SAE) defines vehicle automation on a scale from Level 0 to Level 5. Levels 1 and 2 include features such as adaptive cruise control, lane-keeping assistance, and automated braking. These systems assist the driver but do not replace them. Levels 4 and 5 involve vehicles that can operate with little or no human input under certain or all conditions.
Most consumer vehicles in Wisconsin today fall into Level 2, meaning the driver must remain alert and ready to take control at all times.
Wisconsin allows vehicles with autonomous features to operate on public roads, but state law still requires a human driver to be involved.
Under current Wisconsin law, a vehicle must have a licensed driver who is capable of operating it. This means fully driverless vehicles, without a human able to take control, are not permitted for general use on public roads. Vehicles using advanced driver-assistance systems are legal, as long as the driver remains responsible for the vehicle’s operation.
Autonomous vehicles must also comply with standard motor vehicle requirements, including registration, insurance, and traffic laws. In practice, Wisconsin treats most vehicles with self-driving features the same way it treats traditional vehicles when it comes to legal responsibility.
Wisconsin permits limited testing and research involving autonomous vehicle technology, but the state has not adopted a comprehensive framework allowing widespread driverless operation. Some testing may occur in controlled environments or with a human operator present.
Lawmakers and transportation officials continue to study how autonomous vehicles could be integrated safely into Wisconsin’s transportation system, but significant legal changes would be required before fully driverless cars become common on public roads.
Crashes involving autonomous features can raise complicated legal questions. In Wisconsin, fault is still analyzed under traditional negligence principles.
Depending on the circumstances, responsibility may rest with:
Because Wisconsin law currently requires human control, drivers using self-driving features may still be held accountable if the vehicle is involved in a collision. These cases often involve detailed investigations, including vehicle data, software logs, and expert analysis.
As self-driving technology continues to evolve, so will the legal landscape. Drivers who rely too heavily on autonomous features may assume the law treats these vehicles differently, when in reality, Wisconsin law still places responsibility on the human behind the wheel.
For accident victims, understanding these rules can be critical when pursuing a personal injury claim involving advanced vehicle technology. Insurance companies may attempt to shift blame or minimize liability by pointing to automation, even when the law does not support that argument.
Accidents involving self-driving technology can be legally complex, especially when questions arise about driver responsibility, vehicle systems, or manufacturer liability. At Eisenberg Law Offices, S.C., our attorneys have 140 years of combined legal experience and have recovered over $100 million in compensation for accident victims.
For more information, contact our team today to schedule a free consultation with an experienced Madison car accident lawyer.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
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