Autonomous Vehicle Accident in Texas: The Responsibility Lies with the Operator
In Texas, the operator of an autonomous vehicle, not the passengers, bears legal responsibility in the event of a crash. This rule aligns with the duty that a human driver would have in a traditional vehicle, as stipulated by state laws.
A KXAN viewer recently inquired about this matter, particularly in instances where a robotaxi is at fault and no human driver is present. The query arose following Tesla CEO Elon Musk's statement about plans to deploy robotaxis in limited numbers in Austin by the end of June. In response, the National Highway Traffic Safety Administration (NHTSA) demanded details from Tesla on the rollout, with a deadline of June 19.
Texas legislation has evolved with the increase in autonomous vehicles. Senate Bill 2205, enacted in 2017, and House Bill 3026, signed in 2021, both clarify the legal ramifications when self-driving cars are involved in accidents. According to these laws, the operator of an autonomous vehicle is held accountable, not the passenger, especially if the vehicle is in fully autonomous mode, with the company or technology overseeing the system being considered the operator.
The 2017 legislation also endorsed autonomous vehicles to operate on public roads if they meet federal safety standards. It assigned responsibility for crashes to the manufacturer or technology provider, not the person inside the vehicle.
In 2021, Texas lawmakers reinforced this stance by treating autonomous vehicles as equivalent to human-driven vehicles under state traffic laws. This includes holding the autonomous system's operator accountable for violations or accidents if the system is at fault. Generally, passengers in autonomous vehicles are viewed like riders in taxis or rideshares, meaning they would not be held liable for the autonomous system's mistakes.
Though questions persist about insurance coverage, accident investigations, and fault determination as autonomous vehicle programs expand, Texas law currently exonerates passengers from being legally responsible for crashes caused by the vehicle's system. The liability rests with the company operating or providing the technology that led to the issue, as long as the passenger does not break any other laws during the ride.
Sources:How you can track driverless car incidents in Austin amid new safety concernsIs your insurance on the line if your robotaxi ride gets in a crash?
In light of Elon Musk's plans to deploy robotaxis in Austin by the end of June, it's important to note that Texas law holds the operators of autonomous vehicles responsible for crashes or accidents, not the passengers. This rule applies regardless of whether a human driver is present or not, as seen in Senate Bill 2205 (enacted in 2017) and House Bill 3026 (signed in 2021). Furthermore, the operator of an autonomous vehicle could face legal consequences for violations or accidents if the autonomous system is at fault, while passengers are treated similarly to riders in taxis or rideshares and thus are not held liable for the autonomous system's mistakes.
