Who is liable if a driverless (autonomous) truck hits you?

This isn't science fiction anymore

Companies have begun running driverless tractor-trailers on some Texas interstates, hauling real freight with no one in the cab. Other trucks run with self-driving software but still carry a safety driver. You may not be able to tell which is which by looking at it in traffic.

If one of these trucks hits you, the first thing to find out is exactly what was running it: fully driverless, a safety driver on board, or a regular driver using driver-assist features.

Who could be responsible

In an ordinary wreck, the case often starts with the driver and the trucking company that employed him. When software is doing the driving, the list changes.

• The carrier or fleet operator that put the truck on the road and controlled its operation
• The technology developer whose system made the driving decisions
• Manufacturers of sensors, cameras, brakes or other parts, under product liability rules
• A remote operator or support center, if humans were monitoring or assisting the truck
• Any company responsible for maintenance or calibration of the sensors

Product liability vs. negligence

A normal truck case mostly asks whether someone was careless. With an autonomous truck, product liability can move to the front. In many states, a product that is defectively designed or made can create liability for the manufacturer even without proof that a particular person was careless. Whether a self-driving system counts as a "product" for these purposes, and how the rules apply to software, is still being worked out.

Contracts between the developer and the carrier may also decide who ends up paying whom behind the scenes. That shouldn't change your right to bring a claim, but it can affect how many insurers show up.

The evidence is mostly data

A driverless truck records a huge amount: camera video from several angles, radar and lidar readings, what the system "saw", what it decided and when. That data can be far more detailed than a normal truck's ELD or dash cam.

It is also controlled by the companies you may be making a claim against. Getting it preserved quickly, and having someone qualified read it, is one of the first jobs for a lawyer on this kind of case.

What stays the same

A lot of truck-crash basics don't change just because software is steering. You still need medical care and records that connect your injuries to the crash. You still need a police report. Your own insurance still has notice rules. And the operating company's insurer still wants a quick, cheap statement from you.

The rules of the road also still apply to the truck. If it ran a light, drifted across a lane or followed too closely, that's evidence of fault whether a person or a computer made the call.

What changes is who you're up against. Expect well-funded companies with engineers and technical experts ready to explain the data their way. That's reason enough to have your own lawyer involved early, preferably one comfortable with technical evidence.