Liability for an Autonomous Truck Crash
Self-driving commercial trucks are on public roads now. When one causes a crash, the liability questions are unlike anything in traditional truck accident law.
In May 2025, Aurora Innovation launched the first fully driverless commercial trucking operations on public highways — Level 4 autonomous trucks hauling freight along Interstate 45 in Texas without a human safety driver onboard. Self-driving trucks are no longer theoretical. As this technology spreads across the country and eventually into Kentucky’s freight corridors, crash victims will face a new set of liability questions: When a truck with no human driver causes a crash, who is responsible? The answer involves technology companies, fleet operators, truck manufacturers, and an evolving patchwork of state and federal regulations that is still catching up to the technology on the road.
The SAE Levels of Automation — What They Mean
The SAE International J3016 standard defines six levels of driving automation, from Level 0 (no automation) to Level 5 (full automation in all conditions). Understanding where a specific truck falls on this scale is essential for determining liability:
Current commercial deployments are at Level 4 — meaning the system operates without a human driver on specific defined routes under specific conditions. When conditions exceed those definitions, the system is supposed to bring the vehicle to a safe stop. What happens when it doesn’t is at the center of most autonomous truck liability questions.
(FMCSA)
Who Can Be Held Liable When an Autonomous Truck Causes a Crash?
Liability in an autonomous truck crash is not assigned to a single party. Multiple entities may bear responsibility, and determining which ones requires a thorough analysis of the technology involved, the deployment context, and what went wrong:
The Autonomous Vehicle Technology Developer
The company that develops and deploys the autonomous driving system — currently companies like Aurora Innovation, Waymo Via, or Kodiak Robotics — may be liable under both product liability and negligence theories if the system failed to perform as designed or was deployed in conditions outside its validated operational parameters. When software makes a decision that causes a crash, the developer of that software is a potential defendant.
The Truck Manufacturer
The manufacturer of the truck itself may be liable if the vehicle’s mechanical systems — brakes, steering, sensors — failed in a way that contributed to the crash. As autonomous systems integrate directly with vehicle hardware, the line between software liability and hardware liability becomes blurred. Both the technology developer and the truck manufacturer may be jointly liable for integrated system failures.
The Fleet Operator / Motor Carrier
The company that operates the autonomous truck — whether as a fleet owner or a carrier using the autonomous system — retains traditional carrier obligations under FMCSA regulations. The carrier must maintain the vehicle in safe operating condition, ensure it’s being operated within its validated operational design domain, and maintain adequate insurance coverage. Carriers who deploy autonomous trucks on routes or in conditions outside the technology’s validated parameters may be directly negligent.
A Remote Safety Operator (If Present)
Some Level 4 deployments include remote operators who monitor the vehicle and can intervene in certain situations. If a remote operator failed to respond appropriately to a situation that required intervention, that operator and their employer may share liability. The question of what “appropriately” means in a scenario developing faster than human reaction time is an active area of litigation.
Maintenance and Infrastructure Contractors
Autonomous vehicles depend on map data, sensor calibration, and infrastructure in ways that traditional trucks don’t. A failure in map updating, sensor maintenance, or even road marking that the system relied on could create liability for entities beyond the typical carrier-driver-manufacturer trio.
Kentucky Law on Autonomous Vehicles — What You Need to Know
Kentucky Senate Bill 241 (2025) established a framework for autonomous vehicle operations in the state. Key provisions relevant to crash victims include:
- Autonomous vehicles operating in Kentucky must carry a minimum of $5,000,000 in liability insurance — significantly higher than the $750,000 minimum for conventional commercial trucks
- The operator of record (the entity deploying the AV) is treated as the operator for liability purposes when there is no human driver
- The AV must comply with all applicable traffic laws and federal safety regulations
- Insurers may not deny coverage solely on the basis of autonomous technology being the proximate cause of a crash
This framework is new and its application to actual crash cases is still being developed through litigation. Having an attorney who understands both the technology and the evolving law is essential.
The Data Advantage in Autonomous Truck Cases
If standard commercial trucks generate significant data, autonomous trucks generate an order of magnitude more. A typical autonomous commercial truck produces approximately 4 terabytes of data per day — including:
- LiDAR point clouds showing the environment the truck perceived in three dimensions
- Camera feeds from multiple angles recording what the system “saw”
- Radar data tracking surrounding vehicle positions and velocities
- Decision logs showing what the system decided to do and why
- Sensor fusion records showing how disparate inputs were integrated
- System status logs showing whether any component was degraded or failed
- Remote operator logs (if applicable)
- Map matching data showing whether the truck was operating in its validated zone
This data is extraordinarily valuable in establishing exactly what the system perceived, what decision it made, and whether that decision was within the parameters of what the technology was supposed to do. Securing this data requires immediate action — the same preservation demand process used in conventional truck cases, but directed at companies with complex data architectures and strong legal teams of their own.
Autonomous truck crash cases are at the frontier of personal injury law. They combine product liability, traditional trucking negligence, software liability, and new state regulatory frameworks in ways courts have not yet fully resolved. Sam Aguiar’s dedicated trucking team is tracking these developments and positioned to pursue claims involving autonomous commercial vehicles in Kentucky and beyond.
Current State of Autonomous Trucking (2025–2026)
As of 2025–2026, fully driverless commercial truck operations are limited to specific corridors in states with permissive AV frameworks — primarily Texas, Arizona, and select others. Kentucky had not yet authorized fully driverless commercial operations as of the time of this writing. However:
- Level 2 driver assistance features (lane-keeping, adaptive cruise, automatic emergency braking) are now standard equipment on many commercial trucks operating in Kentucky
- Level 3 conditional automation systems are in testing
- Interstate freight corridors in Kentucky are among the routes being evaluated for future Level 4 expansion
- Crashes involving Level 2 automation features — where the system was operating but the human driver failed to respond when required — are already occurring on Kentucky roads
Even before full autonomy arrives, crashes involving commercial trucks with advanced driver assistance systems raise questions about whether the driver appropriately monitored the system and whether the manufacturer’s design contributed to the crash.
Frequently Asked Questions
Can I sue the company that made the self-driving software if an autonomous truck hits me?
Yes. If the autonomous driving system failed in a way that caused the crash, the developer of that software may be liable under product liability and negligence theories. Cases can be complex because they require expert analysis of what the system perceived, what decision it made, and whether that decision was consistent with the system’s validated design. The key is securing the truck’s sensor and decision logs immediately after the crash.
Does a truck need to be fully driverless for an autonomy liability claim to apply?
No. Even Level 2 driver assistance features — lane-keeping systems, automatic emergency braking, adaptive cruise control — can create manufacturer liability if they malfunction or perform in a way that surprises the driver and contributes to a crash. Crashes involving active driver assistance features are already generating product liability claims against truck and technology manufacturers.
What insurance applies to crashes involving autonomous trucks in Kentucky?
Under Kentucky SB 241 (2025), autonomous vehicles operating in Kentucky must carry at least $5,000,000 in liability insurance — significantly more than the $750,000 minimum for conventional commercial trucks. The operator of record is responsible for maintaining this coverage. In addition, the truck manufacturer and autonomous system developer may carry their own product liability coverage. Identifying all available insurance sources is an essential part of any autonomous truck crash claim.
Are autonomous trucks safer than human-driven trucks?
The technology companies developing autonomous trucks argue their systems will reduce crashes caused by human error — fatigue, distraction, impairment — which account for a significant percentage of truck crashes. Independent safety data on fully autonomous commercial truck deployments is still being collected. The National Highway Traffic Safety Administration (NHTSA) and FMCSA are actively developing regulatory frameworks for evaluating AV safety performance. The technology may be safer in some conditions and more dangerous in others.
What should I do if I’m hit by a self-driving or autonomous truck?
The same immediate steps apply as in any truck crash: call 911, get medical attention, photograph the scene and the truck’s DOT/identifying numbers, and do not give recorded statements. Additionally: note any visible technology on the truck (sensor pods, cameras, LIDAR units), and contact an attorney immediately. Autonomous truck operators will have sophisticated legal and technical teams responding immediately — you need experienced representation in place as quickly as possible.
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