Autonomous or “driverless” vehicles are moving from science fiction into Texas streets. Companies like Waymo, Cruise, Zoox and others are testing and rolling out robotaxi services, and that new technology brings new convenience – and new kinds of risk. When accidents occur, driverless car accident attorneys also must consider new laws and processes.
If you or a loved one were injured in a crash involving a driverless vehicle, the legal landscape is more complicated than a typical car wreck. Below the driverless car accident attorneys at Kherkher Garcia explain how these services operate in Texas. We explore the main hazards, current litigation trends, who may be liable, why suing an AV company can be difficult.
If you have been injured in a Waymo accident, talk to an attorney experienced with autonomous-vehicle cases right away.
Driverless services in Texas – Where They are and How They Operate
Several major AV companies are expanding testing and limited service in Texas cities. Waymo has been publicly demonstrating and preparing deployments in North Texas and announced demonstrations ahead of a planned launch. It has also run testing activity in Austin and, more recently, in Houston.
These companies often begin with mapped, geofenced service areas, extensive sensor suites, remote monitoring, and safety engineers riding along during early testing phases. Texas law also specifically addresses the operation of automated vehicles and has provisions that regulate how certain levels of automation may operate on public roads.
Common Hazards of Driverless Services
Autonomous vehicles introduce hazards that are both similar to and different from traditional crashes:
- Unpredictable system behavior: Software misperception of obstacles, poor decision-making at intersections, or unexpected lane changes.
- Edge-case failures: Unusual scenarios (e.g., a pedestrian suddenly stepping into the road, complex construction zones) that the AV’s training data didn’t cover.
- Human/AV interactions: Other drivers, bicyclists or pedestrians may not anticipate how a robotaxi will behave (and vice versa).
- Operational failures: Poor mapping, sensor occlusion (fog, glare), or faulty maintenance.
- Reporting and transparency problems: Companies may delay or misreport crash circumstances to regulators, making investigations harder for victims. Recent enforcement actions against AV companies highlight this risk.
What Current Litigation Looks Like
Lawsuits related to self-driving vehicles are already being filed across the country against manufacturers, operators, and occasionally third parties. Claims typically assert negligence, product liability (defective design or failure to warn), and sometimes statutory violations. High-profile enforcement and settlement actions (including criminal or regulatory resolutions) against AV companies have also raised questions about corporate practices and public safety oversight. Courts are still wrestling with how to apply traditional tort law to complex, software-driven systems.
Who May be Liable After a Robotaxi Crash
Determining liability in an AV collision is fact-specific and often complex. Potential defendants include:
- The AV manufacturer or software company (for design or programming defects).
- The ride operator or service company (if the company’s operational choices, dispatching, or monitoring were negligent).
- A human safety driver or remote operator (if one was assigned and failed to act).
- A third-party parts supplier or maintenance contractor (if a defective sensor or bad repair caused the failure).
- Another motorist, pedestrian, or governmental entity (if traditional negligence or roadway design issues contributed).
Because AVs combine hardware, software, mapping, and operational controls, plaintiffs often bring multiple overlapping theories to cover different ways a system could fail. For example, (product liability + negligence + failure to warn).
Why Suing a Company Like Waymo Can be Difficult
Bringing a successful case against an AV company presents unique hurdles. Working with a law firm experienced in self-driving accidents is imperative. Some of the reasons why these cases are difficult include:
- Technical complexity: Cases require experts in robotics, sensor systems, machine learning, and human factors to explain causation to judges and juries.
- Data access and preservation: AV companies collect extensive logs, video and telemetry. Securing timely preservation and access to that data is essential but often contested.
- Corporate resources and litigation posture: Large tech companies have deep legal teams and may challenge jurisdiction or forum selection, argue preemption, or push complex discovery disputes. Some courts have dismissed or delayed AV-related claims for procedural reasons (forum issues and other defenses have appeared in AV litigation).
- Regulatory interactions: Parallel investigations by NHTSA or other agencies (and, in rare cases, enforcement or criminal matters) can complicate civil discovery and delay cases. Recent regulatory resolutions involving AV companies illustrate how enforcement processes can intersect with private claims.
Why You Should Contact an Attorney who Understands AV Law
If you were injured in an incident involving a driverless vehicle, time is critical. An attorney with experience in AV and product-liability litigation can:
- Preserve critical evidence (vehicle telemetry, sensor logs, in-vehicle video, maintenance records).
- Identify and retain the right technical experts (robotics, sensor fusion, software validation).
- Navigate regulatory and discovery hurdles with companies that vigorously defend claims.
- Evaluate defendants and claims to determine whether to sue the manufacturer, operator, supplier, or others.
Because autonomous vehicle litigation blends product liability, transportation law, and complex engineering, an early consult with counsel who knows how to unpack that technical record is essential.
Frequently Asked Questions Our Driverless Car Accident Attorneys Receive
Q: Can I sue if an AV was “in autonomous mode” at the time of the crash?
A: Yes. Mode of operation is one important fact, but liability turns on causation: did a design defect, operational failure, or another party’s negligence cause your injuries? Your attorney will seek the vehicle’s logs, video and mapping data to answer that question.
Q: Who investigates an AV crash?
A: Local law enforcement typically responds first. For serious crashes, federal agencies such as NHTSA may open investigations. Independent counsel will also send preservation letters to the AV operator to secure data.
Q: How long do I have to file a claim in Texas?
A: Texas has statute-of-limitations deadlines for personal injury and wrongful death claims. Typically, the statute of limitations is two years from the date of the incident. Missing these deadlines can bar your case. Speak to an attorney promptly to protect your rights.
Q: Are settlements common in AV cases?
A: Many motor vehicle cases settle, but AV cases can involve significant negotiation and technical disputes. Some plaintiffs have obtained settlements; others continue in litigation as the law develops.
Contact Kherkher Garcia: Experienced Attorneys Handling Modern Cases
At Kherkher Garcia, we handle all types of automobile and transportation claims, including crashes involving autonomous and semi-autonomous vehicles. Our attorneys know how to preserve critical evidence, work with engineers and AV experts, and press large companies for the full financial recovery victims deserve.
If you or a loved one were hurt in a collision involving a driverless vehicle, contact Kherkher Garcia for a free consultation. We will review your case, explain your options, and move quickly to protect your rights. Get started with your consultation now by calling us at 713-333-1030. You can also request information or schedule a consultation by submitting our website contact form.
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