Autonomous Big Rigs Test on California Highways, Raising New Liability Questions for Texas Carriers

Autonomous trucks weighing over 10,001 pounds are now permitted to test on California highways under regulations the California DMV adopted on April 28. Each vehicle must begin with a safety driver behind the wheel and log 500,000 miles per phase before transitioning to driverless operations. Companies like Kodiak AI and Aurora have secured testing permits, and on September 22, Kodiak began hauling freight between Fresno and Los Angeles. The Teamsters are challenging the rules in Alameda County Superior Court, arguing that the regulations do not adequately protect public safety.

For Texas, the nation's largest trucking state, this development matters. Many Texas-based carriers operate in California or have interstate routes that could soon intersect with autonomous corridors. As the technology spreads, Texas businesses and insurers may face similar liability questions. According to Barry P. Goldberg, founder of Barry P. Goldberg, A Professional Law Corporation, "A self-driving truck doesn't change the basic question of who caused the crash. It changes how many companies may share the answer." Goldberg, a recognized authority on uninsured and underinsured motorist law in California, added that "the key evidence lives in the truck's software and sensor logs, and the companies on the other side control those records."

In conventional truck crashes, fault can rest with the driver, the trucking company, the cargo loader, or the maintenance shop. Self-driving trucks add two new layers. First, the safety driver: during testing, a human operator must sit behind the wheel, and an operator who fails to take control can share fault with the carrier that employs them. Second, the technology company: when an automated driving system malfunctions, injured people may pursue a product liability claim against the company that designed it.

For Texas businesses, the implications are significant. Texas is home to major freight corridors and a growing autonomous vehicle sector. If California's regulatory model proves workable, Texas may see similar rules, expanding liability exposure for carriers, tech firms, and insurers. Companies that operate autonomous fleets or contract with them should review their insurance policies and indemnification agreements. Injured people should note the company names on the truck and contact a lawyer early, so every company involved receives a letter requiring it to keep its records, including software and sensor logs.

Whatever happens with the Teamsters' lawsuit, California law still lets injured parties pursue every party that contributed to the crash. As autonomous trucks move from test tracks to public highways, the question of who pays when something goes wrong will only grow more complex. Texas carriers and their insurers would be wise to watch these developments closely, because the road ahead may be driverless, but the liability will not be.