Self-Driving Big Rigs on California Highways Raise New Liability Questions for Crash Victims

As autonomous trucks begin testing on California highways, a leading truck accident lawyer explains how fault may be shared among multiple companies when a self-driving truck causes a crash.

Bay Area Metrowire Staff
••Legal
Self-Driving Big Rigs on California Highways Raise New Liability Questions for Crash Victims

The arrival of self-driving big rigs on California highways marks a significant shift in commercial transportation, but it also introduces complex questions about who is legally responsible when these vehicles crash. Under regulations the California DMV adopted on April 28, companies can now test autonomous trucks weighing over 10,001 pounds, provided they start with a safety driver and accumulate 500,000 miles per phase before moving to driverless operations. Kodiak AI and Aurora have already received testing permits, and on September 22, Kodiak began hauling freight between Fresno and Los Angeles. Meanwhile, the Teamsters are challenging the rules in Alameda County Superior Court, underscoring the unsettled legal landscape.

For injured motorists, the central issue is not whether a truck is self-driving but who caused the crash—and how many parties may share liability. "A self-driving truck doesn't change the basic question of who caused the crash. It changes how many companies may share the answer," said Barry P. Goldberg, founder of Barry P. Goldberg, A Professional Law Corporation, which represents victims of commercial vehicle accidents along Interstate 8 and State Routes 67 and 125. Goldberg, a recognized authority on uninsured and underinsured motorist law in California, emphasizes that the key evidence resides 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. This means a single crash could involve multiple corporate defendants, each with its own legal team and insurance coverage.

Given these complexities, 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 preserve records, including software and sensor logs. Whatever happens with the Teamsters' lawsuit, California law still lets victims pursue every party that contributed to the crash. For those in El Cajon and across California, a truck accident lawyer in El Cajon, CA can help navigate the overlapping layers of liability. As autonomous trucks become more common, understanding these new fault rules will be crucial for protecting the rights of accident victims.

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