Regulations and Legal Challenges for Driverless Cars in Texas

Posted August 23, 2024 | Personal Injury Blog

As the auto industry advances towards driverless cars, Texas finds itself at the forefront. The Lone Star State has become a key testing ground for driverless cars. In 2017, the state passed Senate Bill 2205, laying the groundwork for testing and operating driverless cars on public roads.

However, this new technology presents new legal challenges. In this article, we will examine the current regulations and legal issues surrounding driverless cars in Texas. We will also consider how the state is adapting its laws to accommodate this technology.

Current Driverless Car Regulations in Texas

Under Texas law, autonomous vehicles can operate on public roads without a human driver. 

Senate Bill 2205 permits the operation of driverless vehicles in the state, provided that the vehicle:

• Adheres to state traffic and car regulations
• Has a recording device installed
• Has an automated driving system that meets federal regulations and safety standards
• Is registered and titled according to Texas laws
• Is protected by auto liability insurance or self-insurance

The law also states that the “owner” of the driverless car is considered the operator of the vehicle. This is still the case even if he or she is not physically present in the car.

While this new law has positioned Texas as a leader in driverless car legislation, it has also raised several legal issues.

1. Insurance and liability concerns

One of the most pressing legal challenges with driverless cars in Texas is determining liability after an accident. Traditional auto insurance models are based on human error. When a computer is in control, the lines of responsibility become blurred.

Texas law currently requires driverless car owners to carry the same minimum liability insurance as traditional car owners. However, determining coverage for vehicles with a lower risk of human error accidents is complicated. Insurance companies and lawmakers are grappling with adjusting premiums for such vehicles.

If an autonomous vehicle is involved in an accident, it may be unclear who should be held responsible. 

For example, the responsibility for an accident could lie with one of the following parties:

• The vehicle owner
• The manufacturer
• The software developer
• A combination of these parties

Texas courts have not set clear laws in this regard, creating legal uncertainty.

2. Data privacy and cybersecurity

Driverless cars generate and process vast amounts of data. 

These cars process:

• Location information
• Driving patterns
• Personal details about passengers

This data collection raises serious privacy concerns that Texas regulators must address. Currently, Texas does not have specific laws in place governing data collection and use by driverless cars. However, new regulations will likely be needed to protect consumer privacy and ensure secure data management.

Cybersecurity is another critical concern. As vehicles become more connected and reliant on software, they also become potential targets for hackers. Texas lawmakers are considering how to implement cybersecurity measures for driverless cars. It is important to protect both individual users and the broader transportation infrastructure.

3. Traffic laws and road infrastructure

While Texas has updated some of its traffic laws to accommodate driverless cars, many regulations are still for manually operated vehicles. 

This creates challenges in areas such as:

• Figuring out how to handle traffic stops and interactions with police
• Ensuring that autonomous vehicles meet inspection and maintenance standards
• Updating road signs and infrastructure so that autonomous vehicles can read and understand them correctly

The Texas Department of Transportation is working on updating road infrastructure to support driverless cars. This is a long-term process that will need a large financial investment. It will also require coordination with autonomous vehicle manufacturers.

4. Ethical considerations and programming decisions

One of the biggest issues facing regulators and manufacturers is ethics. How can driverless cars be programmed to make ethical decisions in unavoidable scenarios? While Texas law does not address this issue directly, it is a topic of ongoing debate.

Questions arise about how a driverless car should prioritize lives in a potential accident scenario. 

Some of these questions are:

• Should a driverless car protect its passengers at all costs?
• Should an autonomous vehicle be programmed to minimize overall harm, even if it puts its occupants at greater risk?
• Should the vehicle follow the preferences of its passengers or follow a predefined ethical framework?

5. Employment and economic impact

The rise of driverless cars could also affect employment in various industries. Texas, with its large trucking and transportation industry, may face workforce disruption. According to one source, autonomous vehicles (AVs) may cause significant job losses. 

People who could be affected by this change include:

• Low-skilled workers: Some might face job losses or changes in their employment due to automation. Industries like trucking or delivery services, where driver roles are prevalent, are especially at risk.
• People in various non-transportation fields: AVs may change how goods and services are delivered, potentially altering job markets.
• Younger people: Young ones who are more engaged with new technology may experience changes in job prospects as AVs become common. They might also face new educational needs to adapt to these advancements.
• People who don’t understand how AVs work: The struggle to adapt to new technology is a challenge for a wide range of people. Such ones might also face challenges navigating legal and insurance issues related to these vehicles.

As AVs become more common, leaders need to focus on training workers and building trust. Policymakers are working to balance the economic benefits of this technology with the potential job losses it may cause. This effort could result in new regulations for driverless vehicles in businesses. It could also lead to the creation of programs designed to help workers transition to new jobs.

6. Local vs. state vs. federal regulations

While Texas has established a statewide law for driverless cars, the ongoing debate continues. There is a pressing need to strike a balance between local, state, and federal regulations. 

In Texas, local governments cannot regulate autonomous vehicles. Texas Transportation Code 545.452(b) states that neither political subdivisions nor state agencies may impose regulations or franchises on the operation of automated motor vehicles or driving systems.

Federal regulations should be put in place as driverless cars start traveling between states. Having federal regulations will ensure uniformity across state lines. Currently, the National Highway Traffic Safety Administration (NHTSA) lets individual states address concerns from their residents and manufacturers. 

While this lack of federal regulation encourages innovation, it also creates uncertainty. This lack of surety can discourage investment in new autonomous technologies.

7. Future regulatory challenges

As autonomous vehicle technology continues to evolve, Texas will likely face new regulatory challenges. 

Some areas that may need legislative attention include:

• Addressing fully autonomous vehicles with no human controls
• Regulating autonomous vehicle-specific services like robotic taxis
• Updating driver licensing requirements for users of autonomous vehicles
• Establishing standards for vehicle-to-vehicle and vehicle-to-infrastructure communication

Texas as a Leader in AV Implementation

Texas has become a leader in adopting AV technology. However, there are critical legal and regulatory challenges ahead. Lawmakers and industry leaders need to work together to create rules that ensure public safety and address ethical concerns. They must focus on public safety and address ethical and societal issues. 

As we enter this new era of transportation, the legal landscape for driverless cars in Texas will keep changing. The success of autonomous vehicles in Texas will largely depend on how well the state can adjust its laws and regulations to keep up with this fast-evolving technology.

Contact Our Auto Accident Attorneys Today

If you have been involved in a driverless car accident or have questions about your rights in this emerging field of law, contact us. It’s better not to navigate these complex legal waters alone.

At Fielding Law, our experienced attorneys stay at the forefront of AV law and litigation. We’re here to protect your interests and ensure you receive fair treatment under the law.

Contact Fielding Law today for a consultation on how these new regulations might affect your case. Let us help you understand your rights and options in the rapidly changing landscape of AV law in Texas.