Texas law holds autonomous vehicle operators, not passengers, liable for crashes.
A viewer contacted KXAN with a question about who is legally responsible when a robotaxi is involved in a traffic crash and determined to be at fault. The viewer asked whether the passenger would be held liable in such cases, especially since no human driver is present in the vehicle.
The question came after Tesla CEO Elon Musk stated that the company plans to have robotaxis operating in Austin in limited numbers by the end of June. In response, the National Highway Traffic Safety Administration (NHTSA) requested details from Tesla about the rollout, setting a deadline of June 19 for the company to provide answers.
Texas lawmakers have passed legislation over the years to address the rise of autonomous vehicles. Senate Bill 2205, enacted in 2017, and House Bill 3026, signed in 2021, both clarify issues related to legal responsibility when self-driving cars are involved in accidents.
Under Texas law, the operator of an autonomous vehicle is legally responsible for its actions, just as a driver would be if they were behind the wheel of a conventional vehicle. If the car is operating in fully autonomous mode, the company or person overseeing the technology is considered the operator—not the passenger.
The 2017 legislation made it clear that autonomous vehicles can operate on public roads without a human driver if the system meets federal safety standards. It also stated that when these vehicles are involved in crashes, the manufacturer or technology provider—not the person inside—bears responsibility.
In 2021, lawmakers reinforced this approach by specifying that autonomous vehicles are treated the same as human-driven cars under state traffic laws. That includes who can be held accountable for violations or accidents. If the autonomous system is at fault, the liability lies with the operator of the system, which is typically the manufacturer or developer behind the technology.
Legal experts have weighed in, stating that passengers in autonomous vehicles are generally treated as riders, similar to taxi or rideshare users. Just as someone riding in the back of a taxi is not responsible for the driver’s mistakes, a passenger in a driverless vehicle would not be liable for the actions of the autonomous system.
Still, liability can become more complex if a passenger interferes with the vehicle’s system or engages in behavior that directly leads to an accident. But in cases where the vehicle is fully in control and no human intervention occurs, Texas law places accountability on the system’s operator.
As companies like Tesla and Waymo expand their robotaxi programs in cities like Austin, questions about insurance coverage, accident investigations, and fault determination are expected to remain in the spotlight. Government agencies, both state and federal, continue to monitor how these systems are introduced and regulated.
For now, riders in autonomous vehicles in Texas are not legally considered responsible for any crashes caused by the vehicle’s system. The burden remains with the company operating or providing the technology that caused the issue, as long as no other laws are broken by the passenger during the ride.
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