Who is liable when a self-driving car crashes in Texas?

That statute does not settle every case. A robotaxi crash can trace back to the software, a remote operator, a vehicle defect, or a person in another car, and liability follows whatever actually caused the harm.

Who is the driver of a self-driving car under Texas law?

The automated driving system is. When it is engaged, Texas law provides that "the automated driving system is the operator of the vehicle, including for purposes of assessing compliance with applicable traffic or motor vehicle laws" (Tex. Transp. Code § 545.454(a), as amended by SB 2807 in 2025).

A few related rules fill in the picture:

1. Tickets go to a company or owner. Traffic citations for a driverless vehicle go to the owner, or to the authorization holder (§ 545.454(b)).
2. Operators need state authorization. Companies must get authorization from the Texas Department of Motor Vehicles (TxDMV) to run driverless vehicles, and enforcement began May 28, 2026 (§ 545.456).
3. The car has duties after a crash. The vehicle, or a person acting on its behalf, must comply with the duties after a collision in Transportation Code ch. 550 (§ 545.457).
4. The state can pull authorization. TxDMV may suspend, revoke, or restrict an authorization when operation "has resulted in or is likely to result in serious bodily injury" (§ 545.459).

The practical effect: under Texas law, an empty driver's seat does not mean no one was operating the car. The statute speaks most directly to traffic-law compliance, and how far it reaches in a civil injury claim is a legal question a Texas lawyer will need to work through on the facts.

Can you sue a self-driving car company?

Yes. Claims can be brought against the company that operates the vehicle and, where a defect played a role, the company that made it. The two main theories are negligence and product liability, and a case can involve both.

	Negligence	Product liability
The basic question	Did the company fail to use reasonable care in how it ran the vehicle?	Was the vehicle or its driving system defective in design, manufacture, or warnings?
Usual target	The operating company or authorization holder	The manufacturer and others in the chain that built the system
What gets examined	Whether the car followed traffic laws, remote-operator decisions, maintenance, and the company's response to known problems	Software design, sensor performance, recalls, and the warnings given
Key evidence	Trip logs, remote-operator logs, internal incident records	Engineering records, recall documents, the vehicle's recorded data

Which claims fit depends on the evidence. Sometimes one company both builds and runs the cars, as Tesla does; its registered Texas vehicles are Model Y and Cybercab vehicles, according to Tesla North, a fan site. Sometimes the roles split: the San Antonio Express-News described Avride's fleet in September 2026 as 344 Hyundai Ioniq 5s, so Avride did not build the cars it uses.

Software problems can be product problems. After Waymo vehicles passed stopped school buses, NHTSA opened an investigation in October 2025, and Waymo recalled the software on 3,067 vehicles in December 2025, according to NHTSA recall records. A recall does not prove a defect caused any particular crash, but recall records are the kind of evidence a product claim looks for. Our article on suing Waymo after a crash covers that company's record.

What if another human driver caused the crash?

Then that driver is responsible, and the robotaxi company may not be. Many of the crashes Tesla reported to NHTSA involved another driver striking the Tesla; in one July 2025 crash, an SUV rear-ended a Tesla Robotaxi at about 2 mph, according to Electrek. In the August 2026 Dallas crash that killed a pedestrian, an SUV struck the pedestrian, who was thrown into an unoccupied Waymo. Police announced no arrests or charges, and the investigation was ongoing, according to the San Antonio Express-News and NBC DFW.

Even then, the robotaxi matters. Its cameras and sensors may be the clearest record of what the other driver did, and the company controls that record. See our article on Tesla Robotaxi crashes for that company's reporting history.

How does shared fault work in a Texas robotaxi case?

Texas divides responsibility by percentage. Under the state's proportionate responsibility law, damages are reduced by your own percentage of responsibility, and you recover nothing if you are more than 50% responsible (Tex. Civ. Prac. & Rem. Code ch. 33).

A simple illustration, not a prediction: a pedestrian's damages total $100,000, and a jury finds the pedestrian 20% responsible for stepping out mid-block. The recovery drops to $80,000. At 51%, it is zero.

That 50% line is why the vehicle's camera, lidar, and log data matter so much. Those records can push fault toward you or away from you, so get them preserved before anyone starts assigning percentages.

Who is responsible when a remote operator was controlling the car?

The remote operator's conduct becomes part of the case, and the company behind that operator may be responsible for it. According to TechCrunch (May 15, 2026) and Electrek (July 20, 2026), at least three Tesla crashes involved remote operators controlling the car: a fence in Austin in July 2025, a barricade struck at about 9 mph in Austin in January 2026, and a tree stump in Houston in May 2026.

When did the remote operator take over? What was on that person's screen? Was the handoff late? The answers sit in company logs, so a preservation demand should name them. Our guide to preserving robotaxi crash video and sensor data lists what to request.

What insurance covers a self-driving car crash in Texas?

Texas applies its rideshare insurance rules to robotaxis. An automated motor vehicle is "considered a transportation network company driver" for the state's rideshare coverage requirements (Tex. Ins. Code § 1954.003, added by SB 2807).

Situation	Minimum coverage	Source
During a prearranged ride	$1 million aggregate liability coverage	Tex. Ins. Code § 1954.053
Logged in and available, but not on a ride	50/100/25 liability coverage	Tex. Ins. Code § 1954.052
Operating a driverless vehicle generally	Liability coverage or self-insurance at least equal to what state or federal law requires	Tex. Transp. Code §§ 545.455(b)(6), 545.456

Uber can be part of this picture. Waymo's Austin service has been booked through the Uber app since March 2025, so Uber may hold trip records and its role needs examining. Our article on who pays after an Uber or Lyft accident explains the rideshare coverage tiers. If a human driver caused the crash, that driver's insurance comes into play too.

Do app terms or arbitration clauses affect your claim?

They can, and a lawyer needs to read them. Robotaxi rides are booked through apps, and app terms of service may address where and how disputes are resolved. Whether those terms apply to you, and what they say, can change how a claim proceeds, so do not assume either way. Pedestrians and other drivers never booked a ride, which usually puts them in a different position, but that deserves review too.

How long do you have to file a self-driving car claim in Texas?

Two years. Texas gives injured people two years to file a personal injury lawsuit and two years from the date of death for a wrongful death claim (Tex. Civ. Prac. & Rem. Code § 16.003).

The data clock matters more. No federal law gives a crash victim a right to an AV company's camera, lidar, or log data, so getting it depends on preservation demands and, after filing, court discovery. A written demand sent early puts the company on notice. A Texas lawyer should confirm the filing deadline, and our article on who pays when a robotaxi crashes in Texas covers the first steps after a crash.

Sources

• NHTSA recall report 25E-084, December 10, 2025: the Waymo school-bus software recall.
• San Antonio Express-News via GovTech, September 16, 2026: Avride's fleet and the Dallas fatality.
• NHTSA, Standing General Order 2021-01 (Third Amended, effective June 16, 2025): federal crash reporting rules.
• Electrek, February 17, 2026; Electrek, May 15, 2026; Electrek, July 20, 2026: Tesla crash severity update and remote-operator crashes.
• TechCrunch, May 15, 2026: remote-operator crashes.
• Tesla North, October 9, 2026: Tesla's registered Texas vehicles (a fan site).
• CBT News, December 8, 2025: the Waymo school-bus investigation and recall.
• NBC DFW, August 8, 2026: the Dallas fatality.
• Texas statutes: Tex. Transp. Code §§ 545.454 to 545.459; Tex. Ins. Code §§ 1954.003, 1954.052, and 1954.053; Tex. Civ. Prac. & Rem. Code § 16.003 and ch. 33.

Working with GB Law

Gianna Scatchell Basile is licensed to practice law in Illinois. GB Law does not represent clients in Texas or Florida. If you were hurt in a crash outside Illinois, we can help you find a lawyer licensed where it happened. If we refer your matter to another firm or work on it with one, we will tell you who that lawyer is and how any fee is divided before you sign anything, and you must agree to it in writing.

Questions people ask

Can a self-driving car get a traffic ticket in Texas?

The car does not get the ticket, but someone does. Texas law directs citations for a driverless vehicle to the vehicle's owner or to the authorization holder (Tex. Transp. Code § 545.454(b)). A citation is a traffic matter, separate from an injury claim, and whether it can be used in an injury case is a question for a lawyer.

Is the manufacturer liable if the self-driving software made a mistake?

It can be, if a defect in the design, manufacture, or warnings caused the crash. Software recalls show how these issues surface: Waymo recalled the software on 3,067 vehicles in December 2025 after an NHTSA investigation into vehicles passing stopped school buses, according to NHTSA recall records and CBT News. Whether a defect caused a particular crash depends on the vehicle data.

Can I sue Uber if my robotaxi ride was booked through Uber?

Possibly, depending on the facts and the terms you accepted. Waymo's Austin rides have been booked through the Uber app since March 2025. Texas treats an automated vehicle as a transportation network company driver for insurance purposes (Tex. Ins. Code § 1954.003), bringing $1 million in aggregate liability coverage during a prearranged ride (§ 1954.053). Uber's role in a given trip needs a lawyer's review.

Who pays if I was a robotaxi passenger and another car hit us?

The driver who caused the crash is the main target, along with that driver's insurer. Whether the robotaxi also contributed, for example by stopping or turning unexpectedly, is a question its own data can answer. Texas lets fault be shared, so the robotaxi company may still be part of the claim if the evidence supports it.

Can Texas shut down a robotaxi company after a serious crash?

Texas can act against a company's authorization. TxDMV may suspend, revoke, or restrict it when the company's operation has resulted in, or is likely to result in, serious bodily injury (Tex. Transp. Code § 545.459). TxDMV also opened a public complaint process for automated vehicles on June 2, 2026. Regulatory action does not pay damages; that takes a separate claim.

Does a crash report filed with NHTSA prove who was at fault?

No, it records that a crash happened and met federal reporting criteria. Under NHTSA's Standing General Order 2021-01, operators must report crashes involving a fatality, a hospital-treated injury, a struck vulnerable road user, an airbag deployment, or a tow-away within five calendar days. Public versions are partly redacted, useful as a cross-check, but fault takes fuller evidence.