Autonomous vehicle regulation is still being written, not enforced
There is no single federal rule for self-driving cars in the United States. Instead, the National Highway Traffic Safety Administration (NHTSA) issues non-binding guidance, individual states pass their own laws, and cities decide what they will allow on their streets. This means a vehicle legal in Arizona might be illegal in California, and what works in San Francisco today might change next year.
The reason for this patchwork is that self-driving technology moves faster than regulation. NHTSA published its first guidance document in 2016 and updated it in 2020, but these are recommendations, not rules with penalties. States and cities have filled the gap by creating their own frameworks—some permissive, some restrictive, most still experimental.
What this means for you: if you live in or travel through a state with autonomous vehicles operating, the rules governing those vehicles are likely different from what you assume, and they change frequently. Understanding where regulation actually sits helps you know what to expect on the road and what protections exist if something goes wrong.
Key Takeaways
- NHTSA has issued guidance but not federal rules, so each state and city sets its own standards for testing and operation of self-driving vehicles.
- California, Arizona, and Texas allow limited autonomous vehicle testing and operation under state permits, but the rules and restrictions differ significantly between them.
- Liability after a crash involving a self-driving vehicle is still unclear in most states, and insurance requirements vary depending on whether the vehicle is in testing or commercial service.
- Safety data reporting is required in some states but not others, so the public does not have uniform information about how often autonomous vehicles fail or cause incidents.
How states currently regulate self-driving car testing
California requires companies to obtain a permit from the Department of Motor Vehicles before testing autonomous vehicles on public roads. The company must prove insurance coverage, submit a safety plan, and report any accidents or safety-critical events to the state. California also requires a human driver in the vehicle during testing, though some companies have been granted permission to operate without one in limited areas.
Arizona has taken a lighter approach. The state does not require a permit for testing, though companies must register with the Department of Transportation. Waymo, which operates a commercial robotaxi service in Phoenix, does not need a human driver in the vehicle. Arizona requires reporting of accidents but does not mandate the same level of pre-testing documentation as California.
Texas allows autonomous vehicle testing under a similar framework to Arizona—registration rather than permitting, no requirement for a human driver, and accident reporting. Cruise, a General Motors subsidiary, operated a commercial robotaxi service in San Francisco until it suspended operations in 2023 after a series of incidents, including a collision with a fire truck.
Other states have either banned autonomous vehicles on public roads, allowed only limited testing, or have not yet created formal rules. This fragmentation means a company operating in multiple states must comply with different requirements in each one.
What happens after a crash involving a self-driving car
Liability is the unsolved problem in autonomous vehicle regulation. If a self-driving car causes a crash, it is not yet clear whether the manufacturer, the operator, the owner, or the human passenger is legally responsible. Most states have not passed laws addressing this, so liability would be determined by existing negligence law and whatever insurance policies are in place.
In California, companies operating autonomous vehicles must carry insurance or post a bond. The amount varies depending on whether the vehicle is in testing (usually $5 million) or commercial operation (amounts vary by company and service). However, insurance does not clarify who is at fault—it only ensures money is available to pay damages.
If you are injured in a crash involving an autonomous vehicle, you would likely file a claim against the vehicle operator's insurance, just as you would after any other accident. Your own insurance may also be involved. The actual information of fault would depend on the specific circumstances and could take years to resolve through litigation if the parties disagree.
No state currently requires autonomous vehicle operators to carry insurance specifically designed for self-driving incidents, so the coverage available may not address the unique ways these vehicles fail—for example, a software error that causes the vehicle to brake suddenly or fail to detect an obstacle.
Safety data and what the public actually knows
NHTSA does not require autonomous vehicle operators to report safety data to a central database. This means there is no single source of information about how often self-driving cars crash, what types of failures occur, or how their safety compares to human drivers.
California requires companies to report accidents and safety-critical events to the state, and some of this data is public. However, companies can request that certain information be kept confidential for competitive reasons. Arizona and Texas do not have the same reporting requirements, so incidents in those states may not be documented in any public record.
This creates a transparency problem: you cannot easily find out how safe autonomous vehicles actually are in your area, because the data is either not collected, not standardized, or not released. Some companies publish their own safety reports, but these are voluntary and not independently verified.
Federal guidance versus state law: which one applies
NHTSA's guidance documents outline best practices for autonomous vehicle development, testing, and operation. They cover topics like cybersecurity, human-machine interfaces, and crash reporting. However, guidance is not law—it does not carry penalties, and companies can deviate from it without violating federal rules.
State laws, by contrast, are enforceable. If California says you must have a human driver in a testing vehicle and you do not, the state can revoke your permit. If Arizona says you must report accidents and you do not, you can face fines or suspension of your registration.
In practice, companies often follow NHTSA guidance even where state law does not require it, because doing so reduces legal risk and makes it easier to operate in multiple states. However, there is no may provide that NHTSA guidance will become law, and states may impose stricter requirements than the guidance recommends.
What is changing in autonomous vehicle rules
NHTSA has signaled that it may move toward formal federal rules rather than guidance alone. In 2022, the agency began a process to potentially regulate autonomous vehicles more directly, but as of now no final rules have been published. This process could take several years.
Individual states continue to pass new laws. Some are loosening restrictions—for example, allowing operation without a human driver or expanding the geographic areas where testing is permitted. Others are tightening rules in response to incidents or public concern.
The insurance industry is also shaping regulation indirectly. As more autonomous vehicles operate, insurers are developing policies and pricing models that reflect the actual risk. This may push manufacturers to improve safety systems or push regulators to require higher safety standards before operation is permitted.
How to find out what rules explore where you live
Your state's Department of Motor Vehicles or Department of Transportation website will have information about autonomous vehicle rules in your state. Some states have dedicated pages; others have the information buried in general regulations. Searching "[your state] autonomous vehicle regulation" or "[your state] self-driving car rules" usually gets you to the right place.
If you are in a city where autonomous vehicles operate—such as Phoenix, San Francisco, or Austin—the city government may have additional rules beyond state law. Check your city's transportation or planning department website.
NHTSA's website includes its guidance documents and information about federal policy, but remember that this is guidance, not law. It is useful for understanding what the federal government thinks is important, but it does not tell you what is actually required in your state.
Frequently Asked Questions
Can a self-driving car legally drive itself on public roads where I live?
That depends on your state and city. In California, Arizona, and Texas, some autonomous vehicles operate on public roads under state permits or registrations. In most other states, autonomous vehicles are either banned on public roads or only permitted for limited testing. Check your state's Department of Motor Vehicles website or search for your state's autonomous vehicle law to find out what is allowed.
Who is responsible if a self-driving car hits me?
Liability is not yet clearly defined in most states. You would likely file a claim against the vehicle operator's insurance, as you would after any other accident. Determining who is actually at fault—the manufacturer, the operator, the owner, or the software—could take years and may require litigation. Make sure your own insurance covers accidents involving autonomous vehicles.
Do self-driving cars have to report crashes?
It depends on the state. California requires reporting of accidents and safety-critical events. Arizona and Texas require accident reporting but with fewer details. Other states may not have specific reporting requirements. Even where reporting is required, some information may be kept confidential.
Is there a federal rule that applies everywhere?
No. NHTSA has issued guidance, but this is not law and does not explore uniformly. Each state sets its own rules. NHTSA may eventually create federal regulations, but this process is still ongoing and no final rules have been published.
What should I do if I am hit by a self-driving car?
Treat it like any other accident: call the police, get the other driver's information and insurance details, take photos, and report it to your own insurance company. If the vehicle is operating as part of a commercial service, get the company name and contact information. Document everything, because liability questions may take time to resolve.