Rapid advances in autonomous trucking are outpacing federal regulation, raising litigation risks for manufacturers and fleets, reports New York's FreightWaves.

Product liability lawsuits could cost millions if autonomous trucks fail or underperform. Recent cases involving robotaxis and passenger vehicles highlight the stakes, including a US$243 million jury award against Tesla in 2025 for a fatal crash while in autopilot mode.

In trucking, responsibility is divided among original equipment manufacturers, software developers and fleet operators. Attorney Tray Gober said plaintiffs' lawyers often sue multiple parties in the supply chain, with liability hinging on whether safer alternative designs were available at the time of production.

Safety claims do not shield manufacturers. Courts focus on design alternatives rather than whether autonomous systems outperform human drivers. Mr Gober noted incidents where AVs failed to respond to school buses or four-way stops, underscoring challenges in mixed traffic with human drivers.

Crashworthiness standards also apply. If safety systems such as collision avoidance or lane assistance are absent or fail, manufacturers may face claims. Internal knowledge of safer designs can undermine defences based on compliance with federal rules.

Rising verdicts in trucking cases illustrate the risks. Daimler Truck North America faced a $160 million judgment in 2024, while trailer maker Wabash National initially received a $462 million verdict later reduced to a settlement of about $30 million. Analysts warn autonomous truck makers could face similar exposure as precedents emerge.