Implement Operational Strategies to Mitigate CAV Liability Risks by Managing Data, Implementing Safety and Privacy Protocols for Unmanned Vehicles, and Altering Contracts.
Researchers Identified Places that CAVs Could Expose Government Agencies to Liability and then Specified Indemnification Practices.
Texas, United States
Investigate Potential Connected and Automated Vehicle (CAV) Liability Issues Within TxDOT
Summary Information
Connected and automated vehicles (CAVs) aim to transform mobility with advanced, driverless systems integrated into networks of vehicles, infrastructure, and devices. However, uncertainty exists around the legislation for licensing and operating these technologies, particularly regarding liability issues. This research project sought to identify potential tort liability for governmental agencies associated with CAV technologies, despite their general sovereign immunity. To achieve this, the project involved a comprehensive literature review, stakeholder interviews, legal analysis, use case studies, and a research symposium. The stakeholder interviews were conducted in 2022. The research team reviewed 45 key documents, including research from the TRB National Cooperative Highway Research Program, various research institutions, advocacy groups, and policy documents from state DOTs, USDOT, NHTSA, and other agencies. The findings were compiled into a master spreadsheet, forming the basis for the project's conclusions, and were published via a web-based tool.
- Develop a robust data management framework to deal with sensitive data, including personal information, trade secrets, and proprietary interests. These actions would reduce the transportation agency's liability, safeguard personal privacy, and protect the proprietary interests of technology and business system providers involved in data generation.
- Implement safety and privacy protocols for the use of Unmanned Aerial Vehicles (UAVs) in infrastructure inspections. This study suggests placing signs on roadways to notify travelers of drone usage and image capture, conducting drone inspections on closed roads for safety, and integrating AI into UAV systems to automatically screen and blur faces in images, enhancing privacy protection.
- Revise contracting practices to ensure adequate insurance for CAV projects. New requirements about CAV insurance requirements and dispute resolution via specialized adjudicators should be added. For example, detailed insurance requirements that cover not only the operator but also specific CAV functions can be added, ensuring comprehensive protection against accidents as the technology evolves.
