Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Self-driving cars are no longer just a futuristic concept. They are already on the roads, changing the way we think about transportation. In Nevada, autonomous vehicles have been around for over a decade, with Las Vegas leading the way in testing and implementation.

With these advancements come critical legal questions: Who is responsible if a self-driving car gets into an accident? What laws regulate these vehicles? How does Nevada compare to other states when it comes to driverless technology?

If you live in Nevada or are simply curious about the state’s approach to self-driving cars, this guide will help you understand everything you need to know.

Nevada’s Self-Driving Car Laws: Key Regulations

Nevada was the first state in the U.S. to legalize self-driving cars back in 2012. This move paved the way for companies like Google, Uber, and Tesla to test their technology on Nevada roads. Since then, state laws have evolved to regulate the licensing, operation, and liability of autonomous vehicles.

One of the most significant laws is Assembly Bill 511, which established the framework for self-driving vehicle testing and operation. This bill set the foundation for regulations that require autonomous vehicles to be licensed and registered with the Nevada Department of Motor Vehicles (DMV) before they can operate.

Key Regulations for Self-Driving Cars

Key Legal Requirements for Self-Driving Cars in Nevada

Under Nevada Revised Statute (NRS) 482A, self-driving vehicles must meet several safety and operational standards:

“An autonomous vehicle must be capable of achieving a minimal risk condition if a failure occurs in its operational system.”

To comply with the law, manufacturers and operators must:

  • Register the vehicle with the Nevada DMV before it is tested or used on public roads.
  • Ensure the car has an override option that allows a human operator to take control if necessary.
  • Maintain a minimum of $5 million in liability insurance to cover damages in case of an accident.
  • Obtain a special driver’s license endorsement for human operators of Level 3 and Level 4 autonomous vehicles.

Nevada has also addressed concerns about distracted driving for safety operators. Senate Bill 140 allows a human operator sitting in the driver’s seat of an autonomous vehicle to legally use a mobile phone while the car is in self-driving mode.

Additionally, Assembly Bill 69 protects manufacturers from liability if a car is modified to be self-driving by a third party. This means that if a company installs autonomous driving software in a standard vehicle. If that vehicle is involved in an accident, the original car manufacturer cannot be held responsible.

Levels of Automation and Nevada’s Stance

Self-driving technology is categorized into five levels based on how much human intervention is required.

  • Level 0: Fully manual vehicles with no automation.
  • Level 1: Basic automation, such as adaptive cruise control.
  • Level 2: Partial automation, where the car can control acceleration, braking, and steering, but the driver must remain attentive. (Example: Tesla Autopilot)
  • Level 3: Conditional automation, where the car can drive itself in some situations, but a human driver must be ready to intervene.
  • Level 4: High automation where the vehicle can perform all driving tasks in specific conditions, but a human operator can take control if needed.
  • Level 5: Full automation, where the vehicle drives itself in all conditions with no human intervention required.

Nevada currently allows Level 3, Level 4, and Level 5 vehicles on its roads as long as they meet state licensing and safety requirements.

Who is Liable in a Self-Driving Car Accident?

One of the biggest concerns with self-driving cars is liability. If a self-driving car is involved in an accident, who is responsible? Is it the human operator, the car manufacturer, or the company that developed the self-driving software?

Nevada follows a comparative negligence rule, which means that multiple parties can share fault in an accident.

“A plaintiff may only recover damages if they are found to be 50% or less at fault for an accident.”

Factors That Determine Liability

  • If the human operator failed to intervene in time, they could be held responsible.
  • If the accident was due to a software malfunction, the company that developed the self-driving system may be liable.
  • If a mechanical failure (such as brakes or sensors failing) caused the crash, the car manufacturer could be responsible.
  • If the accident occurred due to poor road conditions, the state or local government may bear some liability.

Liability in Self-Driving Car Accidents - corena law

How Nevada Compares to Other States in Self-Driving Car Regulations

Regulation Aspect Nevada California Arizona Texas
Licensing for Self-Driving Cars Required (NRS 482A) Required (CA DMV) Required (Executive Order) Required (TX DMV)
Insurance Minimum $5 million liability $5 million liability Not specified Not specified
Human Operator Required? Yes (for Level 3-4) Yes (for testing) Yes (for testing) No (Level 5 allowed)
Use of Mobile Devices by Safety Drivers Allowed (SB 140) Restricted Restricted Restricted
Manufacturer Liability Exceptions Allowed (AB 69) Not clearly defined Not clearly defined Defined

What to Do If You’re in a Self-Driving Car Accident

If you’re involved in an accident with a self-driving vehicle in Nevada, follow these steps:

FAQs

Are self-driving cars legal in Nevada?

Yes. Nevada has been at the forefront of autonomous vehicle legislation, allowing Levels 3-5 self-driving cars to operate on public roads under strict regulations.

Do self-driving car accidents follow traditional car accident laws?

Not entirely. Liability can be more complex, involving human operators, software developers, or manufacturers. Comparative negligence laws apply, meaning fault can be shared.

Can I sue a self-driving car manufacturer if I’m injured?

If a third party modified the vehicle, the original manufacturer may not be liable. However, if the accident was due to a design flaw or system failure, the manufacturer could be held responsible.

What should I do if I’m hit by a self-driving car as a pedestrian?

Document the accident, seek medical help, and consult an attorney. The operator, software company, or car manufacturer may share liability.

How does insurance work for self-driving cars in Nevada?

Autonomous vehicles must carry at least $5 million in liability insurance. If an accident occurs, claims may be filed against this policy, but determining fault can be complex.

Conclusion

Nevada continues to be a leader in self-driving vehicle legislation, balancing technological innovation with legal safeguards. However, liability in autonomous vehicle accidents is still a gray area, making it crucial for individuals to understand their rights.

If you or a loved one has been involved in an accident with a self-driving car, seeking legal counsel is essential. An experienced attorney can help navigate the complexities of Nevada’s self-driving laws and ensure you receive the compensation you deserve.

If you need legal assistance, Gina Corena & Associates is here to help. Our experienced team understands the nuances of autonomous vehicle laws in Nevada and will fight for your rights.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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