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In the United States, the legal framework governing autonomous vehicles (AVs) is evolving to address safety concerns for both occupants and the general public, including bystanders. While there is no comprehensive federal legislation exclusively regulating AVs, several federal agencies and state governments have implemented measures to ensure public safety.

Federal Regulations:

The National Highway Traffic Safety Administration (NHTSA) oversees vehicle safety standards and has introduced guidelines for Automated Driving Systems (ADS). These guidelines focus on ensuring that AVs meet safety expectations to protect all road users. However, as of now, these are primarily voluntary guidelines rather than enforceable regulations.

State-Level Legislation:

Many states have enacted their own laws concerning AV operations. For instance, in 2024, California Governor Gavin Newsom signed Assembly Bill 1777 (AB 1777), which establishes protocols for driverless vehicles involved in crashes or interactions with first responders. This law also mandates that AV companies provide a hotline for law enforcement use during such incidents. Conversely, Governor Newsom vetoed other bills, such as AB 2286, which sought to ban autonomous trucks on public roads, citing existing robust safety standards for heavy-duty AVs. 

Safety Technologies and Standards:

To enhance pedestrian safety, the NHTSA has set new regulations requiring Automatic Emergency Braking (AEB) systems in vehicles to function effectively at speeds up to 62 mph by 2029. This initiative aims to reduce collisions and improve safety for all road users. 

Liability and Legal Considerations:

The legal landscape regarding liability in AV-related incidents is still developing. Traditional liability frameworks may not adequately address scenarios where both human drivers and automated systems share control. Legal scholars suggest that existing laws may be insufficient for determining liability in such cases, indicating a need for updated statutory guidance. 

Public Safety Measures:

Research indicates that certain safety measures, like high-visibility clothing intended to protect pedestrians and cyclists, may not always be detected by modern vehicle sensors. This highlights the necessity for continuous advancements in AV sensor technology to ensure the safety of all road users. 

In summary, while there is no unified federal law exclusively governing autonomous vehicles, a combination of federal guidelines, state legislation, and technological standards are being developed to safeguard bystanders and the general public. As AV technology progresses, it is anticipated that both federal and state legal frameworks will continue to evolve to address emerging safety and liability concerns.

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