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Self-Driving Car Crashes in Utah: The New Rules

Self-Driving Car Crashes in Utah: The New Rules

Short answer: Since May 6, 2026, Utah has special rules for crashes involving vehicles with an automated driving system: noneconomic damages are capped at $1 million (wrongful death is exempt), and no punitive damages are allowed when the vehicle was driving itself fully. For crashes with a fully driverless vehicle, there is also a simplified claim against the owner capped at $100,000, and if you recover under it, it becomes your only civil remedy, so talk to a lawyer before choosing it.

Robotaxis and self-driving features are arriving on Utah roads, and the Legislature wrote a new set of rules for when they are involved in a crash. They are in Utah Code Title 78B, Chapter 4, Part 9.

Which Vehicles These Rules Cover

The rules apply to vehicles equipped with an “automated driving system,” defined by reference to the industry’s standard levels of automation (Utah Code 41-26-102.1). An automated driving system is one capable of performing the entire driving task on a sustained basis, at level three, four or five. Ordinary driver-assistance features, like adaptive cruise control or lane-keeping, are not the same thing.

Some rules apply only to “level four” and “level five” systems: vehicles that can operate with no human driving at all, at least in the conditions they are designed for.

A $1 Million Cap on Noneconomic Damages

In a lawsuit relating to a vehicle with an automated driving system, the award for noneconomic losses may not exceed $1,000,000 (Utah Code 78B-4-902). Noneconomic losses include pain and suffering, mental anguish, disfigurement and loss of companionship. Economic losses, like medical expenses and lost income, are not limited by this cap.

The cap does not apply to a claim for wrongful death. And when the vehicle had a level four or level five system, punitive damages may not be awarded.

The $100,000 Driverless Claim

The law creates a new, simpler claim for injuries directly caused by a level four or level five vehicle while its system was engaged and performing the entire driving task (Utah Code 78B-4-903). You can bring it against the vehicle’s registered owner or the company that dispatched it, including an on-demand autonomous vehicle network.

  • What you must prove: that the system was engaged at the time and was a proximate cause of your injury. You do not have to prove negligence or a product defect.
  • The limit: the total you can recover under this claim, including all damages, costs and fees, may not exceed $100,000.
  • The catch: if you recover under this section, that recovery is your exclusive civil remedy for injury or property damage from the vehicle’s driverless operation.
  • Fault still counts: the amount can be reduced to the extent your own or a third party’s conduct contributed.

The claim does not apply to an incident involving any driving assistance or task that was not performed by the automated system.

Claims Against the Makers

A manufacturer or developer of a level four or level five system cannot be sued for ordinary negligence for a crash that happened while its system was engaged (Utah Code 78B-4-904). It can be held liable only through the $100,000 claim above or under the Utah Product Liability Act, if the elements of a product claim are proven. The limits do not protect anyone other than those manufacturers and developers.

These Rules Are Temporary

The whole part took effect May 6, 2026 and is scheduled to be repealed on July 1, 2030 (Utah Code 63I-1-278), unless the Legislature extends it. Which rules apply to your crash can depend on when it happened.

What to Do After a Crash With a Self-Driving Vehicle

  • Identify the vehicle and the company operating it. Photograph markings, the plate and any fleet number.
  • Ask that the vehicle’s data be preserved. Whether the system was engaged is the first question in any claim, and the operator holds that data.
  • Get the police report, witness information and medical care, as in any crash.
  • Do not file or accept the $100,000 claim before getting advice. Because it can end your other options, the choice needs to be made knowing what else is available.

See what evidence helps a car accident case and whether you need a lawyer after a car accident.

Talk to a Utah Car Accident Attorney

These cases turn on data held by the vehicle’s operator and on an early choice between a quick capped claim and a full lawsuit. We help you make that choice with the facts in hand.

Hurt in Utah? Contact West Injury Law for a free case review. No attorney fees unless we win. Hablamos Español.

Free Case Review

Hurt in Utah? Get a free case review. No attorney fees unless we win. Hablamos Español.