Attorney Amy Witherite, a traffic safety expert whose firm specializes in motor vehicle accidents, has raised serious concerns about the safety promises made by the autonomous trucking industry. A recent lawsuit filed by Aurora Innovation against the U.S. Department of Transportation (DOT) has intensified these concerns, as the company challenges regulations intended to ensure safety on American highways.
Aurora Innovation, which aims to deploy driverless semi-trucks in Texas by April, has sued the DOT, alleging that the agency “arbitrarily” rejected the industry’s proposed alternative to an essential safety measure. Current regulations require truck drivers to place flares or reflective warning signs when a truck is stopped on the road or shoulder to alert other motorists. However, in a fully autonomous vehicle, there is no human driver to perform this task. The industry’s proposed solution involved relying solely on flashing lights on the truck’s cab. The Federal Motor Carrier Safety Administration (FMCSA) rejected this alternative, citing a lack of evidence proving that it would be equally effective in preventing accidents.
“The industry wants us to take their word for the fact that they can operate safely while at the same time complaining that they are subject to lawsuits when their trucks cause serious accidents that result in injury or death,” said Amy Witherite, founder of the Witherite Law Group.
Witherite points out that the industry often emphasizes the economic benefits of autonomous trucking while providing insufficient evidence regarding safety measures. She notes that a recent article by the Texas Trucking Association responded to her column in the Dallas Morning News, where she expressed these concerns. However, the article focused primarily on the economic advantages of driverless trucks rather than addressing the many safety challenges they might face.
“The public would likely have more confidence in this technology if there were independent tests proving that autonomous trucks can safely navigate the complex challenges of real-world driving,” Witherite explained. “These vehicles need to be able to handle unpredictable scenarios such as accidents, complex construction zones, reckless drivers, and severe weather conditions.”
Witherite acknowledges that technology has significantly improved road safety over the years. However, she stresses that stringent federal regulations and rigorous testing—similar to the protocols used in the aviation industry—are essential to ensuring that autonomous trucks do not introduce new risks to road users.
The Broader Implications of the Aurora Lawsuit
The lawsuit by Aurora Innovation against the DOT highlights a broader debate about the regulation of autonomous vehicles. Industry leaders argue that current regulations, designed for human-driven trucks, are outdated and ill-suited for driverless technology. They believe that new rules should be developed in collaboration with tech companies to better fit the capabilities of autonomous trucks. However, safety advocates worry that relaxing regulations could lead to an increase in accidents.
According to the FMCSA, traditional safety measures like placing warning triangles or flares on the road are time-tested methods that significantly reduce the risk of secondary collisions. Without these precautions, a disabled truck on the side of the road could become a major hazard.
Aurora Innovation and other industry players insist that flashing lights should suffice as a warning system, arguing that modern LED lights are highly visible and capable of alerting drivers from a distance. However, safety experts argue that flashing lights alone do not provide the same level of awareness and caution that physical warning devices do.
“This is a fundamental issue,” Witherite said. “If an autonomous is disabled on a highway at night or in bad weather, the absence of proper warning signals could be disastrous. The industry needs to prove, beyond any doubt, that their alternatives are just as effective—if not more so—before we allow these vehicles onto public roads.”
The Need for Transparent Testing and Public Accountability
One of the major concerns surrounding autonomous trucks is the lack of transparency in testing. Unlike commercial airline safety, which is regulated by strict federal oversight and mandatory reporting of test results, autonomous vehicle testing lacks similar accountability. Many companies conduct tests in controlled environments, but there is little publicly available data on how these trucks perform in high-risk situations.
“The aviation industry has set a high standard for safety,” Witherite noted. “Commercial planes undergo rigorous testing and comply with strict federal regulations before they are allowed to fly. Why should autonomous trucks be any different? Lives are at stake.”
She argues that independent safety audits, real-world testing in diverse conditions, and full transparency in data reporting should be required before autonomous trucks receive approval for widespread use.
Potential Risks on Texas Highways
Texas has become a testing ground for autonomous trucking, with several companies conducting trials on highways across the state. While proponents argue that driverless trucks will reduce transportation costs and address labor shortages in the trucking industry, critics warn that the risks have not been fully assessed.
Texas highways are known for their unpredictable conditions, including sudden weather changes, heavy traffic congestion, and high-speed trucking corridors. Autonomous must demonstrate that they can safely handle these variables without human intervention.
Furthermore, Witherite emphasizes that the legal liability in the event of an accident involving a driverless truck remains unclear. “Who is responsible when a self-driving truck malfunctions and causes a fatal crash?” she asked. “Will the manufacturer, the software developer, or the fleet owner be held accountable? These are critical questions that need answers before we put these vehicles on the road.”
Moving Forward: Balancing Innovation with Safety
While the future of autonomous trucking offers exciting possibilities, Witherite stresses that safety must come first. She believes that government agencies, industry leaders, and safety advocates must work together to establish clear, enforceable regulations that prioritize public safety over profit.
“The promise of autonomous trucking is appealing,” she said. “Lower costs, fewer driver shortages, and increased efficiency are all potential benefits. However, we cannot afford to cut corners on safety. The stakes are simply too high.”
As legal battles continue and technology advances, the debate over driverless regulations will remain at the forefront of transportation policy discussions. For Witherite and other safety advocates, the message is clear: Without comprehensive testing, strict oversight, and proven safety measures, autonomous trucks should not be allowed to operate freely on public roads.
In the meantime, she encourages lawmakers and the public to scrutinize the industry’s claims carefully and demand evidence-backed assurances before embracing widespread deployment.
“Our highways are not a testing ground for unproven technology,” she said. “We owe it to all drivers to ensure that any new technology meets the highest safety standards before it is unleashed onto our roads.”
