If a Waymo vehicle crashes while operating autonomously, Waymo is typically at fault under Florida law. The Automated Driving System is legally considered the driver in such a situation. However, if a human interferes with the system, they may be partly or fully at fault.
Like any car accident, other drivers or entities may share in the blame, and Florida’s no-fault insurance system applies to most claims. Comparative negligence could come into play if the injured driver were partially responsible for the crash. It’s smart to consult with an attorney.
Our car accident lawyers in Fort Lauderdale can help you handle a confusing accident with a Waymo vehicle. Our team has more than 40 years of combined experience. We fight to get you paid fast. Contact our team today for a free consultation to discuss your accident.
Florida Laws Governing Self-Driving Cars
Florida is one of the most autonomous-vehicle-friendly states in the United States. Self-driving vehicles like Waymos are permitted to operate legally on public roads under certain conditions.
Under Florida law:
- Fully autonomous vehicles do not require a human driver to be physically present.
- A person does not need to be in control of the vehicle while it is operating in autonomous mode.
- The vehicle must meet federal safety standards.
- The autonomous system is legally considered the driver when engaged.
This, along with other features of Florida’s laws, can make assigning liability complicated when accidents occur. It often depends on how the accident happened.
Because the autonomous system may be legally considered the operator, liability can fall on Waymo, the vehicle owner, or another responsible entity, depending on the facts.
No-Fault Insurance in Florida
Florida’s no–fault insurance system requires drivers to seek compensation from their own insurance company, regardless of who caused the crash. Drivers must carry at least $10,000 in Personal Injury Protection.
That means, even if a self-driving car caused the accident, you must first file a claim with your own insurance company. However, you may step outside the no-fault system and sue the at-fault party if your injuries meet the serious injury threshold.
Liability in a Waymo Accident
Determining if Waymo is liable in a crash is similar to any other personal injury case. You must show that Waymo had a duty of care, they failed in their duty, your accident happened because of that failure, and you suffered real injuries as a result.
Your attorney must show that Waymo had a duty of care. Since their autonomous vehicle systems are considered the drivers under Florida Statutes § 316.85, they have the same responsibility for safety as any other driver.
If a human operator was present but failed to intervene, that person could share responsibility, as could a maintenance company if they failed to keep the vehicle in good working order.
Evidence in a Waymo Accident
Because autonomous vehicles record enormous amounts of data, determining fault may be more precise but also more complex. Evidence can include:
- Vehicle sensor data
- Camera footage
- LIDAR recordings
- Internal system logs
- Software version records
- Accident reconstruction experts
Call or text 800-602-5000 or complete a Free Case Evaluation form
Modified Comparative Negligence in Florida
Florida follows a modified comparative negligence system. Under this system, an injured person may recover damages only if they are 50% or less at fault for the accident. If they are found more than 50% responsible, they are barred from recovering any compensation.
When a person is partially at fault but not over 50%, their damages are reduced by their percentage of fault. For example, if someone is awarded $100,000 but found 20% at fault, they would receive $80,000. However, if they are 51% at fault, they are barred from recovery.
Comparative Negligence in Waymo Crashes
In self-driving car accidents, fault usually depends on how the crash happened. If a human driver was speeding or engaging in other negligent driving acts, they might be mostly responsible. But if the self-driving system fails, Waymo could be held accountable.
Judges can assign different percentages of blame to the human driver, the car’s operator, the manufacturer, or others involved in the accident. This situation also gives insurance companies a chance to unfairly shift blame onto others.
What to Do If You Are in a Crash With a Waymo
Waymo may be at fault if one of the vehicles crashes into you while it is operating autonomously. While the technology is impressive, it is not perfect. It is helpful to treat your Waymo accident like any other car crash in Florida.
That means reaching out to a personal injury attorney who will protect your legal rights and help you make sense of the laws that determine liability in an auto accident. Your own insurance may cover your losses, or you may need to consider a lawsuit if permitted.
For more than a decade, the Blakeley Car Accident & Personal Injury Lawyers has stood strong for every client who has put their trust in us. Our legal team has recovered over $250 million in awards and settlements for injured Florida residents. Call today for your free consultation and find out how we can help.
