Waymo Vehicle Accident: An Attorney Explains Next Legal Steps
“Computers make mistakes too.” - Professor Philip Koopman, Congressional Testimony
Much has been promised by tech companies when it comes to self-driving cars and their revolutionary safety features. But behind the flashy sales pitches and technobabble is a young technology built on questionable safety practices and the need to beat competitors to the market no matter the cost.
Without a driver, who’s responsible when an accident with a self-driving car happens? Surely the company that built them. But with a legion of lawyers at their beck and call, regular drivers and pedestrians trying to file an insurance claim are like an injured and blindfolded David going up against an armored Goliath standing on a mountaintop.
Here’s what you need to know when it comes to:
- autonomous vehicle accidents;
- what the responsibilities of the autonomous vehicle company and their insurance are;
- and how a personal injury attorney can help.
If you’ve been injured by a Waymo vehicle or other self-driving/semi-autonomous vehicle in Atlanta, contact lawyers who specialize in car accident claims who aren’t afraid of the big tech companies and their lawyers. Gary Martin Hays & Associates has the resources to quickly investigate your case and get you the medical care you need.
Contact us now at (770) 934-8000 for fast, personalized legal care you can count on.
How Many Self-Driving Car Accidents Have Happened?
More than most people realize. According to crash data from the NHTSA:
- Tesla has the most driver assistance vehicle crashes
- Waymo has the most autonomous vehicle crashes
- There were 1,450 self-driving car accidents in 2022, the most in a year so far
- 24% of the autonomous vehicle accidents have caused injuries ranging from minor to severe; nearly 5% have involved fatalities
As of June 2024, there have been a reported total of 3,979 incidents involving autonomous vehicles. While this number pales in comparison to the annual accident rate of human-operated vehicles, it’s still concerning that such an unreliable technology is being deployed more and more across the U.S.
The technology will, allegedly, improve over the years. But in the meantime, other drivers, pedestrians, and even children are potentially being put in harm's way.
Self-Driving Car Accidents in Atlanta
Up to 2024, there have been 72 total crashes in the state of Georgia involving self-driving cars or cars programmed with driver assistance features. Five crashes caused moderate injuries and three caused fatalities.
Not every accident involving an autonomous vehicle is automatically due to faulty machinery or programming. Human error is also a factor, as was the case with the recent Waymo accident involving a bicyclist.
Determining negligence in such cases is vital, especially since there isn’t a person behind the wheel to interview or corroborate evidence. Gathering evidence from the vehicle’s data records, cameras, and other sensory information is crucial to building a case. If the self-driving car company isn’t cooperative, then an attorney should be consulted with how to best proceed for the next steps.
Types of Autonomous Vehicle Crashes
Autonomous vehicles are touted as safer, but the results so far have been murky. While they have 360 degree vision and can’t get behind the wheel drunk, the computers inside them will make different kinds of mistakes compared to humans. They are not perfect.
For example, one study examined the types of accidents self-driving cars were involved in. While more than half were involved in an incident with human-driven vehicles, one-third of self-driving cars impacted stationary objects, such as poles, trees, or parked vehicles:
- Human-operated vehicles (57%)
- Fixed object (33%)
- Pedestrians, cyclists and animals (8%)
- Motorcyclists (2%)
Most self-driving car accidents happen when the vehicle is going straight. The reasons vary from detection issues to the inability to interpret human behavior and patterns that don’t match pre-programmed simulations. A stop sign might be misinterpreted as a 45 mph sign. The back end of a bus might not register in the system.
The technology is good, but it’s nowhere near the capacity of the human brain yet when it comes to intuitively mapping out the space around us and responding to a variety of unique situations.
Not All Self-Driving Cars Are the Same
Waymo has many more millions of miles of road tests and real-world data input and refinement, making its systems arguably more reliable than newer ventures like Uber, Cruise, or General Motors. There are more automated driving vehicles than most people realize, with dozens of companies testing shuttles, trucks, and vans on city streets and state highways. And the more of them there are, the more incidents between human spontaneity and machine programming there will be.
Who’s Responsible for Self-Driving Car Accidents?
The most important question an attorney will want to know is the distribution of liability. Who’s at fault and by what percentage? If the self-driving vehicle is found to be more than 50% at fault for a wreck, there’s a good chance you have a case.
Other questions an attorney will examine include:
- Level of Autonomy: Is the car fully autonomous, or does it provide driving assistance while requiring human oversight?
- Cause of the Accident: Was it human error, software malfunction, or hardware failure?
- State Law: In Georgia, autonomous vehicles must be registered, carry insurance, and follow the rules of the road as laid out in the Georgia Code. Other states may have different legal requirements.
And it’s not just the company that could be liable. Other potential parties may bear some responsibility for the accident. These could include:
- The Driver: Even in autonomous vehicles, the driver may still bear some responsibility, especially if they are expected to monitor the vehicle’s performance.
- The Vehicle Manufacturer: If a defect or poor product design caused the accident, the manufacturer could be held liable.
- The Software Developer: If a software malfunction caused the problem, the software developer might share responsibility. This is important to investigate as the error may affect other people on the road and lead to more accidents if not addressed.
- The Ride-Sharing Company: The company managing the ridesharing service could be held liable for the negligent actions of its drivers or vehicle maintenance schedule.
Autonomous vehicle accidents is a rapidly evolving area of law, and new legal precedents are being established as more accidents occur. With the absence of uniform regulatory guidelines from the government, it’s important to speak with an attorney as soon as possible after an autonomous car accident injury. Avoid speaking with or signing anything from an insurance adjuster or company spokesperson as they may try to get you say or do something that negates your ability to file for compensation.
What to Do After Being Hurt in a Self-Driving Car Accident
Regardless if you were struck by a semi-autonomous car after a driver took their eyes off the road or were injured while riding in a driverless transportation vehicle, you have legal options.
Contact law enforcement so they can investigate the scene and document whether the driver or autonomous mode was in control during the incident — this will be important in determining whose insurance (the driver or the company’s) is responsible for compensation.
If you’re injured in an accident with a self-driving or semi-autonomous car, you could be eligible to receive compensation for:
- Emergency services and medical care
- Future medical care and physical therapy
- Lost wages from missed work
- Pain and suffering from emotional damage
- Wrongful death if a loved passed away
It’s not possible to estimate how much a car accident case is worth at first glance until all treatment is complete and future needs are taken into account. This is why it’s important to have an attorney evaluate your case so they can fight for the true amount of compensation you deserve.
Avoid Posting on Social Media After a Self-Driving Car Accident
Autonomous and semi-autonomous vehicle accidents are still a rarity and therefore any accident involving one is “newsworthy.” Avoid posting anything about the accident beyond the facts of what happened if you need to let friends and family know your situation, but it’s better to avoid posting about the incident at all. Journalists and social media influencers will examine anything you write or record, and this will undoubtedly be examined by the self-driving car company and their lawyers as well to see if they can undermine your case.
Protect yourself by staying silent until after you’ve consulted a lawyer on what’s safe to say and what your rights are after the accident.
Contact a Self-Driving Car Accident Lawyer Today
If you’ve been injured by a Waymo car or other self-driving vehicle, Gary Martin Hays & Associates’ personal injury attorneys can help. We have the experience and compassion to guide you step-by-step through the legal process to achieve financial recovery and peace of mind. Call (770) 934-8000 to speak to an attorney or chat online with one of our intake specialists to schedule a free consultation.
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