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Autonomous Vehicle and Waymo Accidents in NYC
If you were hit by a self-driving car in New York, your case is a personal injury case and a product liability case at the same time. I've handled the no-fault and product-defect framework for 22 years out of my Forest Hills office. Free consultation. No fee unless we recover. Call 718-261-0546.
What's different about an AV accident
A traditional car accident has one defendant: the at-fault driver and their insurer. An autonomous vehicle accident can have several. The vehicle manufacturer, the software developer, the fleet operator, and the human safety operator (if one was in the seat) are all candidates. That opens up product liability theories that don't exist in a normal crash: manufacturing defect, design defect, and failure to warn.
Sensor and telematics data is the second difference. A Waymo or other AV records lidar, radar, camera footage, system logs, and decision-tree outputs every second it's on the road. That data exists. It can be preserved. But it can also be overwritten or purged on a schedule unless someone sends a written preservation letter early. In a normal car accident there's nothing like this to fight over.
The third layer is federal. Federal Motor Vehicle Safety Standards (FMVSS) and NHTSA regulations apply to AV manufacturers, and a violation can support a negligence-per-se theory on top of the state law claims. New York's no-fault system under Insurance Law §5102(d) still applies, so the serious injury threshold analysis runs in parallel with the product liability claims.
What I do
Within 48 hours of being retained, I send a written evidence preservation letter to the manufacturer and the fleet operator demanding retention of all sensor data, system logs, and any video from the vehicle. I retain an accident reconstruction engineer at my cost, contingency, not retainer. The full no-fault analysis under §5102(d) runs on a parallel track so your medical bills and PIP benefits don't fall through the cracks while the product claim develops.
I haven't yet tried a case against a Waymo defendant. AV testing in NYC has been limited and the permits have come and gone. As of early 2026, no commercial robotaxi service operates in New York City. But the framework is the same as any product liability matter layered on top of a no-fault analysis. That's work I do every week.
What you should do right now if you've been hit by an AV
- Get medical attention. Even if you feel okay, get checked. Soft-tissue and head injuries often don't show until day two or three.
- Photograph the vehicle's identification number, license plate, and any visible operator markings (Waymo, Cruise, Zoox, Tesla, etc.). Note the time and exact location.
- Do not give a recorded statement to the manufacturer, the fleet operator, or any insurer. Politely refer them to your attorney.
- Call me. The preservation letter has to go out fast. 718-261-0546.
What's different about a personal injury case involving an autonomous vehicle in New York?
In New York, an AV accident sits at the intersection of three legal frameworks. Traditional negligence still applies to whoever was operating, deploying, or maintaining the vehicle. Product liability adds claims for manufacturing defect, design defect, and failure to warn against the manufacturer and software developer. The federal layer (FMVSS standards and NHTSA reporting requirements under 49 CFR Part 579) can support a negligence-per-se claim if the AV operator violated a federal safety duty. The plaintiff still has to clear New York's serious injury threshold under Insurance Law §5102(d) to recover for pain and suffering, and the 30-day no-fault notice deadline under 11 NYCRR 65 still applies. The defendants are different. The damages framework is the same.
Frequently asked questions
Who is liable in a Waymo or AV accident? Often more than one party. Liability can attach to the manufacturer (product defect), the software developer (design defect), the fleet operator (negligent deployment or maintenance), and the human safety operator if one was in the seat. The investigation looks at sensor data, system logs, and the operational design domain in effect at the time of the crash.
Can I sue both the manufacturer and the operator? Yes. New York permits joinder of multiple defendants in the same action, and product liability claims against the manufacturer can run alongside negligence claims against the operator under CPLR §1411 comparative fault rules. Each defendant brings its own insurance tower, which usually means more available coverage, not less.
Does NY no-fault still apply to an AV accident? Yes. Insurance Law §5103 mandates PIP coverage on every auto policy, and the threshold under §5102(d) still controls when you can sue for pain and suffering. The 30-day NF-2 deadline applies regardless of whether the at-fault vehicle was driven by a human or a computer.
Talk to Nick
Call 718-261-0546. Free consultation. No fee unless we recover. Office: 102-11 Metropolitan Ave, Forest Hills, NY 11375.
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Common questions.
It depends on what part of the system failed. A negligent human driver (in semi-autonomous modes) faces traditional negligence liability. The vehicle manufacturer faces product-liability claims for design or manufacturing defects. The software developer faces claims tied to the autonomy stack. The TNC operator (Uber, Lyft, Waymo as a fleet) faces vicarious liability and TNC-specific obligations. Most cases name multiple defendants.
Vehicle telemetry and EDR (event data recorder) logs. The AV captures continuous LIDAR, camera, and software-decision data that traditional cars do not. We send spoliation letters to the manufacturer, operator, and software vendor within 24 hours of intake. Without those letters, the data can be overwritten in routine cycles.
Fully autonomous (driverless) operations introduce product-liability and software-liability theories alongside traditional negligence. New York TNC regulations under VTL Article 44-B and VTL §1693 cover assisted-driving rideshare; fully driverless operations may fall under specific state pilot-program rules. The defense bar is well-funded and specialized. Cases typically take longer and require expert engineering testimony.
Three years for negligence under CPLR §214(5). Product-liability claims against the manufacturer or software developer follow the same three-year clock from the date of injury, though discovery-rule exceptions can apply in latent-defect scenarios. Public-entity AV pilots (city-owned or transit AVs) would carry the 90-day Notice of Claim under General Municipal Law §50-e.
For complex AV cases, fully driverless operations, multi-defendant product liability, software-specific claims, we partner with a national AV-litigation firm that has the technical expertise and resources to take the case to a manufacturer trial. We do the New York-specific intake, the early evidence preservation, and the local Queens court work; the trial firm handles the engineering depositions.
Free consultation. No fee unless we win.
Call 718-261-0546 or use the form. I answer my own phone during business hours, and the answering service patches urgent calls through after hours.
Twenty-two years on these cases. Boutique New York City practice with a real team behind it. Bilingual concierge on staff. Hablamos español. Arabic spoken on request.