If you’re injured in a Waymo accident in New Jersey, liability depends on what caused the crash. Traditional negligence rules apply to human drivers who retain control. Product liability laws cover defects in the autonomous system itself.
The Grossman Law Firm is a top-rated rideshare & autonomous vehicle accident law firm serving clients throughout New Jersey, While Waymo doesn’t yet operate driverless vehicles in New Jersey, the company is actively mapping parts of Jersey City, Hoboken, and the Newark area. This means autonomous vehicle accidents could soon become a reality on Garden State roads.
If you’ve been hurt in a Waymo accident, understanding your legal options is important. The technology is complex, and determining liability requires careful investigation.
The Grossman Law Firm, is a top-rated personal injury firm in New Jersey with experience handling rideshare and autonomous vehicle accident cases. Call (866) 381-5681 for a free consultation.
How New Jersey Law Addresses Autonomous Vehicle Accidents
New Jersey established the Advanced Autonomous Vehicle Task Force in 2019 to study how self-driving cars should operate safely on state roads. The task force submitted recommendations to the legislature in 2020. Several bills have been introduced since then to regulate the testing and operation of autonomous vehicles. These proposed laws would require manufacturers to maintain at least $5 million in insurance coverage and install data recording systems.
Current law doesn’t create special rules for Waymo or other autonomous vehicles. Instead, New Jersey applies existing traffic and product liability statutes to these crashes. The state operates under a no-fault insurance system that requires your own Personal Injury Protection coverage to pay medical bills first. Beyond that threshold, you can pursue claims against responsible parties.
New Jersey’s Product Liability Act holds manufacturers liable for harm caused by defective products. This includes vehicles with flawed designs, manufacturing defects, or inadequate warnings. Three types of defects can support a claim: a product that deviates from design specifications, a design that’s inherently dangerous, or failure to provide proper warnings about risks.
The National Highway Traffic Safety Administration requires companies to report crashes involving vehicles with automated driving systems. This federal mandate helps track safety issues across the industry. Reports must include details about the automation system’s engagement, crash circumstances, and any injuries.
Determining Fault in Waymo Accidents
Courts look at multiple factors when assigning responsibility for autonomous vehicle crashes. Was the vehicle operating in fully autonomous mode, or did a human have control? Did the system malfunction or fail to detect hazards? Were weather conditions or road design factors? Each scenario creates different liability questions.
In traditional car accidents, New Jersey follows modified comparative negligence. NJ bars recovery only if the plaintiff’s negligence is greater than that of the defendants (a 51% bar rule). Recovery is barred if the plaintiff is more than 50%. This same framework applies to crashes involving Waymo vehicles.
Product liability claims against Waymo or the vehicle manufacturer require proving that the autonomous system was defective. You’ll need to show that the technology deviated from its design specifications, had a dangerous design flaw, or lacked proper warnings. This often involves analyzing software code, sensor data, and vehicle recordings from the crash.
When a Waymo vehicle operates with a safety driver present, both traditional negligence and product liability theories might apply. The driver could be liable for failing to take control when needed. The manufacturer might share responsibility if the system created the dangerous situation. Multiple insurance policies could provide coverage in these scenarios.
Crash Data Shows Growing Autonomous Vehicle Operations
According to data from the National Highway Traffic Safety Administration, Waymo has been involved in hundreds of reported incidents since federal tracking began in 2021. The company operates the largest autonomous ride-hailing service in the country with active operations in Phoenix, San Francisco, Los Angeles, Austin, and Atlanta. Waymo provides more than 250,000 paid trips weekly across these markets.
The NHTSA Standing General Order requires manufacturers to report crashes when automated systems are engaged within 30 seconds of impact. This includes incidents involving injury, airbag deployment, or towing. The reporting helps federal regulators identify safety trends and potential defects.
New Jersey residents should know that insurance requirements apply to all vehicles regardless of automation level. Self-driving cars must carry the same minimum coverage as traditional vehicles. That means at least $15,000 in personal injury protection, $15,000 per person for bodily injury liability, and $5,000 for property damage.
Frequently Asked Questions
Does Waymo currently operate in New Jersey?
Not yet. Waymo is mapping areas around Newark, Jersey City, and Hoboken with human drivers. The company hasn’t announced when it will launch driverless service in New Jersey. Legislative proposals are pending that would establish testing programs and operational requirements.
Who’s liable if a Waymo hits me in New Jersey?
It depends on the circumstances. If a human driver had control, standard negligence rules apply. If the autonomous system was operating and a defect caused the crash, the manufacturer could be liable under product liability law. New Jersey’s comparative negligence rule means you can’t recover if you’re 50% or more at fault.
How long do I have to file a lawsuit?
New Jersey law gives you two years from the accident date to file a personal injury lawsuit. This deadline applies to both traditional crashes and accidents involving autonomous vehicles. Missing this deadline typically bars you from pursuing compensation through the courts.
What damages can I recover?
If you can step outside New Jersey’s no-fault system, you may recover medical expenses, lost wages, pain and suffering, and property damage. The state’s comparative negligence rule reduces your recovery by your percentage of fault. Proving damages in autonomous vehicle cases might require specialized evidence about the technology’s role in your injuries.
Key Points to Remember
- Waymo is currently only testing in New Jersey with human drivers present
- New Jersey’s no-fault insurance system requires your own PIP coverage to pay medical bills first
- Modified comparative negligence bars recovery if you’re 50% or more at fault
- Product liability laws apply when autonomous system defects cause crashes
- You have two years from the accident date to file a personal injury lawsuit
- Federal reporting requirements help track autonomous vehicle safety issues
Contact The Grossman Law Firm for Help With Your New Jersey Autonomous Vehicle Accident Law Case
New Jersey’s laws already provide pathways to compensation when emerging transportation technologies cause harm. The legal framework adapts existing principles of negligence and product liability to these new situations.
Call the experienced lawyers at The Grossman Law Firm at (866) 381-5681 for a free consultation regarding your Waymo accident case.
