David Shapiro
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By David Shapiro | Founder, Shapiro Law Team
If you are injured in or by a driverless vehicle, it may seem unclear what you should do. Fortunately, Arizona law has anticipated these circumstances and created a framework that provides the steps you can take to protect your rights.
Autonomous vehicles — from Waymo in downtown Phoenix and the East Valley to May Mobility in Sun City and companies testing driverless semitrucks and other AVs — are in operation around the Valley.
Waymo, a leading AV ride-hailing service, has become a common mode of transportation in Arizona, competing with rideshare services like Uber and Lyft. Last year, it facilitated over 150,000 trips per week and over 1 million hours of travel — the equivalent of about 41,666 days on the road.
With AVs’ growing presence on Arizona’s roads, these numbers are expected to rise exponentially, and as a result, AV collisions will become more frequent.
Arizona law requires drivers to stop after being involved in a collision. Pull over your vehicle and, if possible, maneuver away from travel lanes to avoid further obstructing traffic. The AV also will come to a stop once it detects a collision, though it may first seek a safe location to do so.
Safety is the highest priority after a collision. Above all else, you should ensure everyone on scene is safe, including passengers or bystanders, and call 911 right away.
Once everyone is safe, document the scene with pictures or videos — the more comprehensive your documentation, the more evidence you will have to support your claim.
Collect information from all witnesses. Waymo’s collision detection system will alert emergency services and Waymo Support of the crash.
Waymo also provides various options for drivers to collect relevant information. This includes an online collision form, QR codes on the vehicle’s front doors, downloadable insurance cards and representatives who arrive at the scene.
Ask support staff for any data logs or incident reports that the system collected. Some AVs are equipped with technology that can provide information about what their system was doing at the time of the crash.
Once you have exchanged information, you should attend to your medical needs.
Who is at fault?
Determining fault in an accident with an AV may be complex, which is why you should always engage an attorney at your earliest opportunity. AVs rely heavily on software, sensors and cameras to navigate the road, but these technologies can malfunction.
If you obtained information about what the AV’s system was doing at the time of the collision, you may be able to determine whether there was a malfunction. A thorough investigation of the car’s logs and internal systems may be necessary to determine if a malfunction caused the accident, in which case, the manufacturer or operator of the AV may be at fault.
External factors, like poorly marked lanes, other vehicles’ behavior or weather conditions, also can cause a collision. AVs rely on external stimuli to function, and can sometimes misinterpret them, leading to a collision.
Depending on the nature of the external factors, various different parties might be at fault. Different circumstances may lead to different claims processes.
Filing insurance claims with AV companies
Arizona law requires AVs to carry liability insurance, so most companies have a customer support line or dedicated claims process. Contact the AV company to understand your next steps.
Once data is gathered, the insurance or AV company will assess whether the fault lies with the car’s systems, the driver or another external factor.
If the AV is deemed to be at fault, the manufacturer or their insurer may cover the damages. If the AV is insured under a standard policy, the claims process would proceed like any other collision. Regardless, you should involve legal counsel.
Following these steps will help create a clear path toward resolving any claims arising from the collision. If you are still unsure what to do next, consider consulting an attorney who can help guide you through the process and assess your claim — like those at Shapiro Law Team.
Editor’s note: Attorney and Scottsdale native David Shapiro is founder of Shapiro Law Team, with offices in Phoenix and Mesa. Please send your comments to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.
