Hit by a Waymo as a Pedestrian or Cyclist in California? Your Rights

If you were hit by a Waymo or another self-driving car while walking or riding a bicycle in California, liability generally falls on the company operating the vehicle rather than on any driver — because there was no human driver. The operator is backed by a substantial insurance requirement, the autonomous vehicle records its own sensor and camera data that can prove what happened, and you generally have two years to file. Because you weren't controlling a vehicle, you are usually in a strong position.

How liability works when there's no driver

A pedestrian or cyclist struck by an ordinary car makes a claim against the at-fault driver's insurance. When the vehicle is fully driverless, there is no human operator to hold responsible, so responsibility shifts to the company that runs the autonomous fleet. If a defect in the vehicle's self-driving software, sensors, or cameras contributed to the crash — for example, a perception system that failed to detect you — a product-liability claim against the maker of that technology may also apply.

The $5 million coverage advantage

California's CPUC (California Public Utilities Commission) requires companies offering driverless passenger service to carry $5 million in commercial liability insurance. For a pedestrian or cyclist — who often suffers serious injuries in a vehicle strike — that large pool of coverage can be the difference between a claim that is fully paid and one that runs up against a small policy limit.

Evidence unique to self-driving cars: the vehicle's own data

Autonomous vehicles are covered in cameras, radar, lidar, and other sensors, and they continuously record telemetry about their speed, path, and what they detected around them. That data can be powerful proof of exactly what happened — often far more detailed than the witness accounts available in an ordinary case. But it is controlled by the operator, and it can be overwritten or lost over time, so preserving it quickly matters. A prompt legal demand to preserve the vehicle's sensor, camera, and telemetry data is one of the most important early steps in these cases.

What if the crash was partly your fault?

California uses pure comparative negligence, so even if you were partly at fault — say you crossed mid-block — your compensation is only reduced by your share of fault, not eliminated. Insurers and operators often try to blame pedestrians and cyclists to cut what they pay, which is exactly why the vehicle's own recorded data is so valuable: it can show the autonomous vehicle was speeding, failed to yield, or failed to detect you.

What you can recover

A pedestrian or cyclist injury claim can recover your medical bills (past and future), lost wages and lost earning capacity, and compensation for pain and suffering. Because people on foot or on bikes have no protection in a collision, these injuries are frequently severe, and the claims can be substantial.

The two-year deadline

Under California Code of Civil Procedure section 335.1, you generally have two years from the date you were struck to file a personal injury lawsuit. That is a firm cutoff in most cases, and preserving the vehicle's data can't wait until the deadline approaches — so it's important to act early.

The bottom line

If a self-driving car hit you while you were walking or biking, you have real rights: liability shifts to the operator, a $5 million coverage requirement stands behind the claim, and the vehicle's own data can prove your case if it's preserved in time. Mousavi Law Firm serves all of California from our Woodland Hills office, offers a free consultation, and works on contingency — no fee unless we win. A free case review will explain your options and get the evidence protected.