When a driverless Waymo hits you in Miami, there is no human driver to blame — and under Florida law, that changes everything about your case. Florida statute deems the vehicle’s software the legal “operator” when it is engaged, so liability can shift away from an individual and onto the corporation that built and runs the system. On top of that, an on-demand autonomous vehicle in Florida must carry at least $1 million in primary liability coverage — while an ordinary Florida driver is required to carry only $10,000 in PIP and $10,000 in property damage, with no bodily-injury coverage required at all. These are corporate product-liability cases, not ordinary fender-benders. The Perazzo Law Firm handles autonomous-vehicle and Waymo injury claims for people hurt in Miami and across Miami-Dade County.
If you were injured as a Waymo passenger, in another vehicle, on a bike, or on foot in a crash involving a self-driving car, call 786-529-7411 for a free, confidential case evaluation. We are available 24/7, our staff is bilingual (English / Español), and you pay no fee unless we win. Time matters here more than in a normal crash — the vehicle’s sensor and camera data lives on the operator’s servers and can be overwritten if it is not preserved fast.
What Makes a Waymo or Self-Driving Car Crash Legally Different in Florida
An autonomous-vehicle crash is different because Florida law removes the human driver from the equation. Under Fla. Stat. § 316.85, a fully autonomous vehicle may lawfully operate with no human operator physically present, and the automated driving system, when engaged, is deemed to be the “operator” of the vehicle. In a normal Miami crash you sue a person and their insurance policy. In a Waymo crash, the statute itself says a machine was driving — so the legal target shifts to the company that designed, built, and deployed that system.
Florida is one of the most permissive autonomous-vehicle states in the country. Since the 2019 overhaul of its AV laws, a fully autonomous vehicle can operate on public roads without a licensed human behind the wheel. Waymo opened commercial robotaxi service to the public in Miami in early 2026, covering roughly 60 square miles across neighborhoods including Brickell, Wynwood, the Design District, and Coral Gables, with expansion reported toward Miami International Airport. That means driverless vehicles now share the same streets, intersections, and expressways where Miami collisions happen every day.
This is an emerging area of law. There is no settled Florida case law yet on a Waymo passenger or bystander injury verdict, because the technology is new. We will not promise you an outcome, and we will be honest that novel legal questions — product liability versus motor-vehicle negligence, federal safety-reporting overlays, and the “software is the operator” framework — are still being tested in the courts. That uncertainty is exactly why these cases call for a firm willing to litigate hard and retain the right experts.
Who Can Be Held Liable When There Is No Human Driver
When a self-driving car causes a crash, liability typically points at the corporation behind the technology rather than an individual motorist. Because Florida law deems the automated driving system the operator, ordinary human-driver negligence usually is not the theory of the case. Instead, these claims are generally analyzed under product-liability and corporate-negligence frameworks. The parties that may be responsible include:
- The manufacturer-operator of the automated driving system — the company that designed and deployed the self-driving software, sensors, and vehicle.
- Defective design or software — a perception, prediction, or planning system that misjudged another vehicle, a pedestrian, or road conditions.
- Negligent fleet operation and maintenance — poorly maintained sensors or brakes, faulty high-definition map updates, or flawed over-the-air software deployments.
- Negligent remote operation — a teleoperation decision or a failure to intervene when the system should have handed off control.
- Third parties still in the mix — a negligent human driver in another car, a component supplier, or another at-fault party, all subject to Florida’s comparative-fault apportionment.
These cases are harder than a two-adjuster fender-bender, and you should know that going in. The defendant is a well-funded corporation with in-house and outside counsel. The evidence that decides fault is proprietary and technical — telemetry, sensor logs, and software behavior held by the company, not eyewitness accounts. And operators publish their own safety data arguing their vehicles are safer than human drivers, which means you should expect the defense to argue the other driver caused the crash. The Perazzo Law Firm builds these claims with aggressive discovery and technical experts, not assumptions.
The $1 Million Coverage Difference: Robotaxi vs. an Ordinary Florida Driver
The single biggest practical difference in a Waymo case is the size of the insurance behind it. Under Fla. Stat. § 627.749, a fully autonomous vehicle operating on an on-demand autonomous vehicle network — a robotaxi — must carry at least $1 million in primary liability coverage. Compare that to the coverage a typical Florida motorist is required to carry:
| Vehicle | Minimum required coverage in Florida |
|---|---|
| On-demand autonomous vehicle (Waymo robotaxi) | At least $1,000,000 primary liability coverage (Fla. Stat. § 627.749) |
| Ordinary Florida driver | $10,000 PIP + $10,000 property damage; no bodily-injury liability coverage required |
That gap matters enormously to an injured person. In a routine Miami crash, a victim with serious injuries often runs headfirst into a driver who carries little or no bodily-injury coverage, leaving medical bills unpaid unless the victim has their own uninsured-motorist protection. A statutorily mandated $1 million policy behind a robotaxi means there may be real coverage available to fully compensate a serious injury — but only if the claim is proven and pursued correctly. Larger coverage also means a more determined defense, which again is why the case needs to be built properly from day one.
Why Evidence Preservation Is Urgent After a Self-Driving Car Crash
In an autonomous-vehicle crash, the most important evidence is digital, and it lives on the operator’s servers — not with you. Self-driving vehicles record an extraordinarily detailed account of the seconds before impact, and that data can be rotated, overwritten, or purged on the company’s retention schedules. Acting quickly to demand its preservation is the single most time-sensitive legal step in these cases. The data that can decide your claim includes:
- LiDAR point-cloud logs — 3D scans of the scene as the vehicle perceived it.
- 360-degree camera and radar records — the vehicle’s visual and radar record of what surrounded it.
- Decision and planning logs — what the system detected, predicted, and chose to do in the moments before the crash.
- Disengagement and teleoperation records — whether and when the system disengaged or a remote operator intervened.
- Event Data Recorder (“black box”) data — speed, braking, steering, and throttle in the seconds before impact.
There is also a federal layer. Under the National Highway Traffic Safety Administration’s Standing General Order on crash reporting, autonomous-vehicle operators must report qualifying crashes where the automated driving system was engaged — serious crashes within days of notice. That federal reporting record can help confirm the system was driving and can be a lever in discovery. A prompt litigation-hold and preservation letter to the operator, demanding retention of all sensor, camera, decision, disengagement, teleoperation, and maintenance records, forces the company to keep the data before it disappears. The longer you wait, the more that record is at risk.
Florida’s No-Fault, Comparative Negligence, and Filing Deadline Rules Still Apply
Even though the defendant may be a technology company, your claim is still governed by Florida’s ordinary injury framework. Understanding these rules early protects your right to recover.
PIP / No-Fault and the 14-Day Rule
Under Florida’s no-fault system (Fla. Stat. § 627.736), personal injury protection (PIP) pays a portion of your reasonable medical expenses and lost wages up to the $10,000 limit, regardless of fault. Critically, you must generally seek initial medical treatment within 14 days of the crash or you can lose PIP benefits. How the various policies interact for a passenger injured inside a robotaxi — your own PIP, the network’s coverage, and any uninsured-motorist coverage — is a genuinely unsettled question, and it depends on your specific situation. Do not assume; get advice on which coverage applies to you.
Stepping Outside No-Fault
To pursue full non-economic damages such as pain and suffering, your injury generally must meet Florida’s serious-injury threshold (Fla. Stat. § 627.737) — for example, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or significant loss of an important bodily function. A lawyer can assess whether your injuries cross that threshold.
Comparative Negligence
Florida now follows modified comparative negligence (Fla. Stat. § 768.81, as amended in 2023). A person found more than 50% at fault for their own harm recovers nothing; at 50% or less, recovery is reduced by their percentage of fault. Expect the operator to argue that another human driver — or you — caused the crash, which is one more reason the technical evidence matters so much.
Deadline to File
For negligence claims accruing after Florida’s 2023 tort reform, the statute of limitations is generally two years (Fla. Stat. § 95.11). But the correct deadline in an autonomous-vehicle case can depend on how the claim is pleaded — a claim framed as product liability may involve a different limitation period and statute of repose. Because deadlines vary by claim type and missing one can bar your case entirely, you should speak with a lawyer immediately rather than rely on a single number.
Why Choose The Perazzo Law Firm for a Novel Waymo Case
Hiring a lawyer for an autonomous-vehicle injury is a critical decision, not a transactional one — these are complex, evidence-heavy cases against a corporate opponent, and the firm you choose shapes what happens next. The Perazzo Law Firm brings the resources and the personal attention these claims demand:
- Attorney Jonathan Perazzo is licensed in Florida, Georgia, and Texas — and handles your case personally, not passed off to a paralegal
- 5.0-star rating on Google from 150+ injured clients across the firm’s offices
- Bilingual team — English and Español
- No fee unless we win — zero upfront costs (you may be responsible for case costs and expenses; ask us how that works)
- Available 24/7, so evidence can be preserved fast
- Aggressive negotiation backed by genuine trial readiness — every case is prepared for trial, not just settlement
We also handle the full range of Miami crash cases. If your collision involved a conventional vehicle, see our Miami car accident lawyer page for how we approach standard auto claims. For a self-driving or robotaxi crash, the analysis and the evidence are different — and that is the case we are built to fight.
Frequently Asked Questions: Waymo & Self-Driving Car Accidents in Miami
Who do I sue if a self-driving car hit me in Miami?
Because Florida law deems the automated driving system the “operator” of a self-driving car, there is usually no human driver to hold negligent. Liability typically points at the company that designed, built, and operates the vehicle and its software, under product-liability and corporate-negligence theories. Other parties — such as a negligent human driver in another vehicle — can also share fault. A lawyer investigates the crash data to identify the correct defendants before filing.
Is Waymo insured in Florida?
Yes. Under Fla. Stat. § 627.749, a fully autonomous vehicle operating on an on-demand network in Florida must carry at least $1 million in primary liability coverage. That is far more than the minimum an ordinary Florida driver must carry, which does not even include required bodily-injury coverage. The larger policy means meaningful coverage may be available for a serious injury — but the claim still has to be proven and pursued correctly to access it.
What evidence matters most in a driverless-car crash?
The decisive evidence is digital and held by the operator: LiDAR point-cloud logs, 360-degree camera and radar records, the system’s decision and planning logs, disengagement and teleoperation records, and event-data-recorder (“black box”) readings. This data can be overwritten on retention schedules, so a preservation letter should go out quickly. Federal crash-reporting records may also exist and can support discovery. Preserving this evidence early is often the difference between a provable case and a swearing match.
Could the crash be partly my fault under Florida comparative negligence?
Possibly, and it matters. Florida follows modified comparative negligence: if you are found more than 50% at fault for your own harm, you recover nothing, and at 50% or less your recovery is reduced by your share of fault. Autonomous-vehicle operators often argue that the other driver — or the injured person — caused the collision, sometimes citing their own safety data. Solid technical evidence is the best answer to a comparative-fault defense, which is one more reason to preserve the vehicle’s data fast.
How long do I have to file a claim after a Waymo accident in Florida?
For negligence claims under current Florida law, the statute of limitations is generally two years from the date of the crash. However, the correct deadline can differ depending on how the claim is pleaded — a product-liability theory may involve a different limitation period. Missing the deadline can bar your case permanently, so you should not rely on a single number. Contact a lawyer as soon as possible so your filing deadline is calculated correctly for your specific claim.
What is my Waymo accident case worth?
No honest lawyer can tell you a dollar figure before investigating your case, and anyone who does should be viewed with caution. Value depends on factors such as the severity and permanence of your injuries, your medical expenses and future care, lost wages and earning capacity, and how liability is established. Because this is an emerging area of law with no settled outcomes to point to, results vary and past outcomes do not guarantee future results. We can give you a realistic, no-pressure assessment during a free consultation.
For more answers about Florida injury claims, visit our personal injury FAQ.
Injured in a Self-Driving Car Crash in Miami? Call Now.
A crash with a driverless vehicle can turn your life upside down, and the evidence that proves what happened may be disappearing while you read this. You do not have to face a technology company and its lawyers alone. The Perazzo Law Firm is ready to move fast to preserve the data, identify every responsible party, and fight for the maximum compensation available under Florida law.
- Free, confidential consultation — available 24/7
- No fee unless we win — zero upfront costs
- Bilingual staff — English / Español
- Handled personally by attorney Jonathan Perazzo
Call 786-529-7411 now or request your free case evaluation online at our contact page.
Attorney Advertising. This page is for general information and is not legal advice. Prior results do not guarantee a similar outcome. The Perazzo Law Firm — North Miami Beach, Florida.