How Do You Prove a Robotaxi Was at Fault for an Accident?

August 8, 2025 | By LegalRideshare Injury Lawyers
How Do You Prove a Robotaxi Was at Fault for an Accident?

Robotaxis operate without a human driver, so how do you prove a robotaxi was at fault for an accident that injured you? When you work with a skilled Chicago robotaxi accident lawyer and skilled legal team with experience in automated driver and rideshare accidents, they can create a strong liability case by combining technical data, witness testimony, and legal expertise. Let’s explore how to understand the technology, navigate Illinois’s regulatory framework, and begin collecting the evidence you need to build a solid case.

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Why Fault Matters in Robotaxi Collisions

Establishing fault is the cornerstone of any accident claim. With traditional crashes, you rely on driver statements, traffic citations, and eyewitness accounts to place blame. In a robotaxi collision, the process becomes more complex and more technical, but the goal remains the same: show that the autonomous system behaved negligently or malfunctioned, causing your injuries or property damage.

  • Higher stakes: Robotaxis are backed by billion-dollar companies (Waymo, Cruise, etc.) with teams of engineers ready to defend their software.
  • Technical complexity: You’ll need expert analysis of black-box data, sensor logs, and possibly machine-learning decision trees.
  • Regulatory overlay: Illinois’s automated-vehicle pilot programs and federal safety standards add layers of complicated rules and reporting requirements.

By breaking the process down into clear steps, including understanding the technology, gathering scene evidence, obtaining the vehicle’s internal data, and leveraging expert witnesses, you can level the playing field against corporate defendants.

Understanding Robotaxi Technology and Liability

To prove fault, you must first grasp how robotaxis “think” and what can go wrong.

The Levels of Automation

Automation engineer maintaining robotic equipment with laptop in a modern factory setting.

The Society of Automotive Engineers (SAE) defines six levels of driving automation, from Level 0 (no automation) to Level 5 (full automation). Most robotaxis today operate at Level 4, meaning:

  • The vehicle can handle all driving tasks within a defined “operational design domain” (for example, the city streets in Chicago).
  • No human intervention is expected under normal conditions, though an attendant may be present.
  • Failures in perception (camera, lidar, radar), decision-making algorithms, or control systems can directly cause a crash.

Understanding which level applies helps pinpoint whether a human backup driver should have intervened, or if the software itself is fully responsible.

Illinois’s Autonomous Vehicle Regulations

Illinois has one of the most forward-thinking autonomous vehicle statutes in the country. Under the Illinois Autonomous Vehicles Act:

  • Testing permits are required for companies to operate robotaxis on public roads.
  • Data collection mandates oblige companies to report any crash where property damage exceeds $1,500 or there’s injury.
  • Liability carve-outs clarify that the testing company (not the vehicle owner) is liable for crashes attributable to the automated system.

Since robotaxi fleets in Chicago must comply with these rules, you have statutory tools to demand internal collision reports and safety data, which are critical pieces of evidence in proving fault.

Gathering Evidence at the Crash Scene

Securing thorough documentation from the moment of impact lays the groundwork for your claim.

1. Photographs and Video Footage

At the scene of the accident, if you are able, gather photos of:

Woman taking smartphone photos of car damage after an accident.
  • Exterior damage: Capture every angle of the robotaxi’s front, sides, and rear.
  • Road conditions: Document lane markings, traffic signals, potholes, and obstructed signs.
  • Surveillance cameras: Note nearby traffic-camera poles, business security cameras, or doorbell cameras; these often yield high-resolution footage.

Tip: In Cook County, city traffic cameras capture many vehicle collisions, making early preservation requests essential.

2. Witness Statements

Since robotaxis generate no personal “driver statement,” eyewitness statements become vital. Potential witnesses include:

  • Pedestrians: Nearby pedestrians often notice post-impact anomalies (brake lights, sudden stops).
  • Other drivers: Fellow motorists can testify to the robotaxi’s speed or erratic maneuvers.
  • Passengers: If you were a passenger, your firsthand account of “what the car did” can establish the vehicle’s behavior pattern.

Always collect names, contact information, and, if possible, short written or recorded statements at the scene.

3. Preserving Physical Evidence

Again, if possible, you should try to preserve these forms of evidence:

  • Software update logs: Ask whether the robotaxi had a recent over-the-air update that could have introduced bugs.
  • Sensor hardware: If safe, note whether any sensors (lidar units, camera housings) were visibly damaged or misaligned.
  • Event data recorders: Similar to black boxes in aircraft, these devices record pre- and post-crash data (speed, braking force, steering angle).

Your legal team can also request this information on your behalf. A skilled car accident lawyer can send preservation letters immediately to the robotaxi operator to prevent spoliation of this evidence.

Accessing the Vehicle’s Internal Data

Even the best scene documentation isn’t enough without the robotaxi’s internal logs. Here’s how a knowledgeable attorney can get them.

Subpoenaing Black-Box and Sensor Logs

Onboard car camera mounted on windshield to record driving and road incidents.

Under Illinois law, your lawyer can compel disclosure of a robotaxi’s event data recorder (EDR) and sensor logs through discovery. This evidence can:

  1. Identify the custodian: Determine which entity—Waymo, Cruise, or another—owns the vehicle that caused the crash.
  2. Serve a subpoena: Request EDR readouts, GPS tracks, lidar point clouds, and decision-making flags for the seconds before impact.
  3. Protect confidentiality: Often, these companies label data “trade secrets.” Work with your attorney to negotiate a protective order that allows you to analyze the data without broad public disclosure.

Collaborating with Technical Experts

Interpreting raw sensor data and AI decision logs requires skilled knowledge.

  • Accident reconstructionists: Experts can translate point-cloud data and video frames into a second-by-second timeline of events.
  • Software engineers: Those familiar with autonomous-vehicle systems can trace algorithmic “decisions” (for example, why the car applied only partial braking).
  • Human factors specialists: These tech assistants assess whether a backup driver had adequate time and information to take control, which is crucial if the system claims “human override.”

Combining these expert analyses allows your team to find flaws or misjudgments in the robotaxi’s programming.

Leveraging Regulatory Reporting to Strengthen Your Claim

Illinois law requires autonomous-vehicle operators to submit detailed crash reports for any collision resulting in over $1,500 in property damage or bodily injury. These filings can be invaluable because:

  • Crash data summaries include time, location, damage estimates, and preliminary fault determinations.
  • Sensor diagnostics reveal whether system malfunctions played a role.
  • Maintenance logs show whether the robotaxi’s hardware was properly maintained or recently serviced.

Your attorney can obtain the operator's official collision packet by filing a Freedom of Information Act (FOIA) request with the Illinois Department of Transportation. Comparing that to your own photos and witness accounts often uncovers inconsistencies, like undisclosed sensor bugs or skipped maintenance, that support your case.

Building a Cohesive Accident Narrative

No single piece of proof stands alone. A clear reconstruction weaves together technical details into a compelling story for adjusters or juries.

Reconstructing the Timeline

  1. Pre-impact behavior: GPS tracks and lidar/radar data map the vehicle’s path and speed just before impact.
  2. System alerts: Black-box logs show “near-miss” or “override” flags indicating whether the car detected the hazard but responded incorrectly.
  3. Impact mechanics: Damage patterns confirm speed and angle, illustrating how the robotaxi’s reactions matched, or failed to match, its programmed safety parameters.
    This side-by-side sequence often shows that the robotaxi failed to detect a pedestrian or braked too late, which could be critical proof of a system malfunction or design flaw.

Demonstrating Causation

Once the sequence is established, you must link the vehicle’s software failures directly to your injuries. Relevant information includes:

  • Biomechanical assessment: Analyses of force transmission establish the connection between crash dynamics and medical diagnoses (like whiplash or fractures).
  • Stop-distance calculations: Show that a properly functioning Level 4 system would have stopped sooner, avoiding or reducing the impact.
  • Human-override window: If a backup driver lacked adequate warning or clear alerts, it highlights a design gap in the system’s alerts.

These demonstrations transform complex data into real-world harm, making a strong case to support settlement negotiations or a jury verdict.

Bringing Witnesses and Technical Testimony

Translating autonomous-vehicle science into plain language is key. Consider involving:

  • Software analysts: Who trace decision-making flags and explain why the car operated unsafely.
  • Sensor specialists: Who explain how camera, lidar, and radar fusion may have misinterpreted the environment.
  • Human-machine interface reviewers: Who highlight confusing alerts that may have prevented timely manual intervention.

These potential expert witnesses can use animated recreations or slowed-down video to illustrate how the system failed. When jurors “see” how the car misread a red light or misjudged street signage, abstract negligence becomes concrete.

Negotiating with Autonomous-Vehicle Operators

Robotaxi companies often counter legal claims by claiming broad confidentiality rights. You can push back by:

  1. Requesting narrowly defined logs—such as the 10 seconds of black-box data before impact—to limit resistance.
  2. Securing court-approved protective orders that shield proprietary data while allowing full analysis.
  3. Presenting preliminary data findings in mediation to demonstrate the strength of your case and encourage settlement before costly litigation.

Involving Regulatory Authorities

Beyond your lawsuit, Illinois’s Division of Vehicle Emissions and Safety (under IDOT) and the National Highway Traffic Safety Administration (NHTSA) investigate robotaxi crashes.

This two-pronged approach of civil action plus regulatory pressure amplifies accountability.

Calculating Your Damages

A comprehensive claim for a robotaxi collision in Illinois typically includes compensation for:

  • Medical expenses: All current and future costs, including ER visits, surgeries, therapy, and home modifications.
  • Lost income: Wages, bonuses, and potential earnings lost due to injury.
  • Pain and suffering: Supported by medical records and personal recovery journals.
  • Loss of consortium: For family members affected by your injuries.

In Illinois, juries consider both economic and non-economic damages. Tailoring your settlement negotiations or court presentation to local jury expectations helps maximize the compensation you can receive.

Why You Need a Robotaxi Collision Attorney

Robotaxi crashes involve layers of technology, complex regulations, and deep-pocketed corporate defendants. You need a legal team that:

  • Understands how automated vehicles operate, including AI decision-making and data logs.
  • Knows Illinois’s Autonomous Vehicles Act, FOIA procedures, and state-federal reporting requirements.
  • Has the resources to fund data analyses, 3D animations, and nationwide discovery.

LegalRideshare Injury Lawyers is a Chicago-based firm devoted exclusively to rideshare and autonomous-vehicle collisions. Founding partners Andrew J. Ames and Bryant Greening have recovered millions for injured clients and are regularly quoted in Forbes, The New York Times, and CNN on cutting-edge self-driving litigation.

If you’ve been harmed by a robotaxi in Chicago or elsewhere in Illinois, don’t try to navigate the complex legal process alone. Contact LegalRideshare Injury Lawyers at (312) 767-7950 for a free consultation. 

We work on a contingency basis, so we accept no fees unless we win your case. We are available 24/7 to fight for your rights. Let our robotaxi collision attorneys put their pioneering approach to work for you.

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