Illinois AV Liability Guide

Chicago Waymo Accident Guide: Illinois Liability, Insurance, and the Path to Robotaxi Service

Waymo self driving cars have begun appearing on Chicago streets during the mapping and testing phase. Accidents involving these vehicles raise complex liability questions because the responsible party may be the safety driver, Waymo and Alphabet, the vehicle manufacturer, another motorist, or some combination of all four under Illinois comparative fault rules.

By Marvet M. Sweis, Esq. · June 9, 2026 · 16 min read

Call (312) 278-3625

Key Takeaways

  • Waymo began Chicago mapping in February 2026; no driverless service yet
  • All Waymo vehicles on Chicago streets currently have human safety drivers
  • Liability may attach to the safety driver, Waymo, Alphabet, the manufacturer, or other motorists
  • Illinois follows modified comparative negligence under 735 ILCS 5/2-1116
  • NHTSA reports more than 1,400 Waymo incidents nationally between July 2021 and November 2025
  • Two Illinois AV bills (HB4663 and HB3044) remain stuck in Rules Committee
  • Sensor logs, on board video, and software version data are the case-determinative evidence
  • The two-year statute of limitations under 735 ILCS 5/13-202 applies in most cases

What Is Waymo and Why It Matters in Chicago

Waymo is the autonomous vehicle subsidiary of Alphabet Inc., the parent company of Google. The company operates fully driverless commercial robotaxi service in several US cities, including Phoenix, San Francisco, Los Angeles, and Austin. In other markets, Waymo vehicles operate without a human in the driver's seat and accept paying passengers through a smartphone application similar to Uber or Lyft.

Waymo announced on February 25, 2026 that it had begun manual mapping and data collection operations in Chicago, with a fleet staged in a Loop parking garage. Every Waymo vehicle currently operating on Chicago streets is driven by a human safety driver. There is no driverless commercial service in Chicago, in Cook County, or anywhere in Illinois as of June 2026.

Chicago residents and visitors may encounter Waymo vehicles during this mapping and testing phase, particularly in Cook County and most heavily in the downtown core, the Near North Side, and the Loop. The company has not announced plans for operations in DuPage, Lake, Will, Kane, or McHenry counties. Whether and when Waymo launches a public driverless service in Illinois depends on the outcome of pending Illinois legislation discussed below.

Common Types of Waymo-Related Crashes

Waymo-involved crashes in Chicago during the mapping and testing phase resemble traditional motor vehicle crashes in most respects because a human safety driver is operating the vehicle. Once driverless commercial service begins, the crash patterns shift toward those documented in NHTSA's Standing General Order data for the company's existing operations in other states.

NHTSA Standing General Order Reporting: Waymo Incidents
Total Waymo incidents reported1,429
Reported injuries117
Reported fatalities2
Serious-injury incidents4
Incidents with no reported injury1,009 (approx. 71%)

Source: NHTSA Standing General Order on Crash Reporting, July 2021 through November 17, 2025.

Rear-End Collisions Involving a Waymo

A Waymo vehicle may be struck from behind by a following driver, particularly in stop and go traffic, or a Waymo may strike another vehicle from behind in a perception or planning failure. NHTSA reports indicate that rear-end strikes against stationary or slowing Waymo vehicles are one of the more common incident categories.

Left-Turn and Lane-Change Conflicts

Intersection conflicts between a Waymo and a human-driven vehicle are a recurring pattern, particularly where the Waymo is making a left turn or executing a lane change in dense traffic. Liability frequently depends on whether the Waymo correctly perceived the gap in oncoming traffic and whether its planning system correctly evaluated the maneuver as safe.

Pedestrian and Cyclist Incidents

Pedestrian and cyclist crashes involving autonomous vehicles raise distinct questions about perception system performance, particularly in dense urban environments with frequent crosswalk activity. Chicago's combination of high pedestrian volume in the Loop, extensive on-road bike lanes, and tight street geometry presents conditions that other Waymo markets have not encountered at the same density.

Crashes Where Waymo Data Is the Key Evidence

Some Waymo-related crashes do not involve the Waymo vehicle as a participant in the impact but involve a Waymo vehicle as a percipient witness. The Waymo's sensor array, on-board cameras, LiDAR data, and event logs may be the most complete record of how a crash between two other vehicles actually occurred. Subpoena and spoliation procedures are required to preserve this evidence.

Who May Be Liable in a Waymo Accident?

Answer first

Liability for a Waymo accident in Chicago may attach to the human safety driver, Waymo and Alphabet, the vehicle manufacturer or component suppliers, another human driver, or some combination of all four. Illinois modified comparative negligence allows fault to be allocated among multiple defendants.

1. The Human Safety Driver

During the current mapping and testing phase, a human safety driver is operating every Waymo vehicle in Chicago. Standard negligence rules apply: duty, breach, causation, damages. The safety driver is generally a contractor or employee of Waymo, which triggers respondeat superior or vicarious liability against Waymo as the principal.

2. Waymo and Alphabet

Waymo LLC and its parent Alphabet Inc. face liability under direct negligence theories for the conduct of their personnel and systems, and under product liability theories (design defect, manufacturing defect, failure to warn) for the autonomous driving system itself. Once commercial driverless service begins, the Waymo Driver software effectively becomes the operator for liability purposes.

3. Vehicle Manufacturers and Component Suppliers

Waymo's commercial fleet has included the Chrysler Pacifica (integrated by Magna), the Jaguar I-PACE (Jaguar Land Rover), and the Zeekr RT sixth-generation platform. Component suppliers include LiDAR units (historically Waymo's own Laser Bear Honeycomb), camera systems, and compute hardware from Nvidia and Intel. Each of these entities may be a defendant in a product liability action where the alleged defect is attributable to its component.

4. Another Human Driver

In the substantial majority of Waymo-involved crashes nationally, another human driver was the primary cause. Both of the two fatalities in the NHTSA Standing General Order data involved circumstances in which Waymo was not at fault on the face of the reports. The other driver and that driver's auto insurance policy are the primary recovery sources in those cases.

Illinois Comparative Fault

Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. An injured person may recover damages if they are not more than 50 percent responsible for the crash. The recovery is reduced by the percentage of fault assigned to the injured party. A plaintiff more than 50 percent at fault is barred from recovery entirely.

735 ILCS 5/2-1116

Illinois Modified Comparative Negligence

A plaintiff's recovery is reduced by the plaintiff's percentage of fault. A plaintiff who is more than 50 percent at fault is barred from any recovery.

Example: Waymo comparative fault calculation
Total damages$100,000
Plaintiff's fault percentage20%
Recovery$80,000

The comparative fault rule is particularly important in Waymo cases because liability is rarely binary. A typical complaint may name Waymo, the safety driver, a component manufacturer, and another motorist, with the jury or settlement negotiation allocating fault percentages among all four. The scene-level evidence preserved in the first hours frequently determines how those percentages are ultimately distributed.

Illinois Autonomous Vehicle Legislation

Illinois currently has no comprehensive statute governing autonomous vehicle operation, insurance, or liability allocation. Two bills are pending in the General Assembly, and the resolution of those bills will substantially shape the future legal landscape for Waymo and other AV operators in Illinois.

HB4663: The Autonomous Vehicle Pilot Project Act

HB4663, introduced by Representative Kam Buckner of Chicago, is the pro-deployment bill effectively supported by the AV industry. The bill would establish a three-year pilot program in counties of one million or more population (Cook County) plus Sangamon, Madison, St. Clair, and Monroe counties. Operators would file an Operational Design Domain statement with the Illinois Department of Transportation, which would have authority to authorize statewide deployment after three years if safety milestones are met. The bill addresses licensing, post-crash duties, registration, and equipment standards. It has a sunset and repeal date of January 1, 2029. The bill was re-referred to Rules Committee on March 27, 2026, where it has not advanced.

HB3044: Autonomous Vehicle Requirements

HB3044, introduced by Representative Stephanie Kifowit, is the restrictive bill. It would ban the sale and operation of Level 3, 4, and 5 autonomous vehicles in Illinois entirely. Only Level 2 driver-assist vehicles could be sold and registered. Manufacturers would be required to recall and disable any Level 3 to Level 5 system already sold. Operating a prohibited vehicle would be a Class A misdemeanor with impoundment. The bill has been stuck in Rules Committee since March 21, 2025.

The Insurance Gap

Illinois auto insurance minimums under 625 ILCS 5/7-601 are $25,000 per person, $50,000 per accident, and $20,000 property damage. California, by comparison, requires $5 million per AV operator for AV testers. HB4663 as drafted does not raise the Illinois minimums for autonomous vehicle operators. The gap between standard auto minimums and the potential exposure in a catastrophic AV claim is one of the most significant open issues in the Illinois debate.

What to Do After a Waymo Crash in Chicago

1

Call 911 and Get Medical Care

Request police and emergency medical assistance. The Chicago Police Department or Illinois State Police will respond depending on the location. Police documentation is critical evidence in any AV claim.

2

Photograph the Scene and the Waymo Vehicle

Capture the Waymo's license plate, the sensor array on the roof and bumpers, the vehicle damage, street signs, traffic signals, and the surrounding roadway. The visible sensor configuration identifies the specific vehicle generation and software version.

3

Identify the Safety Driver

Note whether a safety driver was behind the wheel and whether they were actively driving or monitoring the autonomous system. Their identity, employer (Waymo or contractor), and conduct at the moment of impact are key evidentiary points.

4

Get Witness Information

Independent witnesses can clarify disputed liability issues. Witnesses to a Waymo-involved crash are often particularly observant because the vehicle is unusual and visually distinctive.

5

Do Not Discuss Fault with Waymo Representatives

Waymo and its insurers may attempt to obtain recorded statements quickly after a crash. Statements at the scene or in the days immediately following can be admitted as party admissions and used against the injured person in the fault allocation. Consult counsel before any detailed discussion.

6

Contact a Chicago Waymo Accident Lawyer Quickly

Spoliation letters to Waymo must issue within days to preserve sensor logs, on-board video, mapping data, and software version information. Routine data retention policies may overwrite this evidence if preservation is not formally demanded.

How Counsel Helps in Waymo and Self-Driving Cases

Waymo cases differ from conventional auto cases in the types of evidence available and the procedural complexity of preserving and analyzing that evidence.

Preserving and Pursuing Vehicle Data

Waymo vehicles continuously record sensor data, on-board video, LiDAR point clouds, planning and prediction outputs, and control commands. Preservation letters and protective orders are required to prevent automatic data overwriting. The data itself is highly proprietary, and Waymo will typically litigate the scope of discovery aggressively.

Identifying All Potential Defendants

A complete Waymo complaint may name Waymo LLC, Alphabet Inc., Magna or Jaguar Land Rover or Zeekr as the vehicle integrator, LiDAR and camera component suppliers, the compute hardware manufacturer (Nvidia or Intel), the safety driver and their employer, and any other human motorist involved in the crash. Each defendant may carry separate insurance coverage that can be reached.

Working with AV and Human-Factors Experts

Autonomous vehicle cases require experts who can explain software behavior, sensor system limitations, machine learning model decisions, and the relative reaction times of human and autonomous drivers. These experts are a small specialty community and are typically retained quickly to ensure availability and to avoid conflicts.

Litigating in an Evolving Legal Landscape

Waymo cases in Illinois will proceed against an unsettled statutory background. HB4663, HB3044, and any successor legislation will shape the substantive law as cases work through discovery and trial. Counsel must track legislative developments and consider how pending statutes may affect the legal theories available.

Damages Recoverable in Illinois Waymo Cases

Economic Damages

  • Medical expenses: emergency treatment, hospitalization, surgery, rehabilitation, medications, and future medical care supported by expert testimony
  • Lost wages and reduced earning capacity, including future earning capacity in catastrophic injury cases
  • Property damage: vehicle repair, replacement, and diminished value

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of normal life
  • Disability and disfigurement

Wrongful Death Damages

When a Waymo accident results in a fatality, surviving family members may recover wrongful death damages under the Illinois Wrongful Death Act at 740 ILCS 180/ and a survival action under 755 ILCS 5/27-6.

Punitive Damages

Punitive damages are available in Illinois personal injury cases involving willful and wanton conduct. In an AV context, plaintiffs may pursue punitive damages where evidence of known defects, ignored safety warnings, or failure to remedy documented problems (the May 2024 utility pole recall, the May 2025 roadside barrier recall, the Austin school-bus pattern) supports a finding of conscious disregard.

Why Specialized Counsel Matters in Waymo Cases

Waymo and self-driving accident cases combine traditional personal injury practice with product liability discovery, complex software and sensor expert work, and an evolving regulatory framework. Counsel handling these matters needs working familiarity with the Illinois Vehicle Code, the modified comparative negligence statute, the law of product liability in Illinois (strict liability and negligence theories), federal motor vehicle safety standards, NHTSA Standing General Order reporting, and the discovery procedures necessary to obtain and analyze AV system data.

Engagement of an experienced Chicago Waymo accident lawyer should occur as early as possible after the crash so that spoliation letters can issue, sensor data is preserved, experts are retained, and the full chain of potential defendants is identified before evidence trails go cold.

Finding a Chicago Waymo Accident Lawyer

For consultation on a specific Chicago or Cook County Waymo-related crash, see our service page on Waymo accident representation in Chicago or call (312) 278-3625 directly. Initial consultations are free and most personal injury cases run on contingency.

Frequently Asked Questions

Ten questions Chicago Waymo and autonomous vehicle claimants commonly ask. Each answer is grounded in the Illinois Compiled Statutes, the NHTSA Standing General Order data, and the current state of Illinois autonomous vehicle legislation.

Does Waymo operate in Chicago?

Not as a driverless service. Waymo announced manual mapping operations in Chicago in February 2026. All Waymo vehicles currently on Chicago streets are driven by human safety drivers. No public driverless robotaxi service exists in Illinois yet.

Who is liable for a Waymo accident in Chicago?

Potentially the human safety driver, Waymo and Alphabet, the vehicle manufacturer or component suppliers, and any other human driver involved. Illinois modified comparative negligence under 735 ILCS 5/2-1116 allows fault to be allocated among multiple parties.

Can you sue Waymo if there is no driver in the vehicle?

Yes. Once driverless operations begin, plaintiffs can pursue direct negligence claims against Waymo and product liability claims (design defect, manufacturing defect, failure to warn) against Waymo and its component suppliers.

How many Waymo accidents have happened nationally?

More than 1,400 incidents between July 2021 and November 2025 under NHTSA Standing General Order reporting, including approximately 117 reported injuries and 2 reported fatalities. The two fatalities involved circumstances in which Waymo was not at fault on the face of the reports.

What evidence is important after a Waymo accident?

The police report, scene photographs (including the Waymo sensor array), witness contact information, sensor logs, on-board video and LiDAR data, software version data, mapping data, and any NHTSA filings related to the incident. Spoliation letters must issue quickly.

What Illinois laws govern AV liability?

No AV-specific statute exists yet. Traditional Illinois personal injury law applies: the Illinois Vehicle Code at 625 ILCS 5/, comparative negligence at 735 ILCS 5/2-1116, the two-year SOL at 735 ILCS 5/13-202, and product liability common law.

What is Illinois HB4663?

The Autonomous Vehicle Pilot Project Act, which would authorize a 3-year AV pilot program in Cook County and four downstate counties. It does not raise Illinois auto insurance minimums for AV operators. Re-referred to Rules Committee on March 27, 2026.

Can I recover damages if I was partially at fault?

Yes. Under 735 ILCS 5/2-1116 an injured person may recover if not more than 50 percent at fault. Recovery is reduced by the plaintiff's percentage of fault.

How long do I have to file a Waymo accident lawsuit?

Two years for most personal injury claims under 735 ILCS 5/13-202. One year for claims against governmental entities under the Tort Immunity Act.

Are Waymo vehicles allowed at O'Hare or Midway?

Not as of June 2026. No AV operating agreement exists for either airport. The Chicago Municipal Code TNP ordinance at Chapter 9-115 assumes a human driver. The likely eventual pattern mirrors Phoenix and San Francisco, with remote staging areas rather than terminal curbside pickup.

About the Author

Marvet M. Sweis, Esq.

Illinois trial attorney representing accident victims across the Chicago metropolitan area. Practice concentrated on personal injury, motor vehicle accidents, and premises liability under Illinois law.

Injured in a crash involving a Waymo in Chicago?

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This page is attorney-authored editorial content for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Every case turns on specific facts, and the law governing autonomous vehicles in Illinois is evolving. Authoritative external resources: Illinois General Assembly, Illinois Department of Transportation, National Highway Traffic Safety Administration, Illinois Courts.