Self-driving cars are no longer a futuristic concept for Chicago drivers. Waymo, the autonomous vehicle company, has begun mapping Chicago roads as part of its expansion into the Midwest. While Waymo vehicles are not yet available to the public here, their presence on city streets raises questions that Chicago drivers, cyclists, and pedestrians should start thinking about now, before the technology becomes a routine part of navigating the city.
Duncan Law Group represents injured victims throughout Chicago in personal injury and car accident cases. As autonomous vehicle technology develops in Illinois, we are paying close attention to what it means for accident victims and the evolving legal landscape around liability. Call us at (312) 202-3283 if you have questions about a vehicle accident claim.
What Is Waymo and Why Is It Testing in Chicago?
Waymo operates a fleet of fully autonomous vehicles that use a combination of cameras, radar, lidar, and artificial intelligence to navigate roads without human input. The company has been operating commercial robotaxi services in cities including Phoenix and San Francisco for several years and has been expanding its testing footprint into new markets.
Chicago represents a significant step for autonomous vehicle development because it presents conditions that cities like Phoenix simply do not. Chicago's harsh winters, dense urban traffic, complex intersections, and unpredictable weather make it one of the more challenging environments a self-driving system can face. Successfully navigating Chicago roads would be a meaningful benchmark for the technology's broader viability.
Are Waymo Vehicles Available to the Public in Chicago?
No. Waymo is currently in a mapping and data-collection phase in Chicago. Vehicles are being used to learn the road network, not to transport passengers. Members of the public cannot hail a Waymo ride in Chicago at this time, and no commercial service has launched here.
Timeline and Legislative Progress in Illinois
Before Waymo or any autonomous vehicle company can operate a commercial service in Illinois, legislation must be in place to govern it. A bill is currently working its way through the Illinois legislature that would create a legal framework for autonomous vehicle operation in the state.
The timeline for passage and implementation remains uncertain, and the specifics of what the law will require of companies like Waymo are still being determined. What is clear is that the legal groundwork is being laid now, which means Chicago drivers have a window to understand the implications before the technology arrives at scale.
Illinois Laws on Self-Driving Cars
Illinois does not currently have a comprehensive autonomous vehicle law in place. The state has general traffic statutes that apply to all vehicles, but there is no specific framework governing how fully autonomous vehicles are tested, deployed, or held liable when accidents occur.
Proposed Legislation and What May Change
Pending legislation in Illinois, Senate Bill 3392 (the Autonomous Vehicle Pilot Project Act), would establish specific requirements for autonomous vehicle testing and commercial operation. If passed, the bill would create a 3-year pilot program beginning in urban counties with over 1 million residents (including Cook County) before opening the door to statewide legalization.
The legislation would require companies to meet three key requirements:
- Insurance minimums: Operators must carry $1 million per incident in coverage, via insurance, surety bond, or proof of self-insurance). This is higher than standard Illinois auto insurance minimums.
- Incident reporting obligations: Operators must report crashes and safety incidents to the Illinois Department of Transportation, aligning with federal NHTSA crash reporting mandates for automated driving systems.
- Operational standards: Companies must submit an Operation Design Domain (ODD) plan detailing where vehicles will operate, how they will operate, and compliance with all traffic laws and safety requirements.
If this bill is passed, Illinois would move closer to regulatory frameworks already in place in states like California (which requires DMV permits and extensive data reporting) and Arizona (which allows driverless operations with permitting). Until SB3392 passes, the legal status of fully driverless autonomous vehicles in Illinois remains unclear.
What Happens If a Waymo Vehicle Causes an Accident?
If you're injured in a Waymo accident, understanding liability is critical to recovering compensation. Chicago currently has no laws in place governing autonomous vehicle accidents, making these cases even more complex. Duncan Law Firm is tracking the ongoing Illinois legislation that will shape how these claims are handled.
Who May Be Liable
Unlike standard crashes, autonomous vehicle accidents can involve multiple potentially responsible parties:
- Vehicle manufacturer
- Software developer
- Remote operator
- Commercial deploying entity
- A human driver who contributed to the crash.
Determining responsibility requires investigating the vehicle's data, operational status at the time of the crash, and everyone's actions.
Differences Between Traditional and Autonomous Vehicle Claims
Traditional accidents focus on driver behavior. Autonomous vehicle claims expand to include software performance, sensor function, system updates, and whether the technology was adequate for operating conditions. These cases may require engineering and software experts that standard accident cases don't need.
Insurance Challenges
Insurance coverage for autonomous vehicle accidents is still developing. Waymo carries commercial insurance, but in multi-party accidents, that coverage can clash with other policies. Injured parties often face multiple insurers each trying to shift responsibility elsewhere.
Lessons from Waymo Accidents in Other States
Waymo vehicles have been involved in accidents in both Arizona and California, the two states where they have operated most extensively. Some incidents have involved Waymo vehicles being struck by human drivers, while others have involved the autonomous vehicles making driving decisions that contributed to collisions. The National Highway Traffic Safety Administration and California's DMV have both received incident reports involving Waymo vehicles over the years.
Reported autonomous vehicle accidents have involved a range of contributing factors including:
- The vehicle's software misidentifies objects or road conditions.
- The autonomous system makes unexpected braking or turning decisions.
- Human drivers behaving unpredictably in ways the system struggled to anticipate.
- Sensor performance limitations in poor weather or low-visibility conditions.
The accident record in other states demonstrates that autonomous vehicles are not perfect and that when they are involved in crashes, the legal and insurance questions are significantly more complex than in a standard accident. Chicago drivers should understand that if Waymo vehicles eventually operate commercially here, those same complexities will apply.
What Chicago Drivers Should Know Right Now
Waymo vehicles during the mapping phase are typically operated with a human safety driver present. They tend to follow traffic laws precisely and may behave differently than human drivers in ambiguous situations, sometimes braking earlier than expected or hesitating at complex intersections. Being aware of their presence and giving them space is the most practical approach during this phase.
What to Do If You Are Involved in a Crash
If you're involved in a crash with an autonomous vehicle in Chicago or anywhere else in Illinois, treat it like any serious accident:
- Call 911 immediately.
- Seek medical attention for any injuries.
- Document the scene thoroughly, including photographs of all vehicles and any visible technology on the autonomous vehicle.
- Avoid making statements about fault.
- Contact a Chicago car accident attorney before speaking with any insurance company, because liability questions in these cases are genuinely more complicated than in a standard crash.
How Duncan Law Group Can Help After a Car Accident
Duncan Law Group has recovered over $350 million for injured clients throughout Chicago and Illinois, including complex cases involving rideshare accidents and other situations where liability is not straightforward. Our team has over 100 years of combined experience, while our lead attorney Robert Duncan has been recognized as a Super Lawyer for 16 consecutive years, and has been selected to the Top 100 list multiple times. Our firm charges only 25% rather than the industry standard 40%, ensuring more of your recovery stays with you.
As autonomous vehicle technology develops in Chicago, the legal questions around liability, insurance, and victim compensation will only grow more complex. Duncan Law Group is prepared to handle those questions and to fight for injured victims regardless of what technology was involved in causing the harm.
Contact Duncan Law Group at (312) 202-3283 to speak with one of our Chicago car accident attorneys today.
