Can I sue the robotaxi company after a crash in Washington, DC?

If the vehicle was under autonomous operation, D.C. Code § 50-2352.01 treats the testing entity as the operator, so the claim generally proceeds against the company rather than a driver. The three-year deadline in D.C. Code § 12-301 applies to most injury claims. If a District-owned or District-contracted vehicle was involved, a separate six-month notice to the Mayor is required under D.C. Code § 12-309.

What evidence should be preserved after a DC self-driving car accident?

The vehicle’s sensor and telemetry logs, the crash report the operator must file with DDOT, and any report filed with NHTSA under its Standing General Order on crash reporting. Because onboard data can be overwritten, a written preservation letter should go to the company within days of the crash.

DC Self-Driving Car Accident Lawyer

Q: Who is liable in a DC self-driving car accident?

Under D.C. Code § 50-2352.01(e), the AV testing entity is considered the operator of the vehicle while it is under autonomous operation. That makes the company, rather than a human driver, the primary defendant, and the statute requires the entity to be able to respond to a judgment of up to $5 million. However, DC contributory negligence still applies, so an injured driver or passenger found partly at fault can be barred from recovery.

Reviewed & authored by Roger K. Gelb & Brian A. Gelb | DC Car Accident Attorneys, Gelb & Gelb, P.C. Licensed in Maryland & Washington, D.C. | Founded 1954 | $400M+ recovered for clients Last updated: September 2026 | Reviewed each quarter as DC autonomous vehicle rules change.

A DC self-driving car accident does not work like an ordinary crash claim. In a typical collision, the defendant is the driver who made a mistake. However, when a vehicle is under autonomous operation in the District, DC law names the company as the legal operator. As a result, the claim runs against a corporation with a $5 million financial backstop. It does not run against an individual with a minimum policy.

That sounds favorable for injured people, and in some ways it is. Still, one older rule has not changed. The District follows contributory negligence. Consequently, a driver or passenger found even slightly at fault can recover nothing. That is true even when the company concedes its software was driving. Pedestrians and cyclists get a modified rule, but it still cuts off recovery once their fault outweighs the company’s. This page explains how those rules interact, which deadlines apply, and where DC autonomous vehicle law stands as of September 2026.

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Who Is Liable in a DC Self-Driving Car Accident?

The starting point is D.C. Code § 50-2352.01, which created the District’s Autonomous Vehicle Testing Program. Subsection (e) provides that the AV testing entity shall be considered the operator of the vehicle while the vehicle is under autonomous operation. In plain terms, the company is the driver in the eyes of DC law.

The same section imposes duties that matter in a DC self-driving car accident claim. First, under subsection (c)(5)(H), the entity must be able to respond to a judgment for damages, personal injury, death, or property damage in the amount of $5 million. Insurance, a surety bond, or self-insurance can satisfy that requirement. Second, vehicles must be tested with either a test operator physically present or a remote operator. Third, an entity must give DDOT electronic notice at least 10 business days before testing begins. Finally, subsection (g) requires a quarterly inventory of every autonomous vehicle the entity operates here.

In addition, the District Department of Transportation runs the program day to day. According to the DDOT autonomous vehicles page, testing entities must report any crashes that occur while the automated driving system is engaged. Those reports become important evidence in a DC self-driving car accident case, as discussed below.

Contributory Negligence Still Controls a DC Self-Driving Car Accident Claim

Here is the contrast that shapes every DC self-driving car accident case. On one side, the statute hands you a corporate defendant and a $5 million judgment backstop. On the other side, the District still applies contributory negligence, one of the harshest fault rules in the country. Under that rule, a plaintiff who contributed to the crash in any degree is barred from recovery.

Consider a driver whose car is struck by a vehicle under autonomous operation. Suppose the company admits its system ran a red light. Even so, the company may prove the driver was speeding by a few miles per hour. If it does, the driver may recover nothing. The company’s admission does not overcome the plaintiff’s own share of fault. Therefore, the defense will focus heavily on what the injured person did in the seconds before impact.

The modified rule for pedestrians and cyclists

The District softened this rule for some road users. Under D.C. Code § 50-2204.52, a pedestrian or cyclist hit by a motor vehicle can still recover unless their negligence was greater than the combined negligence of all defendants. However, that protection ends where the plaintiff’s fault outweighs the company’s. For example, a pedestrian found 51 percent at fault recovers nothing, even if the vehicle failed to brake. Our pages on DC pedestrian accident claims and DC bicycle accident claims explain how that rule works in practice.

Because of this, the sensor data an autonomous vehicle records cuts both ways. It can prove the system failed. Likewise, it can prove the plaintiff stepped off the curb late. Getting that data early is central to a DC self-driving car accident claim.

Who Is the Defendant in a DC Self-Driving Car Accident? Four Scenarios

The likely defendant depends on how the vehicle was operating at the moment of the crash. The table below summarizes the current rule for each scenario. It also notes what would change if the Council passes the Allen bill discussed later on this page.

Likely defendant by scenario

Scenario	Likely defendant	Governing rule	What changes if the Allen bill passes
AV in autonomous testing mode with a safety driver	The AV testing entity, as statutory operator. The safety driver may be added if they took manual control.	§ 50-2352.01(e); $5 million financial responsibility under (c)(5)(H); DDOT crash reporting.	Testing rules stay. The bill adds a commercial permit program and states that it clarifies liability for crashes and malfunctions.
AV operating driverless, with no one in the vehicle	The AV company. DDOT does not currently allow driverless operation, so this would also be unpermitted.	DDOT requires an operator behind the wheel; § 50-2352.01(e) still treats the entity as operator.	Creates a DDOT permit program for passenger and goods service, with insurance and data reporting requirements.
Personal vehicle using driver-assist features such as adaptive cruise or lane keeping	The human driver. The manufacturer may be added if a system defect contributed.	Ordinary DC negligence law and the driver’s auto policy. § 50-2352.01 covers testing entities, not consumer driver-assist systems.	No change. The bill addresses commercial autonomous fleets, not privately owned cars.
AV owned or contracted by the District government	The District of Columbia, plus any contractor operating the vehicle.	§ 12-309 six-month notice to the Mayor; § 50-2352.01 if the contractor is a testing entity.	The notice rule does not change. Operators would have to coordinate with WMATA on transit connections.

Sources: D.C. Code § 50-2352.01; DDOT Autonomous Vehicles program page; Bill B26-0684 as introduced. Reviewed September 2026.

Deadlines That Apply to a DC Self-Driving Car Accident Case

Three deadlines govern most claims. First, D.C. Code § 12-301 gives an injured person three years to file a personal injury lawsuit. Our page on the DC car accident statute of limitations covers the exceptions. A fatal crash follows a shorter timeline. We explain it on our DC wrongful death lawyer page and our page on fatal DC car accidents.

Second, if a District vehicle was involved, D.C. Code § 12-309 requires written notice to the Mayor within six months of the injury. The notice must state the approximate time, place, cause, and circumstances. A written Metropolitan Police Department report can satisfy this requirement, but relying on that is risky. Our page on claims against the DC government walks through the process.

Third, D.C. Code § 31-2405 requires a victim who elects PIP benefits to notify the PIP insurer within 60 days of the accident. That election can limit the right to sue for pain and suffering unless the injury meets a statutory threshold. In a DC self-driving car accident, where the corporate defendant carries $5 million in coverage, electing PIP is often the wrong move. We explain the tradeoffs on our page about personal injury protection coverage in DC. Our post on the new DC car insurance law for 2026 covers recent changes to minimum coverage.

Preserving Evidence After a DC Self-Driving Car Accident

An autonomous vehicle records far more than a human driver remembers. Lidar, radar, camera, and telemetry logs capture speed, steering, braking, and what the system perceived before impact. In fact, § 50-2352.01(c)(5)(F) requires each testing vehicle to capture and store sensor data from the period preceding a crash. That data exists. The question is whether it will still exist when your claim is filed.

Three categories of records matter most. The first is the vehicle’s own sensor and telemetry data, which the company controls. The second is the crash report the operator must file with DDOT under the testing program. The third is the federal report filed under NHTSA’s Standing General Order on crash reporting. That order requires automated driving system operators to report qualifying crashes, with the most severe due within five days.

Because retention periods for onboard data can be short, a preservation letter should go out within days of the crash rather than months. The letter identifies the vehicle, the date and time, and the specific data sets to be held. Once the company receives it, destroying that data exposes the company to sanctions. Meanwhile, we request the DDOT and NHTSA filings through public records channels. Our guide on recoverable damages in a DC car accident explains how that evidence supports each category of loss.

Self-Driving Cars in DC: Current Status as of September 2026

This section is reviewed each quarter, in the same way we refresh our DC car accident statistics page. Here is where things stand.

Testing in the District

DDOT states that the District currently only allows testing of AVs. All testing must have an operator behind the wheel, ready to take over. No passenger service permits exist. The entities that have notified DDOT are Waymo, Zoox, Beep Inc., Nuro Inc., and Perrone Robotics, with the last three listed as inactive. Waymo has been testing in the District since April 2024. It has announced that it wants to carry passengers here in 2026, subject to legal authorization. Zoox announced its DC testing plans in late 2025 and now appears on DDOT’s list.

In April 2026, DDOT released a research report on the state of U.S. automated vehicle policy. It compares how other jurisdictions regulate autonomous vehicles. However, by its own terms it does not offer policy recommendations.

The Allen bill and the NHTSA investigation

On April 23, 2026, Councilmember Charles Allen announced the Autonomous Vehicle Deployment Authorization Amendment Act of 2026, filed as B26-0684 on May 1, 2026. The bill would create a Commercial Autonomous Vehicles Program within DDOT covering permitting, insurance, oversight, accountability, and data reporting. It requires equal coverage of every neighborhood with comparable wait times. It also states that it clarifies legal liability for crashes and malfunctions. In addition, it requires guidance for first responders at AV crash scenes and redundancy plans for a regional power loss. Finally, it imposes a vehicle miles traveled fee, split between WMATA funding and support for current rideshare workers.

The Committee on Transportation and the Environment held a public hearing on July 13, 2026. According to hearing coverage, Waymo and riders with vision loss testified in support, while SEIU Local 32BJ and rideshare drivers testified against it. Councilmember Allen said the Council would spend the summer refining the bill with stakeholders. No committee vote has occurred as of this update.

At the federal level, NHTSA has an open preliminary evaluation, PE25013, into Waymo vehicles driving around stopped school buses. It opened in October 2025 and remains open. That matters here because Waymo is the most active testing entity in the District.

How Gelb & Gelb Approaches a DC Self-Driving Car Accident Claim

Our analysis of these cases starts with the statute. If the vehicle was under autonomous operation, the testing entity is the operator. The claim is then built around the company’s $5 million financial responsibility. Next, we address contributory negligence head on, because the defense will. That means securing the sensor data before it is overwritten and pairing it with witness accounts and nearby camera footage.

From there, the case follows the same path as other Washington DC car accident claims. We document medical treatment, lost income, and future care needs. Our DC car accident settlement guide explains how those categories combine into a demand. If your crash happened across the state line, Maryland follows different rules. We cover them on our Maryland autonomous car accidents page.

Gelb & Gelb offers a free consultation for anyone injured in a DC self-driving car accident. We handle these cases on a contingency fee basis, so no attorney fee is owed unless we obtain a recovery for you. Case costs are addressed separately in the written fee agreement. Call our Washington, DC office or use the contact form on this page to get started.

Prior results do not guarantee a similar outcome. The information on this page is general information and is not legal advice. Gelb & Gelb attorneys are licensed in the District of Columbia and Maryland.