Read the full article, Child Hit by Waymo Self-Driving Car Near Elementary School, Company Says; Feds Investigating, on Road & Track.

The Collision

The collision occurred during normal drop-off hours within two blocks of an elementary school in Santa Monica. Federal officials say the child ran across the street and toward the school behind a double-parked SUV and was struck by the autonomously operating Waymo at a speed of less than six miles an hour. The child, who stood up immediately after the impact, sustained minor injuries, according to Waymo.

“The event occurred when the pedestrian suddenly entered the roadway from behind a tall SUV, moving directly into our vehicle's path. Our technology immediately detected the individual as soon as they began to emerge from behind the stopped vehicle. The Waymo Driver braked hard, reducing speed from approximately 17 mph to under six mph before contact was made,” a statement from Waymo explains.

Waymo Voluntarily Reported Incident

Waymo voluntarily reported the incident to NHTSA officials immediately after it occurred. The California-based autonomous technology company said the incident Waymo was operating on its Fifth Generation Automated Driving System, and that there was not a human safety operator present in the vehicle at the time of the incident. Federal officials say there was a crossing guard as well as several double-parked cars in the immediate area prior to the collision.

Waymo’s Peer-Reviewed Model

A peer-reviewed model provided by Waymo alleges a human driver placed in the same situation would have struck the child at around 14 mph, claiming that the stack of autonomous safety technology reacted quicker than most humans could. Even so, federal regulators have opened a preliminary investigation into the incident, which will focus on whether the Waymo exercised appropriate caution given the environmental circumstances.

“ODI expects that its investigation will examine the ADS’s intended behavior in school zones and neighboring areas, especially during normal school pick up/drop off times, including but not limited to its adherence to posted speed limits. ODI will also investigate Waymo's post-impact response,” the federal investigation announcement reads.

Not the First Time

This is not the first time Waymo has been under federal investigation related to driving behavior near children. The Alphabet-funded startup was hit with a federal investigation late last year related to its driving behavior around school buses. This initial investigation was spurred on by an incident in which a Waymo ignored a school bus that was stopped with red lights flashing, stop sign out, and crossing control arm deployed. Waymo issued a recall related to the issue and updated its software to be even more careful around school buses. 

Previous instances of human collisions with autonomous vehicles have been heavily scrutinized. A prototype Uber self-driving Volvo XC90 struck and killed Elaine Herzberg on a four-lane road in Tempe, Arizona in 2018, prompting the first NHTSA investigation into a pedestrian killed by an autonomous vehicle and effectively ending Uber's self-driving program. Waymo has also recorded 14 instances of collisions with animals; a beloved San Francisco cat named KitKat who was killed after being run over by Waymo in 2025 sparked special outrage.

Discussion Questions

  1. Describe the National Highway Traffic Safety Administration.

    The National Highway Traffic Safety Administration (NHTSA) is a federal agency within the U.S. Department of Transportation whose main job is to keep people safe on America’s roads by regulating vehicles and promoting traffic safety. Essentially, the agency works to reduce deaths, injuries, and economic losses from car crashes through safety rules, research, and enforcement.

    NHTSA’s major responsibilities include:

    (a)  Setting and enforcing vehicle safety standards;
    (b)  Investigating vehicle defects and overseeing recalls;
    (c)  Providing consumer information and conducting crash testing;
    (d)  Conducting research and data collection; and
    (e)  Providing state grants for public safety programs.

  2. What are the legal theories that likely serve as the foundation for the plaintiff’s claim? What are the defendant Waymo’s best defenses in response to these theories of liability?

    Negligence and product liability are the legal theories that likely serve as the foundation for the plaintiff’s claim. Negligence is the failure to do what a reasonable person or business would do under the same or similar circumstances. Through product liability theory, a producer can be liable for a product defect. 

    Waymo’s best defenses to these theories of liability are: (1) regarding negligence, Waymo was not negligent; and (2) regarding product liability, Waymo did not produce a defective product.

    As the article indicates, according to Waymo, “(o)ur technology immediately detected the individual as soon as they began to emerge from behind the stopped vehicle. The (autonomous driver) braked hard, reducing speed from approximately 17 mph to under six mph before contact was made.    ” Additionally, a peer-reviewed model provided by Waymo alleges a human driver placed in the same situation would have struck the child at around 14 mph, claiming that the stack of autonomous safety technology reacted quicker than most humans could. 

    If the case goes to trial, such evidence could lead a reasonable jury to conclude that: (1) Waymo was not negligent; and (2) its product is not defective.

  3. In your reasoned opinion, should the plaintiff or the defendant prevail in this case? Explain your response.

    This is an opinion question, so student responses could vary. In your author’s opinion, additional evidence must be gathered through the discovery phase of litigation and introduced at trial to determine whether, under the circumstances, Waymo was negligent and/or its product is defective.