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What Happens If You're Hit by a Delivery Robot or Drone in California?

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    TL;DR: If you’re hit by a delivery robot or drone in California, you may have a right to compensation under existing negligence and product liability laws. Though no specific law governs these incidents yet, fault may lie with the operator, manufacturer, or the company deploying the tech. Act quickly: the statute of limitations is typically two years (see CCP §335.1). Seek medical care, document the incident, and contact a personal injury lawyer experienced with emerging tech liability.

    Breathe, Then Act: 3 Key Steps

    1. Get medical help. Call 911 or seek urgent care, even if injuries seem minor.
    2. Document the scene. Take photos of the robot/drone, its company branding, location, and your injuries.
    3. Talk to a lawyer. Emerging tech claims are complex. You need legal help fast to preserve evidence.

    Why Robot & Drone Accidents Are Legally Complex

    Unlike traditional car or truck accidents, delivery robots and drones may be operated remotely, autonomously, or through hybrid AI-human systems. Determining fault often requires technical investigation into:

    • Sensor or GPS malfunction
    • Software or algorithmic error
    • Human oversight failures (remote pilots)
    • Maintenance or hardware issues

    Because these systems blur lines between product, driver, and code, liability could fall on multiple parties:

    • The company operating the drone or robot (like Amazon, Wing, or Serve Robotics)
    • The hardware manufacturer
    • The software developer
    • Any subcontracted delivery firm or maintenance partner

    What Laws Might Apply?

    While California does not yet have a specific statute for autonomous delivery accidents, several well-established laws may apply:

    • Negligence (Civil Code §1714): Failing to use reasonable care in design, operation, or oversight
    • Product Liability: If the drone/robot was defective in design or function
    • Premises Liability: If the delivery platform caused injury on private property
    • Vicarious Liability: If a worker or remote operator made an error while under company scope

    As this area of law evolves, courts may look to precedents from autonomous vehicle accidents, which follow a similar multi-defendant liability model.

    Real-World Example: Sidewalk Robot, Shoulder Injury

    Our client in San Francisco tripped over a delivery robot parked at the edge of a curb ramp. The unit had no visible indicator lights and was left unattended for over 20 minutes. She tore her rotator cuff trying to catch herself. The company blamed a software glitch, but we uncovered maintenance records showing repeated parking errors. Final settlement: $325,000.

    FAQs

    Can I sue if the drone wasn’t being actively flown by a person?

    Yes. Under California negligence law, companies are responsible for the actions (or failures) of their autonomous systems.

    What if I was partially at fault?

    California follows a comparative negligence system. You may still recover damages, reduced by your share of fault.

    Is this different from suing over a car crash?

    Yes. While liability rules are similar, delivery robot and drone cases often require expert analysis of code, logs, and firmware—not just driver behavior.

    How long do I have to file a claim?

    Two years from the date of injury in most cases (CCP §335.1), though there are exceptions.

    You Deserve Answers. We’re Ready to Help.

    These cases are complicated—but we make them clear. Our firm has recovered $1.7 billion+ for clients across California. We understand AI-assisted and autonomous delivery systems and know how to win.

    No Win, No Fee. Contact us for your free consultation today.

    Neama Rahmani, Esq. — California Bar No. 223819

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