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Delivery robots and drones are becoming increasingly common, which means that everyday individuals are more likely to cross paths with one of these machines. Unfortunately, what is also likely to occur is a rise in pedestrian accidents involving these automated devices. What happens if a robot or drone injures you?
No matter what advances in technology or the law may come, accident victims have a trusted ally in Michael LoGiudice, LLP. Here, we explain what you need to know.
Legal Gray Areas
New York City citizens and businesses alike should understand that the laws surrounding delivery robots and drones are still developing, even though these technological advancements have been available for some time now. These are some legal highlights:
Delivery robots
These robots are built to navigate urban environments like NYC in much the same way that pedestrians do. To that end, many of the relevant laws treat these devices as pedestrians. But this raises difficult legal questions such as:
- How fast should the robot be allowed to go? If it’s too fast, then the “pedestrian” becomes more akin to a bicycle, motorcycle, or even automobile, depending on its weight and size.
- Are they truly distinguishable from heavier machines? Practically speaking, is there any real difference between an automated delivery robot and a vehicle? If so, how does the law distinguish between the two? How do self-driving cars fit in?
- Where is the line between automation and human action? Delivery robots are trained to operate largely on their own, but they still require human input, operation, and maintenance. This cuts a not-so-fine line between product liability cases (when dangerous or defective devices harm others) and general negligence.
- How will courts handle comparative negligence issues? Pedestrians and bicyclists must understand their rights and duties. If a robot collides with someone (see the Avride example below), but the victim was partially at fault, could comparative negligence reduce the victim’s damages?
Delivery drones
Google, Amazon, UPS, and other companies are already relying on drones to accomplish their business objectives in NYC and elsewhere. As more drones fill the sky, the likelihood of a device falling and injuring pedestrians goes up. Legal questions arise, including:
- Who is liable for drone accidents? In a simple personal injury case, there’s one victim and one at-fault party. It’s more complicated with drones because operators, manufacturers, software engineers, technicians, and others all play varying roles.
- When can a business be held responsible? Does the business that is using the drone (either to deliver or receive goods) bear some liability? For instance, if a company chose a disreputable drone carrier to deliver goods, and someone gets hurt, how is liability apportioned?
- Who regulates – states or feds? Although the Federal Aviation Administration (FAA) primarily regulates drones, personal injury (including NYC pedestrian accident cases) is largely a state matter. This creates legal tension and complex jurisdictional questions.
- How should the law ensure safety? For instance, should drones be allowed to fly at night or during inclement weather? Which rules should regulate these flights? In the absence of regulations, could a company’s failure to voluntarily adopt certain safety measures be evidence of negligence?
Emerging Accident Claims Involving Drones and Robots
As businesses and individuals in New York City and elsewhere turn to delivery robots and drones to transport products, legal experts expect to see more of the following claims:
- Personal injury and wrongful death: Robots and drones could crash into or fall on top of motorists, pedestrians, bicyclists, and others. Some accidents will be more serious and even fatal, prompting victims and their families to take legal action.
- Product liability and class action lawsuits: Defects with the robots and drones could trigger legal action alleging liability on the part of manufacturers and others. Depending on the severity of the issue, these could turn into class action matters.
- Premises liability cases: Unsafe, negligent property conditions could also play a role in NYC delivery robot and drone accidents. For instance, poor lighting at a business could conceal the operation of a robot and injure a pedestrian.
Real-Life Examples of Incidents
A brief look at actual legal cases outside of NYC involving delivery robots and drones is helpful to understanding some of the issues at play. These are some examples:
- Avride injures cyclist: Avride, an autonomous vehicle company, owns a delivery robot that injured a Texas cyclist crossing the street. The man sustained serious injuries, but the company has alleged that the cyclist’s negligence caused the accident.
- Los Angeles robot collides with disabled man: A Serve Robotics vehicle suddenly braked and hit a man’s mobility device. Although no injuries were reported, the case highlights another nuance involving mobility devices and potential victims who are disabled.
- Amazon Prime drones crash near Phoenix: Two of Amazon’s MK30 delivery drones hit the boom of a crane. While there were no reported injuries, the resulting fire and debris field has prompted a federal investigation and safety concerns.
DOT and FAA Pilot Programs
In an effort to better integrate drones into everyday life, and address the policy, legal, and regulatory challenges that naturally emerge, the U.S. Department of Transportation (DOT) and FAA have partnered to create several pilot programs:
- The FAA and DOT’s Unmanned Aircraft System (UAS) Integration Pilot Program (IPP): The IPP worked to develop rules and standards that could address the interests of federal, state, and local governments and agencies with respect to delivery drones. The IPP’s Final Report laid the groundwork for subsequent programs.
- BEYOND: This program picked up where the IPP left off, with the express intent of addressing unresolved issues. Similar to the IPP, the purpose of BEYOND is largely to develop new drone standards and operating rules. Phase 2 of BEYOND started in 2025.
Learn More About Our Commitment to Accident Victims
As society and technology change, you can count on the steady legal guidance of Michael LoGiudice, LLP. If you or a loved one have been injured in a NYC delivery robot or drone accident, connect with us to seek compensation for your losses.