Denver: Robotaxi & Robot Injury Legal Resources

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Denver is emerging as a critical proving ground for autonomous vehicle technology—one that will test whether self-driving systems can handle challenging winter conditions. Waymo began testing in September 2025 with plans for commercial service in 2026, but Colorado’s regulatory framework offers virtually no independent oversight. Understanding your legal options now is essential before large-scale deployment arrives.

The Robotaxi Landscape in Denver

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Denver’s combination of variable weather, altitude challenges, and growing tech sector makes it an attractive but demanding market for autonomous vehicles.

Waymo Operations

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Waymo announced its Denver expansion in September 2025, bringing autonomous vehicle testing to the Front Range:

• Fleet consists of approximately a dozen vehicles—white Jaguar I-PACE SUVs and powder-blue Zeekr EVs
• Testing covers Downtown Denver, Cherry Creek, and River North Arts District (RiNo)
• Expansion planned to the wider metro area as testing progresses
• All vehicles currently operate with human safety drivers behind the wheel
• Vehicles use fifth- and sixth-generation sensor technology described as “more robust in winter weather conditions”
• Commercial robotaxi service planned for 2026
• Company secured $5.6 billion from investors for expansion to up to a dozen cities

Waymo selected Denver specifically to validate its technology in winter conditions—the company has not yet validated its Driver system for fully driverless operations in snow and ice.

Why Denver?

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Waymo’s expansion to Denver follows its established pattern of Sun Belt operations in Phoenix, Austin, Atlanta, Los Angeles, and San Francisco. Denver represents a significant step:

• Winter weather testing: Denver averages 57 inches of snow annually, presenting critical sensor validation challenges
• Altitude considerations: Denver sits at 5,280 feet—the “Mile High City”—with surrounding mountain terrain reaching 14,000+ feet
• Favorable regulatory environment: Colorado’s 2017 law provides blanket approval for AV deployment
• Tech-friendly ecosystem: Growing technology sector and pro-innovation state government
• Political support: Both Governor Jared Polis and Denver Mayor Mike Johnston have welcomed Waymo

Current Testing Status

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As of late 2025, Waymo’s Denver operations remain in the data collection phase:

• No traffic violations recorded in Denver County during the first two months of testing
• Human handlers accompany all vehicles during the testing phase
• Fleet size will grow based on ridership demand once commercial service launches
• Waymo provides over 1 million paid rides monthly across its existing markets (800+ vehicles in San Francisco alone)

Colorado’s Regulatory Gap

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Colorado offers one of the most permissive autonomous vehicle frameworks in the country—but “permissive” also means “minimal oversight.”

The 2017 Framework: SB 17-213

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Colorado’s primary autonomous vehicle law provides:

• Blanket approval for AV testing and deployment statewide
• Local governments cannot ban or restrict autonomous vehicles
• Highly autonomous vehicles (SAE Level 4-5) can operate with or without a human driver
• The state declared AV regulation a “matter of statewide concern,” preempting local control
• No special insurance requirements beyond standard vehicle coverage
• No required public reporting of incidents or safety data

No Independent Oversight

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Unlike California, which requires detailed public reporting of AV incidents and disengagements, Colorado provides minimal regulatory infrastructure:

• No independent state agency oversees autonomous vehicles
• An informal task force run by CDOT and Colorado State Patrol plays an advisory role only
• Companies self-certify compliance with federal and state law
• Denver officials reportedly didn’t know the location of Waymo’s depot

What Approval Exists

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For vehicles that cannot comply with every applicable law, companies must seek approval from:

• Colorado State Patrol
• Colorado Department of Transportation
• The Autonomous Mobility Task Force (advisory body)

This process applies to edge cases—most AV operations proceed under blanket authorization.

Product Liability Protections

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Colorado’s 2017 law shifted some liability away from operators:

• If an autonomous vehicle commits a traffic violation while in autonomous mode, the violation is attributed to the system, not the operator
• Operators are not liable solely due to autonomous technology
• However, other forms of negligence can still apply
• The law does not resolve liability questions between manufacturers and drivers

Recent Legislative Activity

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Governor Polis vetoed HB25-1122 in May 2025, which would have required commercial vehicles using automated driving systems to have a licensed commercial driver present. Colorado remains committed to minimal AV regulation.

Colorado Liability Law

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Colorado’s liability framework provides structured but limited paths to recovery for injury victims.

Modified Comparative Negligence

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Colorado follows modified comparative negligence under C.R.S. § 13-21-111:

• You can recover damages if your fault is 50% or less
• If you’re more than 50% at fault, you recover nothing
• Recovery is reduced by your percentage of fault
• Example: If damages are $100,000 and you’re 30% at fault, you recover $70,000

This is less favorable than “pure” comparative negligence states like Arizona and Washington.

Product Liability

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Colorado recognizes three types of product defect claims:

Design Defects:

• The product’s design made it unreasonably dangerous
• All products of that design share the same flaw

Manufacturing Defects:

• A specific product deviated from the intended design
• That particular unit was defective

Failure to Warn:

• Inadequate warnings or instructions about foreseeable risks
• The user wasn’t adequately informed of dangers

For autonomous vehicles, product liability claims may target:

• Autonomous driving system design
• Sensor and perception system defects
• Software decision-making failures
• Vehicle hardware integration problems
• Failure to warn about system limitations (especially in winter conditions)

Statute of Limitations

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Important exceptions:

• Discovery rule: Deadline may be extended if injury wasn’t immediately discoverable
• Government claims: Only 180 days to file administrative claims against governmental entities
• Minors: Deadline tolled until age of majority

Statute of Repose

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Colorado has a 10-year statute of repose for product liability claims (non-manufacturing products). Claims may be barred regardless of when injury occurs if the product was first sold more than 10 years earlier.

Who Can Be Held Liable?

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Autonomous vehicle incidents in Denver may involve multiple potentially liable parties:

AV Companies

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Companies like Waymo may be liable for:

• Design defects in autonomous driving systems
• Software failures that cause accidents
• Negligent testing or deployment practices
• Operating beyond validated conditions (deploying in winter before validating for snow)
• Failure to warn about system limitations

Parent Companies

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Corporate relationships may extend liability:

• Alphabet owns Waymo
• Parent company involvement in development and deployment decisions may create shared liability

Vehicle and Component Manufacturers

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Companies building physical vehicles may face liability for:

• Hardware defects in sensors, cameras, or computing systems
• Integration failures between vehicle platform and autonomous systems
• Manufacturing defects in Jaguar or Zeekr vehicles

Safety Operators

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During the current testing phase with human drivers aboard:

• Operators may be personally liable for failure to intervene
• Employers are likely vicariously liable for operator negligence
• Inadequate training may create additional company liability

Denver’s Unique Driving Challenges

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Denver’s geography and climate create specific challenges for autonomous vehicles—challenges that may factor into liability analysis when incidents occur.

Winter Weather Conditions

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Denver’s winter weather poses particular challenges for AV sensor systems:

• Average annual snowfall of 57 inches
• Freeze-thaw cycles creating potholes and variable road conditions
• Black ice forming overnight after daytime melting
• Snow-covered lane markings disappear from sensor visibility
• Falling snow creates “noise” that sensors must filter out
• Camera sensors can become blocked by precipitation

Waymo has acknowledged it has not yet validated fully driverless operations in snow conditions. If incidents occur during winter conditions, this admission may be significant for liability analysis.

Altitude and Mountain Proximity

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Denver sits at 5,280 feet elevation with mountain terrain nearby:

• I-70 corridor climbs to over 11,000 feet at Eisenhower Tunnel
• Temperature drops 3-5°F per 1,000 feet of elevation gain
• Strong winds can destabilize vehicles and damage rooftop sensors
• Hail common during spring and summer months
• Battery and electronic performance may vary with altitude and temperature

Urban Infrastructure

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Denver’s road system presents additional challenges:

• Mix of grid pattern downtown and sprawling suburban development
• Light rail crossings requiring recognition of transit vehicles
• Active construction zones from ongoing development
• Bike lanes integrated throughout downtown
• 16th Street Mall pedestrian area with transit-only restrictions

Traffic Patterns

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• Heavy congestion during weekday commute hours
• Event traffic for Broncos, Rockies, Nuggets, and Avalanche games
• Weekend ski traffic on I-70 creating unpredictable conditions
• Mix of rideshare, delivery vehicles, and commercial traffic
• University traffic around CU Denver and Auraria campus

Steps to Take After an AV Incident in Denver

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1. Ensure Safety

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Move to safety if possible. Colorado’s variable weather can make roadside positions hazardous.

2. Call 911

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Contact Denver Police Department or appropriate jurisdiction for an official report.

3. Identify the Vehicle

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Note which company operates the vehicle:

• Look for company branding (Waymo sensors are distinctive)
• Jaguar I-PACE SUVs and powder-blue Zeekrs indicate Waymo
• Note whether a human operator is present
• Photograph the vehicle’s sensor array and identification numbers
• Record vehicle license plate

4. Document Everything

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• Photograph all vehicles, damage, and the scene
• Note exact location (street names, landmarks)
• Record time, weather, and road conditions
• Document snow, ice, or other weather factors—this may be critical
• Get witness contact information
• Check for nearby security cameras

5. Report the Incident

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• Denver Police Department: File accident report
• NHTSA: Report to the Vehicle Safety Hotline (888-327-4236)
• CDOT/Colorado State Patrol: While Colorado has limited oversight, reporting creates a record
• Retain copies of all reports

6. Seek Medical Attention

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Get evaluated promptly even if injuries seem minor. Document all medical care and retain records.

7. Preserve Evidence

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• Save all medical records and bills
• Document lost wages and other impacts
• Preserve photos, videos, and communications
• Don’t give recorded statements without legal advice

8. Consult an Attorney

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Autonomous vehicle cases require specialized knowledge:

• Technical understanding of AV systems
• Experience with Colorado product liability law
• Resources to access and analyze vehicle data
• Understanding of Colorado’s modified comparative negligence rules

Challenges Unique to Denver AV Cases

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Winter Weather Liability

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Denver’s winter conditions create specific liability questions:

• Was the AV deployed in conditions it wasn’t validated for?
• Did weather conditions contribute to sensor failure?
• Should the company have known winter operations weren’t safe?
• Were adequate warnings provided about system limitations?

Limited Public Data

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Colorado’s lack of public reporting requirements means:

• No California-style disclosure of AV incidents and disengagements
• Discovery becomes essential for accessing internal company data
• Federal NHTSA investigations may provide some information
• Police reports become critical documentation

Regulatory Vacuum

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Colorado’s hands-off approach creates uncertainty:

• No established safety standards to show violation
• No regulatory compliance framework to demonstrate breach
• Courts may look to California standards or industry practices
• Common law negligence principles become central

50% Fault Bar

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Colorado’s modified comparative negligence creates risk:

• If defendant proves you were 51%+ at fault, you recover nothing
• Defense will scrutinize victim behavior
• Strong documentation of AV malfunction essential to counter fault arguments

Denver Resources

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• Denver Police Department: File accident reports at (720) 913-2000
• Denver County Court: Small claims and cases under $25,000, 1437 Bannock Street
• Denver District Court: Personal injury and product liability cases over $25,000, 1437 Bannock Street
• Colorado State Patrol: (303) 239-4501
• NHTSA: Federal vehicle safety concerns (888-327-4236)

Related Information

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• Seattle - Paired Waymo expansion market with similar winter weather challenges
• Phoenix - Waymo’s flagship market with extensive operational history
• Autonomous Vehicles - Comprehensive guide to self-driving car liability
• Understanding Liability - General product liability principles
• Filing a Claim - Step-by-step guide to the claims process
• Evidence Checklist - What to document after an incident

This information is for educational purposes and does not constitute legal advice. Colorado autonomous vehicle law is evolving, though the state maintains a minimal regulatory approach. Consult with qualified legal professionals to understand your rights in specific situations.