As autonomous vehicles like Waymo become a common sight on American roads and Detroit’s QLINE streetcar continues to run through the city’s core, a local attorney says the law is struggling to keep pace with the technology - and injured passengers may be left with few options.
Lawrence Kajy, CEO of the Kajy Law Firm, says crashes involving driverless vehicles flip traditional legal thinking on its head.
“In a Waymo crash, there is no person. So, you’ve got to kind of figure out what happened,” Kajy said.
Once investigators identify what failed - the vehicle’s sensors, its software, or its physical components - the legal theory shifts dramatically. Kajy said “these claims will go from what are general negligence claims” into complex products liability cases targeting manufacturers, software developers, and anyone connected to the failed autonomous system.
QLINE’s Legal Shield
The situation is even more complicated for passengers injured by Detroit’s QLINE streetcar. Kajy’s firm is currently handling a case involving a client rear-ended by a QLINE train - but the transit authority is invoking governmental immunity, a legal doctrine that sharply limits lawsuits against public entities.
Unlike city buses or other government vehicles - which fall under a motor vehicle exception to immunity - courts have ruled the QLINE does not qualify as a motor vehicle, leaving injured riders in legal limbo.
“If a Q-line hits somebody or is at fault for an accident, they’re going to claim immunity,” Kajy said, and winning becomes nearly impossible. He added that “the only way to bring or be successful in these claims is if you can show gross negligence, which is a very, very high standard” - a bar that eliminates roughly 95% of cases, he estimates.
Kajy said he hopes a future court ruling or state legislation will reclassify the QLINE under the motor vehicle statute and close what he called an unfair gap in the law.
Giving Back: Scholarships for Safe Driving
Away from the courtroom, Kajy and his firm are investing in prevention. In partnership with Motor City Driving Academy, the Kajy Law Firm is offering weekly scholarships to Metro Detroit teenagers for a free driver’s training course.
“From the start of this, we’ve been committed to safer drivers,” Kajy said. “We select one lucky winner every week,” with the purpose being “to make newer safer drivers and to have safer drivers in the future, safer communities, less accidents.”
Metro Detroit teens can enter for a chance to win a free driving school lesson from Motor City Driving Academy at clickondetroit.com .
For more information about Kajy Law Firm and how they can help you with your case, visit 877KajyCares.com.