by KPMLAW | Feb 23, 2016 | KPMBlog, News, Uncategorized
Written by Lauren Gibbons, Esq. Edited by Janeen Koch, Esq. Although the autonomous vehicle was merely a cartoon concept when “The Jetsons” aired on television over 50 years ago, the time of the autonomous vehicle has finally arrived. While fully autonomous vehicles are not a common mode of transportation just yet, their operation is not far into the future. Currently, several major car manufacturers have implemented automated features (i.e. automated parking and automatic emergency braking) which puts technology well on the road to fully autonomous vehicle operation. These technological developments pose major questions for liability analysis in motor vehicle collision cases. There are countless motor tort cases filed, settled, and/or litigated every year. These cases generally center around the legal theories of driver negligence, contributory negligence, and assumption of the risk, which are all dependent on human perception, acts, and/or omissions. Based on the evolution of fully human-operated vehicles to computer-controlled vehicles, it is inevitable that the auto tort litigation process will drastically change from the current system we have now. Several states, including California, Florida, Michigan, Nevada, North Dakota, and Tennessee, and Washington, D.C., have already enacted legislation addressing the use of autonomous vehicles. These laws, however, seem to avoid acknowledging partially autonomous vehicles and the liability implications that stem from hybrid human-machine operated vehicles. On May 30, 2013, the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation issued a preliminary report about automated vehicles. National Highway Traffic Safety Administration, Preliminary Statement of Policy Concerning Automated Vehicles (2013). The NHTSA is constantly updating this Statement as a guide for development of standards and regulations...
