Autonomous Vehicles and Liability Law
María Lubomira Kubica · The American Journal of Comparative Law · 2022
Mobility provided by autonomous vehicles (AVs) has become a trending topic in modern society, an object of debate all over the world.1 Experts estimate that the introduction of “self-driving” or autonomous vehicles onto public roadways will result in as much as an 80% to 90% decrease in accidents.2 These estimates reflect the fact that over 40% of fatal crashes presently are due to alcohol or drug consumption, distraction, or fatigue. The remaining accidents happen because of speeding, aggressive driving, overcompensation, inexperience, slow reaction times, inattention, and various other driver shortcomings. Consequently, human driver error accounts for over 90% of all accidents. AVs, on the other hand, neither drink nor write text messages when driving. They employ a program precluding them from breaking traffic laws. They have faster reaction times and can be optimized to ease the flow of traffic.3 It will be some time before fully autonomous vehicles are available in the market.4 Even then, conventional vehicles (CVs) will not suddenly disappear from sales and public roads. We will have to deal with a long transition period during which vehicles of all types will coexist until fully automated cars replace CVs entirely. To this panorama should be added cyclists, motorcyclists, and pedestrians, all of whom can also become the cause or victim of an accident. The result will be an evolution of the traffic mix and the occurrence of mixed accidents taking place throughout the transition period until the total dominance of fully automated cars.5 The current approach in the United States to liability for a car accident is to place the burden of paying damages on the human driver, since it is the driver’s conduct that led to the accident. More specifically, U.S. states generally follow a system that merges compensation through first-party (the injured party’s own) insurance together with the ability to bring a traditional fault action in torts, although this can vary from state to state. No-fault legislation in a minority of states (twelve) largely limits victims’ claims to their own insurance. Only in exceptional cases, when the monetary or serious-injury “threshold” is met, can the victim in these states take advantage of the general negligence action to recover non-compensated losses. Most states, however, allow injured parties to bring a tort claim against the negligent driver without such limitations. While claims against the car manufacturer based upon the sale of a defective product are possible, in practice they are rare since driver error constitutes the main cause of almost all accidents (90%). Indeed, car defects account for as little as 2% of the total number of accidents.6 (While defects that impact the extent of injuries in an accident, so-called crashworthiness, might produce products liability claims, this is not particularly relevant to the concerns raised by liability and CVs.) The main problem of this approach in most countries, including the United States, is that it only considers conventional traffic in which the vehicle is under the total control of the human being.7 This will no longer be the case in accidents caused by fully autonomous vehicles. Yet different issues arise when control of the vehicle is divided between a partially autonomous car and a human being. Numerous experts in the United States have suggested that the introduction of AVs should be preceded by the adoption of a or a of liability for accidents caused by The most in such is will be are the the the the the the driver, the the insurance or of the for the accident be on the the to claims based upon product The will be in the case of partially autonomous it is for to the human driver for to the available in the liability is to the of and is topic to the of AVs that has by U.S. It has as most for autonomous The problem is that the of the autonomous which or partially replace the the of from a number of to the of an the of traffic to be for the of traffic to be and and for autonomous vehicles to in are to between AVs and other AVs in their and between the autonomous vehicles and an to the and control the of the these are also to types of and the different to allow the of and and the problem has The is not to or to that and not the of on the of the and might their and this in it is to in between and in to the of to the of the that the from it to the on AVs in of This different of to the to this approach in which some for the transition of a the of automated vehicles and the of of Consequently, are in the United States in by and in of a in the The between of The vehicles from to with the no all and the in or the other on the in which and are and to which extent the can without human and this is in all The and the extent to which the autonomous are can be partially by the the United States, the in this is the of the is the in which the to the as the most and the vehicles The main is to the of vehicles as it long that the become an not only in and on AVs, also in autonomous U.S. in this because of as a result of which the on AVs for a number of with the of The the in by in the that The has by in of or for not to in the United States, the of vehicles and the of the of state The that states not for the public of AVs until is the has that public of AVs by in automated and their to that no legislation is for AVs to be on Even in the state to autonomous by and most states have and have to autonomous vehicles. no in this to and state on autonomous vehicles. all to the and of AVs on public roads. for that has a to autonomous that the state not or the or of autonomous in vehicles on public and that a a driver an autonomous vehicle in autonomous of states the to and the of autonomous that the state not or the of autonomous the legislation to for on and for an autonomous including the of an without a driver The legislation the to such an and a driver can or the autonomous the the of has from the of AVs on their This of state legislation to autonomous vehicle to the impact of state on their a of the and on and in that they a that the of state might have on the of the some on state legislation from the public by the that these to to and state over AVs, and the by public and state to some or that take account a approach in the of and Consequently, the and the of and state in of the most and issues that to be by the The on the in of for it the to vehicle and vehicle states are for the human driver and most other of vehicle insurance and liability The main of the as in is to a and for AVs as to the of to their and To this in the a with the of to the of the This with the of and to the and of AVs and other vehicle The by the is to between different state and a approach to of the with this the states are to their and the of although not the for and the and of AVs onto public a the for by the in that the to a and to traffic and that as to the of to the that states, it is not should not and by the that only vehicle can and autonomous vehicles. other that with and state on the and of AVs should be the of in the state. for traffic and these should neither nor the or introduction of AVs on public for that a human have on the a the on of AVs with to of have in for state although the has that it not states to and are to only states that are of or are in the of this the to has by as an of the on automated vehicles to a between public on the hand, and in automated on the other the by and automated that to crashes should be against the of and vehicles in the long To such a not be due to the of and in this While on for AVs, the for the of without of the of the of automated vehicles onto public and their with conventional and other public the has that the of AVs onto U.S. public not of the with the from the and and the United States of in to upon public in these The states that the U.S. will take all the to that not claims or the public the and of for claims to vehicle or of the on the of AVs can the to by in the of the between autonomous vehicles and autonomous as these different for to by a from the autonomous when can only to vehicles in which that the in of by the without the to with the or This to by the autonomous vehicles and the from to autonomous vehicles. autonomous vehicles with the or other vehicles to or to they have autonomous vehicles might be as autonomous vehicles in this for they are not with or control messages from the the vehicle is the vehicle and is not with an autonomous by as under can to as they are to a that is to the to that in on the hand, public on AVs on the will the on AVs, with the of some on the and of These are and has as the to control and that with the to their the of this can be as the vehicle as a of and an to control over the is will when will will and with as as can or and will in the a are to and to the of of to to to to or and when to for as as to a conventional car or an autonomous The of is by and to be which that an is a that that or The of in AVs, that is to an or such will largely on and it the with the of by an a that can be as an or for the the such a be the and with the This to is under U.S. by tort and to is the of AVs to with their of which to this because a is a that that might be and from or that since has the in the United States by the to This a state vehicle from of driver and vehicle that the of a is that AVs should be to allow the of when from to the with against is provided for in the of to the U.S. The that allow the of by the fully and of these for autonomous vehicle the hand, they have to as to the in autonomous vehicles a in due to the fact that it will no longer be to or in of these concerns for the U.S. in United States it that it is in a is to to the to AVs will become the of a of some of when to a might be as and and the autonomous vehicle in as as are some of the types of that be in the by of this will of the and To the with the vehicle will be the of when such vehicles will be rare and the of an on the be to The that can with can be of different to We will it for and can or their by with to the This is of and to and as it can to and or also an to be and by the U.S. or be by to an or particularly the also other of an such as and and on a a an or with a for be based on by This has not by the U.S. in United States in will be the of which little to to the the the the the the the the the the or the and on and This is without that be from the of a with the vehicle or the vehicle with a in the driver’s such as the from by AVs can be with other this to and the in a the is to be as and to in Consequently, this is the be to as the will be to The by AVs will to when or to The under or to without to the in the is by other the such cases, neither a nor cause is when they be the by the of the This is because have a of in to a and without such an is no or the for a or of that this of of traditional to to a of the have a of with under they the case or to the of United States a to and however, a for the of without to the The in of to the an in based on the of between a and of such as in a public a car is a and a that on a in public over a period of of such and of will not be a under the and that be from the by will allow the of that in the of the should be by a the is not the only in which the has The of vehicles has only the the long and to the in which almost all are by to This is by the of in United States when states that be to the that an has no of in to in the to the traditional which considers a of and that the not a modern in which is no longer for to be and the of is due to and current of these have led some to take the that the should be and that should be to a to to have to other for the including the fact that the has the state states the in their to that they might in the however, some which that a of the is not as it a to of the should be for when to or The should only be in the not with other other to parties should be no the other hand, that is not or is by parties as a result of should be by the of this to a should upon the in the of the the of and public to the on to of the to the without with the from is based on an of available the and the of and to and to a between different the is to an automated system that is to the of the the is with a human being. the is not as long as the is to the This in has not account by the with automated as they to human as a as they much the and of the to the and of The by in in United States when that that the be and the to that of is of available a such a of whom the in to the between and in a that is to different and The is to an through to the of the the of AVs, to a of conduct to or to a This happen for of the be to the which the to with traffic in the in the of of is to with through the of the other hand, the and of and and It result in a to car as from the by The main between and is the whom it is in the it is a in the it is an or can also of a that be as an of control over this in the of vehicle without a to be by the U.S. in United States This of will on the autonomous vehicle is or The due to main and to an and other vehicles and not by and to the of the autonomous vehicle and as as to the of the in the case of autonomous vehicles be as the of to an the vehicle to a the of available on the system the vehicle be by with to this be by and other laws. to in a autonomous vehicle cause and a this of has by as that which a of ability to or by or the for the of and which the the of an of an the of and the of the will or will not with the The to which the by is for most and not to in the of the vehicle and the driver are for these and by can have as not only for also in the for and are to and of the are a a that be through a this the by in in is as the most the United States, this has long by general such as has as an for in the case of by the and has also by the with to the by in as a for by can be to the has as a and much to in The main of is to and and The is to a that and the of the and of and such to be a and on for different no the for the of the of will the limits of as not be to with their of should and the of compensation or to a the of an period of is not to the current to and the the of is the main the of an approach to in an a traditional for AVs a and that and the car these vehicles will the of different and issues in AVs will be of an their such a should be the This should be to a of through or by with between the that of the such a the the the the of and and of over and as as the of other should be in the of the States and also a in this although this be as it is to most of the to the for the this and of legislation should take account the of the U.S. Most also to on the in the case of a of the by autonomous and liability are to be and the most issues to the of autonomous vehicles. all to them although some to issues in the a by an approach that account and the issues to of the that the to be in accidents should be the and the extent of the liability should vary on the of the and that the To this the between and as as between and vehicles. vehicles are that and of their to the extent the can take over control of the vehicle the on the and the of by the this to so-called automated vehicles or cars with an of or vehicles with the to this of as vehicles which to the and of without the that is to the car on a vehicles their of of or ability to the and take control of the for can the by that the are or the to The between and vehicles with between and AVs the case of the of the and the of the are to the possible, the vehicle to a This to the of under which liability damages for accidents caused by a upon the the for the caused by the of this of vehicle and will the of such accidents to the insurance liability to be for the of and over the that the of which the the time limits by by the vehicle with the it to a product liability to some accidents caused by this of a to the of a to the of traffic and The manufacturer follow of and it the is for the accident caused by the as with the a liability for which is on the that vehicle from the manufacturer is The liability be and to the accident to the of neither nor is to the liability of also the of compensation by as the and has by the on the the will be of with the by AVs of is of the that this is the of liability a that has to be to liability issues other and it be of when to autonomous to liability is of the of autonomous as it and control and the of and in the vehicles will to and that claims will the that negligent vehicle will the as the is to because of of by the and U.S. manufacturer can be by of product The the victim to claim damages in different for and to The will the when a product not with or in case an accident (the so-called defects can be as in which of have or by of a To the of this the employ different the and the claim will be when the manufacturer to with to to the product will to the the liability for accidents caused by AVs on of traditional product liability that to will no longer in vehicles because no to the autonomous driver is in most cases, the and of autonomous vehicles will it to the cause of the accident the it a or other or be the in this case of of a in which that should be public the of should for the also that for a from product liability to liability of AVs which be through of or through traditional negligence tort with a first-party liability under the of also might be to liability upon the of an This is to experts on tort liability for the of in the United States, however, are to with the and them as also in this to for the liability caused by a vehicle in autonomous should with the it to the driver is to by of this on the of driver and ability to the accident. manufacturer be in the of the in case of and for of against of to product of or of state tort by this of that a product the of a product some or all of the for that them from of the for the to be (the and the and the and it to it should be or state and it should the manufacturer or some have suggested an to the liability on the of to deal with accidents caused by AVs in that they and from their human and these have of or of the most in the of liability for accidents caused by AVs from approach can be as as it the and tort in in most of the states with The is the that of the approach to liability for accidents caused by AVs have not fully the largely the most tort This is because with the of AVs, the of will in based on the of human will become and Consequently, to it is that in the will the of the a of AVs will be and by a this in which a fully system car of the to it will be the system that the This that the of the be since the of be through for the can tort The by tort and to caused by AVs, the or of the be from to in a that the of AVs, when in is as as traditional also it to deal with the tort to of the to of the in This be to when the insurance to a for the based on to the to the of with the of state tort The is to a state tort that be the of automated in be to the and take account the tort and of the of These be in with the tort in a of the states, with the result that also the tort in most this of claims based on state tort only by the minority of states, the without the the under this state tort to a in be in the autonomous vehicle the manufacturer to tort liability only for crashes caused by products of the system due to error or liability with an the to a or to for of the vehicle products liability or the to and when the vehicle and system negligence manufacturer also be to tort liability for not with the to deal with liability from accidents AVs from and the that the of AVs will be to an period of time in which they coexist on with conventional vehicles and partially automated To and the of the manufacturer to the system of This the current liability and insurance only when the of AVs or then, the traditional tort including product liability in for all types of accidents. the is the system accidents AVs, the accident also a and a negligent of an by a human the conventional tort system only to accidents The for of state legislation and it to and the of of to the as as to pedestrians, motorcyclists, and other for injuries of the of an The is an since an accident caused for a or will not for the compensation under the as it will not be to have of the of an The between and be not in this not and that the practice of insurance is the in cases, to no or Indeed, they product liability of for injuries be to the This not to in which the injuries caused by for by the to the or to or from negligent with a of This also to the in in which for some is to when an and for liability for The manufacturer has control over an the is only the the manufacturer is in the to to in the system as to accidents and liability for accidents will the manufacturer to the of the system and the of the manufacturer can the of the accident the be an and liability in tort for injuries of the of an injuries under current products liability because they from or This be to be to damages from the manufacturer or conventional tort when a caused an accident for through a on or when the of the vehicle has it in a that an it to and and to in compensation for for should be available to be to should be to a of for or to for should be to the or of a in an accident. This also should be to a that is a of the or and to the all the in of should be to of an a the case of mixed are a driver or is injured in an accident with an or an is injured in an accident with a or and that in the the the to with the manufacturer with the for accidents in the for the The and as to the Consequently, they for a of the of to claim damages from under negligence liability and a to an system as long as such be and they that be in negligence to for not by of in the of it to based on should be based on the and of for The for insurance in such as negligent to the injuries caused by a or the in a claims be with the insurance that a from the for the of such a claim or partially be by an in state and be to a with is in accidents caused by manufacturer or the of a to of the product liability as in this and led to to as and liability of the and the the with liability on can such as a insurance program with a on the in should be by the The have fully insurance by for the manufacturer a to the insurance The be only the that the be and between and insurance of for The for such a in the by the AVs, to that of the is also the of the of cars should be the or state or to the the of the in the of AVs and the of the problem it almost for the to the Consequently, in a the for automated vehicle the upon the of the of between the and the states in the of the that and tort liability have a on of and their of of and the States and other U.S. the of these manufacturer should be to on a different to state the States to allow to the of and The however, also that States their traditional for vehicle and traffic and and vehicle insurance and liability the the states that be to a to liability and insurance issues and to the This has not by some that such a be and as a result not only to in a that is also to on the of the be of for the This be a that only be in a long