
The Washington Post reports on one of the biggest unanswered questions surrounding the advent of autonomous vehicles: “who pays for the damages?” While lawyers and insurance insiders are already trying to get ahead of how states and courts rule on the issue, several experts, and even carmakers themselves like Volvo, “expect liability will shift from the driver to the manufacturer,” as the manufacturer is traditionally liable for faulty systems built into a vehicle. A consequence of the shift from personal driver liability to product liability, plaintiffs in injury suits will likely win fewer cases and face a higher burden of proof but, when they do, receive much more in damages. The story mentions that NHTSA’s guidance on autonomous vehicles released last year “worried that sorting out the liability issue might delay introduction of autonomous cars,” but the story presents one expert’s view that automated driving is like high-frequency trading and will be legalized in a similar fashion.
From the news release of the American Association for Justice.