Mar 12, 2021
Advanced driver assist systems (ADAS) have been widely adopted by motor carriers for collision mitigation, automatic cruise control, lane keeping and driver fatigue monitoring, among other functions. Some fleets are now taking the next step forward and testing fully autonomous vehicle technology.
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The shifting of primary responsibility for vehicle operations from a human to a machine – often referred to as SAE Level 4 and Level 5 autonomy – raises unsettled questions for the court system and the insurance industry. Who or what will be liable if something goes wrong?
In crash claims, the legal system has traditionally used tort law or negligence, explains J.W. Taylor, owner of Taylor and Associates, a West Haven, Fla.-based law firm specializing in transportation. Up to this point, any claims and associated damages regarding auto crashes have been tied to a breach of the duty of safe vehicle operations that a “reasonable person” would typically observ