Eric Cheng
87 Geo. Wash. L. Rev. 973
Automobile accidents in the United States account for thousands of deaths and millions of dollars in personal injury and property damage claims every year. Because human error is the overwhelming cause of these accidents, the development of autonomous or self-driving vehicles is a valuable and inevitable contribution to the well-being of society.
Tort liability in automobile accident litigation has long been based on legal principles of fault. When computers begin to drive cars, where does the blame fall and who pays for the injuries? Current state liability frameworks for automobile litigation need to be modified and supplemented with federal requirements in order to provide an equitable solution for allocating risks, costs, and responsibilities in a driverless environment. Although the continued use of personal fault-based liability schemes from state to state is ideal in the near future, once self-driving cars share the road with human drivers, certain no-fault liability systems must be removed to avoid abuse and inconsistency.
Outside of personal injury lawsuits, a federal mandate for automobile manufacturers’ products liability insurance would balance competing interests in protecting consumer interests and promoting technological and commercial development without the stifling burden of endless litigation.
