Open Access. Powered by Scholars. Published by Universities.®

Transportation Law Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Miami Law School

Autonomous Vehicles; Transportation and Travel (General); Motor Vehicles; Motor Vehicle Transport; Science

Articles 1 - 1 of 1

Full-Text Articles in Transportation Law

Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman Jan 2023

Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman

Articles

This article suggests that legislatures amend existing law to create a new legal category of "computer driver" to allow a plaintiff to make a negligence claim against an automated vehicle manufacturer for loss proximately caused by any negligent driving behavior exhibited by the driving automation systems which it produced. Creating this new legal category will allow a status quo approach to attribution and allocation of liability, including permitting defendants to take advantage of contributory negligence and comparative fault rules. Creation of the category also allows for continued functioning of the structure of our existing liability laws and regulations for motor …