Autonomous Vehicle Liability Cases: The Way Forward

By Elsa Bullard and Tess Godhardt (September 13, 2022, 5:29 p.m. EDT) — Tesla Inc. was the subject of a proposed class action lawsuit last month over “phantom braking” issues allegedly occurring in its vehicles in autonomous driving mode.[1] But traditional product liability litigation involving self-driving vehicles has been rare so far.

Level 2 Autonomy – partial automation where the vehicle has combined automated functions, like acceleration and steering, but the driver must remain engaged in the driving task and monitor the environment at all times[2] — was first introduced in commercial vehicles from 2015.

But only a handful of cases alleging product liability theories against audio-visual technology have been filed since then. And…

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