Advanced vehicle control systems, including autonomous functionality, present novel liability considerations for the auto industry. While current law provides a useful framework to assess manufacturer liability, things may change as the “human error” factor is effectively eliminated as an overwhelming cause of vehicle crashes.

In my recent Bloomberg law article, “Advanced Vehicle Control Systems & Human Error,” I discuss how increasing automated driving functions have created new legal challenges to manufacturers, as consumers claim vehicle malfunction or failure-to-equip, rather than human error, is a much more likely cause of crashes. Using examples, I examines how consumer expectations—a barometer for determining liability—will largely be shaped by our collective acceptance and understanding of the technology.

Reproduced with permission. Bloomberg Law, Copyright 2021 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bloombergindustry.com.

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Photo of Michael R. Carey Michael R. Carey

Michael Carey is trial lawyer with experience in complex commercial litigation and products liability defense. With his creative and authentic approach to jury presentation, Mr. Carey has taken numerous cases to successful verdict in state and federal courts across the country. In addition…

Michael Carey is trial lawyer with experience in complex commercial litigation and products liability defense. With his creative and authentic approach to jury presentation, Mr. Carey has taken numerous cases to successful verdict in state and federal courts across the country. In addition to his trial work, Mr. Carey has defended and prosecuted appeals before the Minnesota Appellate Courts and the Eighth and Ninth Circuits.

In addition to his trial and appellate practice, Mr. Carey serves as co-leader of the Firm’s Mobility and Advanced Transportation Team. He counsels mobility industry clients on proactive risk mitigation strategies relating to Automated Driving Systems (ADS) and other advanced automotive safety technologies. He is also frequently called on to publish and present on legal issues and advances in this emerging field.