Autonomous Technology

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Trending Up: No Hands, No Excuses

With the release of NHTSA’s new Automated Vehicle Framework (AVF) in April, manufacturers of autonomous systems can see a more straightforward—if more arduous—path forward. The Framework aims to harmonize federal standards, streamline crash reporting, and formally extend the Automated Vehicle Exemption Program to U.S.-produced vehicles.

As more vehicles move into SAE Levels 3–5, liability and consumer attitudes in product liability continue to evolve. When something goes wrong, both plaintiffs and regulators are more likely to scrutinize the underlying technology and the entities responsible for designing, testing, and maintaining it. That means more litigation grounded in product liability and software defect claims, and more pressure on OEMs and suppliers to comply from the outset.

Trending Down: The Privacy Hurdle

Continue Reading Trending Up/Trending Down: Advanced Mobility

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Dykema’s Automotive Industry Group, a four-time recipient of Law360’s Practice Group of the Year for Transportation, is pleased to announce the release of its 3rd Annual Automotive Trends Report. This comprehensive analysis offers critical legal insights into the dynamic challenges and opportunities shaping the automotive industry in 2025.

Based on a survey of Original Equipment Manufacturers (OEMs), suppliers, and industry decision-makers, this year’s report delves into:Continue Reading Dykema Releases 2025 Automotive Trends Report: Navigating Industry Transformation Amidst Regulatory Shifts, Tech Advances, and Supply Chain Strain

It’s been several months since we surveyed top automotive executives and insiders on the major legal issues facing the industry for our 2023 Automotive Trends Report.

As the automotive world continues to evolve and navigate a shifting legal landscape, we look at some of the major themes driving it forward… and the ones that might be in the rearview mirror.

What’s next in the dynamic world of autonomous vehicles? Clay Cossé and Mark Malven dive in.Continue Reading 2023 Automotive Trends Check-In: Trending Up or Trending Down? Spotlight: Autonomous Vehicles

Are autonomous vehicles safe? Are they safer than vehicles driven by people? Is one type of autonomous vehicle safer than another? Last week NHTSA released the data it gathered over the last year pursuant to last summer’s Standing General Order requiring autonomous vehicle manufacturers and operators to report crashes in which autonomous driving systems were in use. NHTSA reported separately on data involving (a) advanced driver assistance systems (“ADAS,” i.e. SAE Level 2) and (b) automated driving systems (“ADS,” i.e. SAE levels 3-5). What’s the upshot from NHTSA’s data drop? Well, it’s complicated.
Continue Reading Are Autonomous Vehicles Safe? NHTSA Releases Murky Data on 2021-2022 AV Crashes

On March 10, 2022, Deputy NHTSA Administrator Steven Cliff signed a “first-of-its-kind” final rule revising occupant protection standards for automated vehicles. The rule “updates the occupant protection Federal Motor Vehicle Safety Standards [“FMVSS”] to account for vehicles that do not have traditional manual controls associated with a human driver because they are equipped with automated driving systems [“ADS”].” This is essentially NHTSA’s first attempt to address the effects of vehicle automation on crashworthiness systems.
Continue Reading NHTSA Issues “First-Of-Its-Kind” Final Crashworthiness Rule for Automated Vehicles

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In early September, Dykema’s Jeff Cox and Dommond Lonnie served as moderators for the DRI’s Strictly Automotive seminar, joining fellow automotive in-house and outside counsel to discuss trending topics in the industry. Jeff’s session, “The Future of Alternative Fuel Vehicles is Already Here,” included a high-level discussion of alternative fuel vehicles, including hybrid, fully electric and hydrogen fuel cell designs, with an update from manufacturers on their short-term and future development, new technology, EV recalls, and a discussion of ways to best defend an EV case at trial. Dommond’s session, “The Future is Electric,” discussed how the Biden Administration’s Infrastructure Plan and other developments in the legal landscape are poised to drive widespread acceptance of EV technology.
Continue Reading The Future is Electric

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On June 29, the National Highway Traffic Safety Administration (“NHTSA”) issued an order requiring autonomous vehicle and advance driver assistance systems manufacturers and operators to report serious crashes within a day of learning of them.  The order applies specifically to manufacturers and operators of vehicles equipped with SAE Level 2 advanced driver assistance systems (ADAS) or SAE Levels 3-5 automated driving systems (ADS).
Continue Reading NHTSA Requires Reporting of Autonomous or Assisted-Driving Vehicle Crashes

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On April 30, 2021, SAE International updated its “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles,” labeled SAE J3016_202104. This updated version cancels and supersedes the June 2018 version, labeled SAE J3016_201806. Its basic framework remains intact with six levels of driving automation, ranging from no driving automation (Level 0) to full driving automation (Level 5).
Continue Reading SAE Updates J3016 Standard for Automated Driving Systems With More Clarity and New Terms and Definitions

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As first reported by Reuters on April 22, Sens. Gary Peters (D-Mich.) and John Thune (R-S.D.) had recently released drafts of an amendment that would allow the National Highway Traffic Safety Administration (NHTSA) to exempt 15,000 self-driving vehicles per manufacturer from safety standards that were written for human drivers. Within three years, that figure would rise to 80,000, and after four years, manufacturers could ask NHTSA to increase exemptions beyond 80,000 vehicles. At this time, NHTSA only allows exemptions of up to 2,500 vehicles per manufacturer.

In a statement, Sen. Peters said the amendment would “ensure that the innovation and testing around autonomous vehicles can continue happening safely under the watchful eye of the Department of Transportation.” The Senators had planned to attach the amendment to “The AI Scholarship-for-Service Act,” a bill providing $100 billion for science and technology research and development with the aim of maintaining U.S. competitiveness with China.
Continue Reading Proposed Amendment to Advance Self-Driving Cars is Postponed Amidst Rising Safety Concerns