Useful Data for AV Crash Liability, Miller Canfield
Directory of Licensing, University of Michigan Office Of Tech Transfer
Will the introduction of connected and autonomous vehicles (CAVs) result in a departure from the traditional presentation of a “design defect”product-liability case? To answer that question, we analyzed the current landscape of tort liability across the U.S. by looking at state and federal courts’ interpretations and applications of the Restatement (Third) of Torts, Section 2(b), in the context of highly complex technologies and software-defect allegations. Notwithstanding that the Restatement (Third) has not been formally adopted by all jurisdictions, it overwhelmingly reflects the main current in American law relating to traditional design-defect cases.
Using the points of data that were harvested by the event data recorder in vehicles that were on the market as a starting point, we will develop a list of additional points of data relevant in an accident reconstruction of a CAV crash scenario, and present that list in a white paper on Useful Data for Autonomous Vehicle Crash Liability.