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In an article published on 5/27, Segal McCambridge Shareholder Geoffrey Leskie discusses how the era of autonomous trucking will bring about a shift in how accidents are litigated. Currently, lawsuits typically focus on the driver’s alleged negligence and the motor carrier’s potential liability. However, with no human driver present, the legal focus is likely to shift toward product liability claims.
“In addition to more traditional negligence claims against the motor carrier, [plaintiffs will] begin to target the manufacturers and developers of the autonomous systems, alleging defects in design, manufacturing, or failure to warn about potential hazards,” writes Leskie. “Complicating this litigation is that it is unlikely that autonomous trucking companies, now and in the future, will be completely vertically integrated.”
Leskie says that such litigation will become more complicated thanks to the massive amounts of data generated by autonomous systems. Product liability attorneys must become more adept at navigating data privacy as well as stay abreast of regulatory developments at the federal and state levels.
“The presumed shift away from the driver-centric litigation of today towards a framework that borrows heavily from products liability litigation introduces new complexities, and legal professionals must adapt to these changes by enhancing their understanding of the technologies involved, refining and appreciating the applicable contractual agreements, and staying informed about regulatory developments that could impact accident litigation,” he writes.
Read the story in full; click here (subscriber-based).
