ABSTRACT
The introduction of autonomous vehicles (AVs) onto the nation’s motorways raises important questions about our legal system’s adaptability to novel risks and incentive problems presented by such technology. A significant part of the challenge comes in understanding how to navigate the transition period, as AVs interact routinely with conventional human actors. This paper extends a familiar multilateral precaution framework from the law and economics literature by analyzing interactions between algorithmic and human decision makers. My analysis demonstrates that several familiar negligence-based rules (for precautions and product safety) are able to accommodate such interactions efficiently. That said, a smooth transition will likely require substantial doctrinal/legal reforms in certain states, as well as a more general reconceptualization of fault standards across all states – not only for AVs but also for for human actors themselves.
Eric Talley, Automatorts: How Should Accident Law Adapt to Autonomous Vehicles? Lessons from Law and Economics, Hoover Institution Working Group on Intellectual Property, Innovation, and Prosperity, Stanford University, January 8, 2019.
First posted 2019-02-01 06:47:17
Leave a Reply