Autonomous Vehicle Liabilities: Assessing Litigation Hurdles Due to Lack of Regulatory Oversight

July 18, 2019 3:00pm

Thomas N. Vanderford Jr.
Associate General Counsel Executive Director, Litigation
Hyundai Motor America (Fountain Valley, CA)

Neal Walters
Product Liability Practice Group Leader
Ballard Spahr LLP (Cherry Hill, NJ)

Gary Wolensky
Shareholder
Buchalter, APC (Irvine, CA)

  • Overcoming litigation hurdles where there are multiple defects with more than one vehicle manufacturer
    • Navigating the unique dynamic and understanding the relationships and roles of each party
  • Crafting the appropriate defenses to litigation related to technologies for autonomous vehicles
    • Driver should have read and understand the owner’s manual
    • Driver is still in control and, therefore, responsible for control over the car
  • Exploring the scope of plaintiff’s claims: 1) technology should not have been in the vehicle 2) technology made no appreciable difference 3) the technology failed
  • Anticipating NHTSA’s response to the current technological advances
  • Understanding the impact of state laws regarding autonomous vehicles