Overhyping Mass Torts for Autonomous Vehicles: Why Preempting Civil Tort Liability is Unwarranted

Publication Title

Journal of High Technology Law

Document Type

Article

Publication Date

2021

Abstract

After decades of innovation and technological development, autonomous vehicles (AVs) have nearly arrived. Though AVs could create safer roads overall, these technologies will continue to pose risks and hazards in a potentially inequitable way. Under the expectation of profuse personal injury liability, commentators have recently recommended the federal government consider preempting many state tort law claims against AV developers and install an administrative compensation fund for injured victims. This article will dissect the arguments favoring tort preemption and administrative funds, finding them grounded in speculation and insufficient on normative grounds. At this juncture, the low probability of mass torts posing an existential threat to AV developers  cannot justify the marginal upsides of a virtually exclusive compensation fund, which itself may disincentivize safety initiatives for AVs.

Recommended Citation

Walter G. Johnson, Overhyping Mass Torts for Autonomous Vehicles: Why Preempting Civil Tort Liability is Unwarranted, 21 J. High Tech. L. 321 (2021).

Volume

21

Issue

2

First Page

321

Last Page

353

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