By: Ashley Mitchell
I. Introduction
In March 2018, an Uber fatally struck Elaine Herzberg.[1] This accident was extraordinary because the driver was not operating the vehicle at the time of the crash; it was in autonomous mode.[2] This tragedy raises many questions about the future of cars without drivers. For now, Uber has removed self-driving vehicles from the roads.[3] But as we look to the future of cars without a driver, we must ask: what is the insurance liability when a crash occurs?
Every 5 seconds there is an automobile accident and ninety-four percent are caused by human error.[4] Auto accidents can cause property damage that is costly to repair, and bodily injury, which generates medical bills.[5] Auto insurance covers the cost of property damage and bodily injury and is mandated in forty-nine states.[6] Highly automated vehicles (HAV) are designed to eliminate drivers and rely on an automation system, subsequently reducing human errors and the number of auto accidents.[7] Yet, it is unclear if insurance will cover the cost of damages or if the manufacturer will be held liable when a highly automated vehicle is involved in an accident. Legal liability is one of the biggest obstacles to widespread utilization of HAV technology.[8]
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