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Driver liability unsuitable for AVs, but legislators should go slow

Strict liability could prove a sensible starting point for liability legislation in the age of the autonomous vehicle, but governments should avoid knee-jerk reactionism

There can be little doubt that the March 2018 self-driving Uber crash was, in part, a result of technical shortcomings of the vehicle. The dash-cam footage of the crash leaves little room to suspect otherwise – Elaine Herzberg, the victim, is clearly seen wandering in to the path of the car some seconds before impact. What’s more, preliminary findings from the National Transportation Safety Board (NTSB) conclude that whilst it failed to categorise Elaine Herzberg as a pedestrian, it was aware of her six seconds before the crash.

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