Breakout 4: What Happens Next: AV Crashes, Curbs, and Laws

Breakout 4: An AV Crashes: What Happens Next?

Tuesday, July 11, 1:30 PM – 5:30 PM
Continental 2

Organizers:

  • Karlyn Stanley, RAND Corp.
  • Ellen Partridge, Environmental Law & Policy Center
  • Cal Andersen, FHWA, USDOT
  • James Anderson, RAND Corp.
  • Todd Benoff, Alston & Bird
  • Ryan Gammelgard, State Farm
  • Don Slavik, Slavik Law Firm
  • Dorothy Glancy, Santa Clara University School of Law
  • Ryan Harrington, Exponent
  • Austin Hensel
  • Nira Pandya, U.C. Berkeley Law School

The goal of the session is to better understand what will happen immediately after an AV crash. A panel of experts will use multiple AV crash scenarios to offer perspectives on this new topic. We will hear from law enforcement, insurance experts, products liability lawyers on the plaintiffs’ and defense side, transportation policy experts, and expert witnesses in automotive engineering. Topics will include how each of these different disciplines will use the new kinds of data that AVs provide, as well as the impact of this new technology on existing liability laws. We will assess all the stakeholders and their roles and consider their first steps after an AV crash in two lively, interactive panel discussions using different crash scenarios.

Agenda

1:30 PM – 3:00 PM Scenario 1: A dark and stormy night, a rock slide, ice, and the AV goes over a cliff: What do stakeholders need to assess liability?

Moderated by Karlyn Stanley, RAND Corp.

Panelists:

  • James Epperson, California Highway Patrol
  • Carl Andersen, FHWA, USDOT
  • Ryan Gammelgard, State Farm
  • Todd Benoff, Alston & Bird
  • Don Slavik, Slavik Law Firm
  • Ryan Harrington, Exponent

The panel of law enforcement, insurance, product liability, transportation policy, and crash reconstruction experts will discuss and debate their answers to questions produced by the scenario, such as:

  • How will insurers, product liability lawyers, and expert witnesses use the new kinds of data to determine liability?
  • How will law enforcement deal with an AV crash as a first responder?
  • Who is responsible for that missing guardrail?

3:00 PM – 3:30 PM Break

3:30 PM – 5 PM Scenario 2: A car rear-ends a vehicle that is stopped at a traffic light. One vehicle is a Level 4 AV driving within its Operational Design Domain. The other is not an AV—it is operated by a human driver. How does the liability scenario change, depending on which is the lead vehicle—and other factors?

Moderated by Ellen Partridge, Environmental Law & Policy Center

Panelists:

  • James Epperson, California Highway Patrol
  • Carl Andersen, FHWA, USDOT
  • Ryan Gammelgard, State Farm
  • Todd Benoff, Alston & Bird
  • Don Slavik, Slavik Law Firm
  • Ryan Harrington, Exponent

The panel of law enforcement, insurance, product liability, transportation policy, and crash reconstruction experts will discuss and debate their answers to questions produced by the scenario, such as:

  • How does law enforcement interview two kinds of witnesses—the human driver and the data collection devices on both vehicles? What if they conflict?
  • How does V2X change the liability picture for the different vehicles?
  • What if the human driven car is stopped at the intersection and the AV causes the crash when a hacker takes control?

Breakout 4 / 25