As we get closer to common use of driverless cars on our roads, our state and federal laws will need to keep up with their integration, but among the many questions we face is where we will handle these legal changes, whether at the federal level, state legislatures, or within court systems.
While a federal nationwide standard for driverless cars would be less complex than having various state laws, there is also a danger to consumers when federal law is able to override or pre-empt stricter state laws, especially when state laws can vary so greatly. For example, Florida reacted to driverless cars by allowing anyone with a driver’s license to operate them and gave immunity from liability to the companies which manufacture them, while California responded with strict laws which require a human driver and limit technology to “testing purposes.”
Furthermore, because federal law can pre-empt state law, corporations can attempt to use their federal compliance to avoid accountability at the state level. When it comes to federal regulations for driverless cars, should they pre-empt legislative and judicial efforts at the state level to hold corporations accountable for product liability or negligence? If federal law does pre-empt state law in this area, the problem is that consumers will end up paying the costs of accidents involving driverless cars: accident-victims will pay via lost wages and uncompensated medical expenses, while everyone else will pay higher health and auto insurance premiums.
Meanwhile, auto manufacturers which aren’t held liable for defective design in their vehicles would have less incentive to identify and eliminate these defects – leading to more accidents – and accident-victims would not get the justice or compensation they deserve.
If you or a loved one has been injured in a car accident due to negligence, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
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