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Strict Liability for Driverless Cars

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.


Most personal injury claims for auto accidents require the plaintiff (the victim of the accident) to prove that the accident directly resulted from the other party’s negligence, such as violating traffic laws or distracted, intoxicated, or reckless driving. When a “driverless car” is involved, however, the complexity of the car’s programming, coding, and “decision-making” may pose a variety of legal challenges as driverless vehicles are slowly and gradually integrated into our societies.

Some are arguing that we should impose “strict liability” on auto manufacturers for driverless vehicles which contain defects that could result in serious injury or death for their users, regardless of how complex their programming may be. If the programming’s complexity was a viable legal defense, then manufacturers would have an incentive to make driverless vehicles more complex rather than simpler to avoid legal liability for accidents. This, in turn, would discourage consumers from using driverless vehicles because they would lack any reasonable expectation of safety as well as legal recourse for a defect which results in an accident and injuries.

While some manufacturers could potentially be discouraged by strict liability (rather selfishly) from developing driverless technology, it may also be the best course of action for protecting consumers and upholding manufacturers’ legal duties of care to their consumers. Furthermore, there are still many questions to be answered about this young technology before it becomes a regular part of our traffic on the road, and many legal questions may depend on the developing technology and how it can be improved in the foreseeable future.

If you or a loved one has been injured in an accident due to another driver’s negligence, contact 844 See Mike 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, 844 See Mike 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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