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Trending Up: No Hands, No Excuses
With the release of NHTSA's new Automated Vehicle Framework (AVF) in April, manufacturers of autonomous systems can see a more straightforward—if more arduous—path forward. The Framework aims to harmonize federal standards, streamline crash reporting, and formally extend the Automated Vehicle Exemption Program to U.S.-produced vehicles.
As more vehicles move into SAE Levels 3–5, liability and consumer attitudes in product liability continue to evolve. When something goes wrong, both plaintiffs and regulators are more likely to scrutinize the underlying technology and the entities responsible for designing, testing, and maintaining it. That means more litigation grounded in product liability and software defect claims, and more pressure on OEMs and suppliers to comply from the outset.
Trending Down: The Privacy Hurdle
For all the headlines around robotaxis and road safety, it's the data—not the driving—that's been sparking the most lawsuits. But with the introduction of the AVF and a surge in safety-focused regulation, that concern appears to be taking a back seat (at least in the eyes of Uncle Sam).
Regulators are increasingly framing AV oversight around physical safety, reliability, and compliance with defined performance metrics. While privacy remains a critical issue—especially for consumer trust and global compliance—it is no longer the dominant legal barrier to AV deployment. Instead, agencies are building frameworks designed to enable scaled testing and commercialization, even if that means deferring more granular privacy enforcement to general consumer protection laws.
Originally published September 22, 2025.
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