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Assessing and Litigating Claims of Automation-induced Errors

Level: Advanced
Runtime: 92 minutes
Recorded Date: May 20, 2021
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  • NHTSA’s regulatory posture towards ADAS and AVs
  • Benefits, challenges, and claims associated with Advanced Driver Assistance Systems (ADAS) & Automated Vehicles (AVs)
  • Research, data, & analyses that can be used to respond to claims
Runtime: 1 hour, 32 minutes
Recorded: May 20, 2021


An accident involving a vehicle in which an Advanced Driver Assistance System (ADAS) was active is likely to lead to allegations that the ADAS technology was defective and is responsible for the crash. Specific arguments may include that the accident was the result of the ADAS technology unavoidably inducing driver inattentiveness, in that it facilitated driver misunderstanding of the technology, encouraged the driver to over trust the automation, or failed to properly communicate with the driver. Research data, design guidelines, and motor vehicle regulations can yield insights that can help determine the extent to which attentional lapses were induced by the ADAS technology or were the result of driver error.

This program will discuss a systematic process that can be used to evaluate ADAS-related product defect claims and determine whether a crash was caused by system design or driver error, as well as the ways in which data generated by ADAS and ADAS-equipped vehicles may be used in developing standards and regulations.

This program was recorded on May 20th, 2021.

Provided By

American Bar Association
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Chris Monk, Ph.D.

Senior Managing Scientist

Dr. Monk is an international scientific leader on driver inattention, in-vehicle safety systems, driver performance, and driver behavior. His expertise includes driver distraction, automated vehicle human-machine interactions, in-vehicle warnings and alerts, advanced driver-vehicle interfaces, alcohol and drowsy impaired driving, vulnerable road users, vehicle lighting, nighttime driving, roadway signage and lane markings, and seat belts.

Dr. Monk was the lead United States representative on a partnership between the United States, European Union, and Japan that published an international definition of distraction, a taxonomy of driver inattention, a report on cognitive workload, and an article on “out of the loop” driver interactions with advanced automated vehicles. Dr. Monk has led large-scale research programs investigating driver distraction, automation human factors, warning design, and system safety for the government, and has extensive experience in partnering with industry to accomplish research objectives. As head of human factors at the National Highway Traffic Safety Administration (NHTSA), he was responsible for developing, planning, conducting, and coordinating NHTSA’s human factors research program on advanced safety and driver information systems, automated vehicles, driver distraction and impairment, and the safe application of advanced technologies.

Prior to joining NHTSA, Dr. Monk was the Human Factors Team Leader at the Federal Highway Administration. Before that, he was an Assistant Professor of Human Factors Psychology at George Mason University in Fairfax, VA. He began his career as a human factors engineer for Toyota where he led the development of the driver-vehicle interface for the first-generation Lexus in-vehicle navigation system.

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John Campbell, Ph.D., CHFP, PMP

Senior Managing Scientist

Dr. Campbell has over 30 years of experience examining issues related to human performance, human factors, driver behavior, roadway safety, and the contributing factors to roadway crashes. He has evaluated human factors aspects of traffic safety, the capabilities and limitations of road users, and the relative contributions of vehicle, infrastructure, and user factors in roadway crashes. His scientific expertise includes the design of advanced driver-vehicle interfaces, including: head-up displays, night/driver vision, collision warning, navigation, speech recognition, driver monitoring systems, advanced input devices, and interfaces for connected and automated vehicles.

He has developed design guidelines, tools, and other resources to support roadway design & operations, road safety evaluations, and diagnostic assessments of crashes that specifically involve navigation systems, icons/symbols, collision warning devices, connected vehicles, automated vehicles, and roadway design. His research has been supported by various governmental agencies, including the US Departments of Transportation (NHTSA, FHWA, & FMCSA), Defense (Army, Navy, & Air Force), and Homeland Security, the National Academy of Sciences, and the governments of Japan and Brazil.

Dr. Campbell’s on-going research projects include: (1) for the National Academy of Sciences, a project to develop improved methods and tools for identifying the contributing factors to roadway crashes, and (2) for USDOT/NHTSA, projects to assess challenges and solutions for safety issues related to driver trust, mental models, and driver engagement in highly automated vehicles.

Dr. Campbell was previously a Research Leader at the Battelle Memorial Institute where he established Battelle's Center for Human Performance and Safety in Seattle, WA. He has served as Chair and Member of committees, sub-committees, and task forces for the Transportation Research Board of the National Academies and SAE International.

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Gail L. Gottehrer

Law Office of Gail Gottehrer, LLC

Gail Gottehrer's practice focuses on technology-related litigation and counseling, including autonomous vehicle regulation, connected vehicle regulation, data privacy, biometrics, cybersecurity, facial recognition, and the IoT. She is one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury.

Gail is a frequent speaker on the implications of technology for the law and business operations, including eDiscovery and electronic evidence. She teaches Law for Knowledge Innovation at Columbia University, is a member of the Advisory Board for Rutgers University’s Leading Disruptive Innovation Program, and is a Fellow at the Center for Legal Innovation at Vermont Law School.

Gail was appointed as a Co-Chair of the State of Connecticut’s Task Force to Study Fully Autonomous Vehicles, the New York State Bar Association’s Transportation Committee, Law360’s Transportation Editorial Advisory Board, and the New York State Bar Association's Technology and the Legal Profession Committee. She is the New York Regional Co-Chair for the ABA’s Judicial Intern Opportunity Program, Co-Chair of the Programming Committee of the ABA’s Woman Advocate Committee, Vice-chair of the ABA-TIPS Automobile Litigation Committee, Co-Chair of the National Association of Women Lawyers’ IP & Technology Affinity Group, and a member of the Sedona Conference Working Group on eDiscovery Cooperation and Training (WG-1). She was selected as one the Profiles in Diversity Journal’s 2017 Women Worth Watching in STEM and one of the Connecticut Technology Council’s 2016 Women of Innovation.

Gail is a graduate of the University of Pennsylvania Law School, and served as a law clerk to the Honorable Murray C. Goldman, in the Philadelphia County Court of Common Pleas. She is admitted to practice in New York, New Jersey, Connecticut, and Pennsylvania.

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