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ARTICLE · 08 JULY 2016

Update On Issues Relating To Autonomous Vehicles: Recent Fatality & The Anticipated Challenges Arising From The Accident

McCague Borlack LLP
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News of the death of Joshua Brown, a Florida man who died following a motor vehicle accident that occurred while his Tesla Model S vehicle was in autopilot mode, has attracted international media attention...

CanadaLitigation, Mediation & Arbitration
McCague Borlack LLP
McCague Borlack LLP
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News of the death of Joshua Brown, a Florida man who died following a motor vehicle accident that occurred while his Tesla Model S vehicle was in autopilot mode, has attracted international media attention as he is the first U.S. fatality from a motor vehicle accident where the deceased was in a vehicle that was in self-driving mode. This development provides occasion for us to comment further on the status of autonomous vehicles and the law in Ontario.

The accident occurred on May 7, 2016 in Williston, Florida when Mr. Brown's vehicle collided with a tractor trailer. Reports indicate that the cameras on board the Model S, which are a main feature of the vehicle's autopilot system, failed to distinguish between an oncoming tractor trailer and the bright sky. As a result, the vehicle failed to automatically activate its brakes and collided with the trailer.1,2Later reports indicate that in spite of the autopilot failure, human error may have also been a potential

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