Phoenix Autonomous Technology Attorneys

Phoenix: America’s Autonomous Vehicle Testing Ground

#

No city has seen more autonomous vehicle testing than Phoenix. Arizona’s permissive regulatory environment has made the Valley of the Sun the nation’s primary proving ground for self-driving technology—and, unfortunately, for its failures. From the first autonomous vehicle pedestrian fatality to ongoing robotaxi deployments, Phoenix has been at the center of AV development and litigation.

Why Phoenix Leads in Autonomous Vehicle Litigation

#

The AV Testing Capital

#

Arizona’s regulatory approach made Phoenix the go-to destination for AV testing:

• Executive Order 2015-09 — Governor Ducey invited AV testing without permits
• Limited state oversight — Minimal pre-deployment requirements
• Year-round testing conditions — Consistent weather for sensor calibration
• Grid road system — Predictable infrastructure for AV navigation
• Sprawling development — Lower-density areas for early testing

Major AV Operations in Phoenix:

• Waymo — Largest commercial robotaxi deployment
• Cruise — Pre-suspension operations (paused nationally)
• Uber (formerly) — Site of first AV pedestrian fatality
• Nuro — Autonomous delivery vehicles
• TuSimple — Autonomous trucking (headquarters in Tucson)

The Uber Fatality Aftermath

#

The March 2018 death of Elaine Herzberg changed everything:

• First pedestrian killed by autonomous vehicle
• Occurred in Tempe (Phoenix metro)
• Extensive investigation revealed systemic failures
• Criminal charges against backup driver
• Regulatory attention on Arizona’s permissive approach

This tragedy established Phoenix-area attorneys as national leaders in AV litigation.

Continuing Incidents

#

Despite increased attention, Phoenix AV incidents continue:

• Waymo robotaxi collisions
• Autonomous delivery vehicle pedestrian conflicts
• Tesla Autopilot crashes throughout the metro
• Smart home failures during extreme heat events

Arizona Legal Framework

#

Pure Comparative Fault

#

Arizona follows pure comparative fault:

• Recover damages regardless of your fault percentage
• Recovery reduced by your percentage of fault
• Even 99% at-fault plaintiffs recover 1%
• More favorable to plaintiffs than many states

Arizona Product Liability

#

Arizona product liability combines statutory and common law:

Strict Liability:

• Manufacturing defects
• Design defects
• Failure to warn

Arizona’s Product Liability Act (A.R.S. § 12-681 et seq.):

• Governs product liability claims
• Includes useful life and state-of-the-art defenses
• Government contractor defense for certain products

Key Arizona Doctrine: Arizona uses a modified consumer expectations test that considers whether the product failed to perform as an ordinary consumer would expect, but also allows risk-utility analysis for complex products.

Statute of Limitations

#

Statute of Repose

#

Arizona has a 12-year statute of repose for product liability:

• Claims barred 12 years after first sale
• Can be significant for older autonomous systems
• Exceptions for intentional concealment of defects

Damage Considerations

#

No Compensatory Caps: Arizona has no caps on compensatory damages.

Punitive Damages: Available but subject to procedural requirements. Must prove defendant acted with “evil mind”—conscious disregard for rights and safety of others.

No Joint and Several Liability: Arizona abolished joint and several liability. Each defendant pays only their proportionate share of fault. This makes identifying all responsible parties critical.

Common Case Types in Phoenix

#

Autonomous Vehicle Accidents

#

Phoenix sees more AV incidents than any other metro:

Smart Home Heat Failures

#

Phoenix’s extreme heat creates unique risks:

• HVAC automation failures during 115°F+ days
• Smart thermostat malfunctions leaving homes dangerously hot
• Battery failures from heat exposure
• Pool automation failures causing safety hazards

Healthcare AI

#

Major Phoenix healthcare systems deploy AI:

• Banner Health — Extensive AI diagnostic deployment
• HonorHealth — Surgical robotics
• Mayo Clinic (Scottsdale) — Advanced AI research and clinical applications

Delivery Robots

#

Multiple delivery robot operations in Phoenix metro:

• Sidewalk delivery bots in Tempe and Scottsdale
• Nuro autonomous vehicles in various neighborhoods
• University campus deployments (ASU, UA affiliates)

Phoenix Metro Court System

#

Maricopa County Superior Court

#

Most Phoenix autonomous technology cases file in Maricopa County:

Civil Division:

• Handles personal injury and product liability
• One of the nation’s largest court systems
• Generally efficient processing
• Experience with AV cases from Uber fatality onward

Venue Options:

• Southeast Facility (Mesa) — convenient for East Valley incidents
• Downtown (Phoenix) — main civil courthouse
• Northwest Regional Center — Glendale/Peoria area

Federal Courts

#

District of Arizona:

• Phoenix-based federal court
• Handles diversity cases and federal questions
• Some AV cases consolidated here
• MDL experience with product liability

Arizona Jury Considerations

#

Maricopa County juries are generally considered:

• Moderate to conservative
• Pro-business but sympathetic to clear injuries
• Skeptical of excessive damages claims
• Responsive to strong evidence of corporate wrongdoing

Phoenix isn’t as plaintiff-friendly as some jurisdictions, making case preparation and evidence strength particularly important.

Arizona-Specific Evidence

#

AV Testing Data

#

Arizona’s permissive approach means less public reporting than California, but:

• Companies must carry insurance (minimum $5 million)
• Post-incident reporting to law enforcement
• Discovery can access internal testing data
• Federal NHTSA investigations provide additional information

Heat-Related Documentation

#

For heat-related autonomous technology failures:

• NWS temperature records for incident date
• Device operating temperature specifications
• Heat-related failure mode documentation
• Prior heat-related incidents with same device

Municipal Records

#

Phoenix-area municipalities maintain:

• Traffic accident reports (detailed for AV incidents)
• 911 call records
• Building inspection records
• Business license information

Phoenix Attorney Network

#

Our network includes Phoenix attorneys with experience in:

Autonomous Vehicles

#

• Robotaxi collisions
• Tesla Autopilot crashes
• Autonomous delivery vehicles
• AV pedestrian and cyclist injuries

Consumer Technology

#

• Smart home heat failures
• Domestic robot injuries
• Pool and outdoor automation
• Home security systems

Healthcare AI

#

• Diagnostic AI errors
• Surgical robot complications
• Clinical decision support failures
• Medical device liability

Industrial and Commercial

#

• Warehouse automation
• Manufacturing robotics
• Commercial delivery systems
• Agricultural automation

Phoenix-Specific Considerations

#

Extreme Heat Factors

#

Phoenix’s climate affects autonomous technology cases:

Sensor Performance:

• Camera sensors affected by heat shimmer
• LIDAR range reduced in extreme temperatures
• Radar performance variations
• GPS accuracy issues

Battery and Electronics:

• Accelerated battery degradation
• Thermal shutdown failures
• Solder joint failures from heat cycling
• Display and interface malfunctions

Human Factors:

• Urgency of HVAC failures (medical emergencies possible within hours)
• Reduced ability to escape during vehicle malfunctions
• Heat-related impairment affecting response capability

Sprawl and Infrastructure

#

Phoenix’s development pattern affects AV operations:

• Wide arterial roads with high speed limits
• Limited pedestrian infrastructure in many areas
• Extensive parking lot navigation requirements
• Construction zone complexity from rapid growth

Demographics and Vulnerability

#

Phoenix has significant vulnerable populations:

• Large retirement communities (Sun City, etc.)
• Seasonal residents unfamiliar with technology
• Growing homeless population
• Tourists unfamiliar with local conditions

Frequently Asked Questions

#

Connect with Phoenix Attorneys

#