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The tremendous excitement around the deployment of autonomous vehicles (AVs)comes from their purported promise. In addition to decreasing accidents, AVsare projected to usher in a new era of equity in human autonomy by providingaffordable, accessible, and widespread mobility for disabled, elderly, andlow-income populations. However, to realize this promise, it is necessary toensure that AVs are safe for deployment, and to contend with the risks AVtechnology poses, which threaten to eclipse its benefits. In this Article, wefocus on an aspect of AV engineering currently unexamined in the legalliterature, but with critical implications for safety, accountability,liability, and power. Specifically, we explain how understanding thefundamental engineering trade-off between accuracy and speed in AVs is criticalfor policymakers to regulate the uncertainty and risk inherent in AV systems.We discuss how understanding the trade-off will help create tools that willenable policymakers to assess how the trade-off is being implemented. Suchtools will facilitate opportunities for developing concrete, ex ante AV safetystandards and conclusive mechanisms for ex post determination of accountabilityafter accidents occur. This will shift the balance of power from manufacturersto the public by facilitating effective regulation, reducing barriers to tortrecovery, and ensuring that public values like safety and accountability areappropriately balanced.

Fast or Accurate? Governing Conflicting Goals in Highly Autonomous Vehicles