(1) (a) This section applies only to an incident that occurred related to an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task. (b) This section does not apply to an incident that involves any driving assistance or task not performed by the automated driving system. (c) Notwithstanding Section 78B-4-902 and any other provision of law, the total amount recoverable by a plaintiff under this section, including all damages, costs, and fees, may not exceed $100,000. (d) A prevailing plaintiff may recover compensatory damages available under this section, subject to the limitation described in Subsection (1)(c). (e) If a plaintiff recovers damages under this section, that recovery is the exclusive civil remedy for injury or property damage arising out of the operation of a level four ADS or level five ADS. (2) (a) A person who suffers injury or property damage directly caused by an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task has a right of action under this section. (b) A person who suffers injury or property damage directly caused by an ADS-dedicated vehicle or an ADS-equipped vehicle that is equipped with a level four ADS or level five ADS while the automated driving system is engaged and performing the entire dynamic driving task may bring an action against: (i) the registered owner of the ADS-equipped vehicle; or (ii) a person that dispatched the ADS-equipped vehicle into driverless operation, including a driverless operation dispatcher or an on-demand autonomous vehicle network. (3) A plaintiff establishes liability under this section by proving, by a preponderance of the evidence, that: (a) the automated driving system was engaged at the time of the incident; and (b) the automated driving system was a proximate cause of the injury or property damage. (4) Any liability established under this section may be mitigated in proportion to the degree that the claimant's or a third party's negligence, recklessness, or breach of duty of care contributed to the occurrence of the incident or the resulting harm. (5) A plaintiff bringing an action under this section is not required to prove negligence, breach of duty, or product defect.
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