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Roadway safety remains contingent on human behavior, but as technological improvements such as Advanced Driver Assist Systems (ADAS) arise in motor vehicles, dependence on the human element should fade. However, human error and impairment remain the leading causes of crashes, and when things go wrong, it is common for those involved to seek damages. Explore the legal challenges associated with ADAS, how they overlap with highway design and how current legal battles will define the role ADAS will or will not have in roadway safety.