This week should mark a milestone in automotive technology. A driverless car set off to cross the country last Sunday. As ABC News reported, the 3,500-mile trip from California to New York will be the longest ever attempted in the North America. The technology involved may be fascinating, but the greater concern is the liability stemming from any accident that should occur if that technology fails. An interesting aspect of the story involved the driver of the driverless car. Seems a bit nonsensical, but apparently the driver will stand at the ready just incase there is a situation the car can't handle. This, of course, begs the question; who is liable should the car get into an accident while set to an autonomous mode?
Today, safety improvements as a result of the technological advancements are making a difference. As the Insurance Institute for Highway Safety has found, technological improvements, in design and safety, have lowered fatality rates. Electronic stability control, ABS braking, vehicle backup cameras are all largely passive devices that aid the driver execute safer driving maneuvers. Technology is advancing to the point, even in consumer-grade application, that the computer in the car can react for the driver. We have all seen the latest car commercials. For instance, some cars come equipped with camera technology to prevent accidents by stopping the car if the driver fails to see or react to the imminent danger. If the technology fails, the driver is still responsible because that particular technology is one of last resort should the operator already be distracted from the job of maintaining proper control over the vehicle. In the infancy of the autonomous technology and the law, it seems that drivers still must maintain control over their own vehicle. Because the technology is untested, the drivers will have to be prepared in case the computer cannot handle a situation. Once these bugs are thoroughly worked out, however, drivers will be relieved of that burden. Otherwise, there would be little value in being the first to own an autonomous vehicle.
The tougher question is what happens when the computer takes control over the vehicle in its entirety, is the automaker to blame for accidents? The programmer? Or the "driver" who likely is even more distracted now that the pesky business of driving is no longer their concern. There are no easy answers. Consumers would purchase the technology as a safer alternative. But computers are prone to errors, maybe less so than humans, but errors nonetheless. One thing that is certain, when autonomous vehicles become legal in states, tort liability for driving will be drastically altered. It will be interesting to see how insurance companies, law makers, and the automotive industry react to the changes.
