October 17, 2021
The Future of Liability with Autonomous Vehicles
As technology continues to advance, the evolution of self-driving cars speeds along with it. With more automatic features being added to vehicles every year, it's not hard to imagine a not-too-distant future where the vehicles do, well, all of the driving. But with that reality comes the question, who is held liable in the event of an autonomous vehicle accident?
First, it's necessary to understand the basic concepts of legal liability. Legal liability is when a person or entity is found responsible for injury or damage suffered by another party or individual. Legal liability occurs when:
The answer is, it's complicated and it depends. And as the technology evolves, the answer is likely to evolve along with it, as the amount of control the human driver has at the time of the incident varies. For now, we can make predictions based on the increasing levels of technological autonomy.
Who's Liable? In this phase, the driver is still primarily in control and, therefore, is likely to be legally liable. The driver is responsible for using the technology to make better decisions, without being overly reliant on it.
Who's Liable? While in this case the driver shares control with the vehicle, the driver must still decide when to turn control over to the vehicle. In some situations, the best choice would be for the driver to take charge. In these instances, if the driver fails to act as a reasonable and prudent person would in the same situation, they may be found liable for not taking control. However, could drivers also be held liable for taking control away from the vehicle in a scenario the vehicle may have been better equipped to handle?
Who's Liable? In this transitional phase, it could be that in many situations the vehicle is in fact better able than a human to operate safely. However, there are still times when the driver must take control, such as in areas that don't have the necessary infrastructure or in complicated driving situations. These decisions would have to be closely examined on a case-by-case basis to determine liability. Plus, this phase adds a new twist. What if the technology fails? If it is proven the driver was correct in allowing the vehicle to be in control, but the car still caused injury or damage, then who is assigned liability?
Who's Liable? A reasonable assumption is that no liability will be placed on the human passenger. If the vehicle is involved in an at-fault accident, the technology would likely be at fault. But then, who would be assigned blame? The manufacturer, the software company, the municipality for failure to maintain the infrastructure or the high-tech garage that worked on the computer last? Or, will owners be required to sign a contract that would protect these entities? These are questions that will be sorted out in the years to come.
As vehicles require less control from drivers, liability may start to shift. And once the car is in total control, who is held liable in the event of an accident remains a mystery, for now.
First, it's necessary to understand the basic concepts of legal liability. Legal liability is when a person or entity is found responsible for injury or damage suffered by another party or individual. Legal liability occurs when:
- The wrongdoer is found guilty of "negligent conduct"
- The injured party suffers actual damages
- The wrongdoer's "negligent conduct" is the cause of the injury or damage
The answer is, it's complicated and it depends. And as the technology evolves, the answer is likely to evolve along with it, as the amount of control the human driver has at the time of the incident varies. For now, we can make predictions based on the increasing levels of technological autonomy.
Driver-Controlled with Autonomous Assistance
This is where today's new vehicles are now. Many modern vehicles already come equipped with autonomous assistance such as lane departure and blind spot warnings, technology that slows or stops the car automatically in an emergency and hands-free parallel parking.Who's Liable? In this phase, the driver is still primarily in control and, therefore, is likely to be legally liable. The driver is responsible for using the technology to make better decisions, without being overly reliant on it.
Autonomous for Key Functions
While this technology also already exists, it's currently only found in a limited number of the most expensive vehicle brands. Autonomy of key functions includes the vehicle's ability to drive itself on major roads, but return control to the driver on secondary or side streets. While this technology utilizes advanced acceleration and braking tech, it can't predictably or safely navigate traffic lights, stop signs or traffic conditions.Who's Liable? While in this case the driver shares control with the vehicle, the driver must still decide when to turn control over to the vehicle. In some situations, the best choice would be for the driver to take charge. In these instances, if the driver fails to act as a reasonable and prudent person would in the same situation, they may be found liable for not taking control. However, could drivers also be held liable for taking control away from the vehicle in a scenario the vehicle may have been better equipped to handle?
Optional Vehicle Autonomy
A driver is still needed, but most of the driving decisions would now be handled by the vehicle. At this level, the driver could simply enter the destination and allow the car to autonomously navigate, but only in areas where the necessary infrastructure is in place. Certain traffic situations and conditions may still be beyond the technology's capabilities.Who's Liable? In this transitional phase, it could be that in many situations the vehicle is in fact better able than a human to operate safely. However, there are still times when the driver must take control, such as in areas that don't have the necessary infrastructure or in complicated driving situations. These decisions would have to be closely examined on a case-by-case basis to determine liability. Plus, this phase adds a new twist. What if the technology fails? If it is proven the driver was correct in allowing the vehicle to be in control, but the car still caused injury or damage, then who is assigned liability?
Fully Autonomous
This is the point where vehicle technology and infrastructure converge. All new vehicles would have the necessary tech to operate without a driver, and all roads would be equipped with the necessary infrastructure to make it possible.Who's Liable? A reasonable assumption is that no liability will be placed on the human passenger. If the vehicle is involved in an at-fault accident, the technology would likely be at fault. But then, who would be assigned blame? The manufacturer, the software company, the municipality for failure to maintain the infrastructure or the high-tech garage that worked on the computer last? Or, will owners be required to sign a contract that would protect these entities? These are questions that will be sorted out in the years to come.
As vehicles require less control from drivers, liability may start to shift. And once the car is in total control, who is held liable in the event of an accident remains a mystery, for now.
