Many designers and car manufacturers are working together to create fuel-efficient and safe self-driving cars. Unsurprisingly, Tesla is leading the charge. Self-driving cars mark an exciting and revolutionary step for the automobile industry, but many people want to know who is legally responsible in car accidents involving self-driving cars. These type of incidents are more common than we think, which raises the question if society if ready for self-driving technology, considering the repercussions that may come with it. Also, who is responsible for accidents? Below you will find real examples of accidents involving self-driving cars and the circumstance involved in each incident.
Tesla autopilot crash
Back in March, a Tesla car on autopilot crashed into a freeway barrier, killing the driver. Tesla released a statement claiming that, despite multiple warnings from the vehicle, the driver did not have his hands on the steering wheel for six seconds before the crash. Tesla builds logs into each vehicle, and the logs for the crashed vehicle revealed that the driver did not make any effort to prevent the accident before crashing into the barrier.
Tesla has warned drivers that autopilot cars do not have the ability to do everything without a driver’s help. Autopilot cars can change lanes, keep speed, and self-park. However, they need a driver to keep his or her eyes on the road and hands on the wheel. If these limitations were inadequately presented to the public, then the manufacturer might be liable for a marketing defect. San Diego accident attorney Mike Bomberger at the firm Estey & Bomberger, LLP said the following about marketing defects in products:
“Marketing defects center on how the product was presented to the public. Companies must clearly state any dangers or risks that come along with their products. If someone suffers an injury and the label did not clearly warn consumers about the risk, the marketing sector may be responsible.”
Immediately following the Tesla accident in question, the car burst into flames. Tesla claims that an issue with the highway barrier made the crash worse. Each highway barrier is supposed to include a piece that is designed to reduce the impact when a vehicle crashes into it. The barrier the Tesla car crashed into was missing the piece due to a prior accident.
Tesla released a compassionate apology. However, the victim’s family claims that the man brought his car into the dealership multiple times about issues with autopilot before the crash occurred. Tesla reported that it could not find any records of his complaints.
Self-driving uber car deadly accident
Earlier this year, a self-driving Uber car killed a pedestrian in Arizona. The city volunteered to be a test site for Uber self-driving cars. Uber quickly terminated the testing after the accident occurred. Autonomous driving technology is meant to reduce the number of accidents, taking away the risk of distracted driving or other human errors. However, after the Arizona accident, many automobile companies realize there is a long way to go before autonomous cars are completely safe to drive. Especially when it comes to heavily trafficked pedestrian areas.
A driver was behind the wheel of the self-driving Uber car that hit the pedestrian, and records show that the driver was not impaired in any way when the crash occurred. Arizona is loosening regulations on self-driving cars in an effort to attract more companies to Arizona for testing.
When there's no driver, who is responsible?
Determining liability in self-driving vehicle accidents can be difficult. It is a complex legal issue, but the general idea is that the company is only at fault if something went wrong with the car and the mistake caused the crash. For example, a self-driving car collided with another vehicle in Tempe, Arizona in March of 2017, and the company was not held responsible because nothing was wrong with the car, and the other driver was at fault. Automobile companies are usually only legally responsible for self-driving vehicle accidents if the self-driving vehicle malfunctioned, and the malfunction directly caused the crash.
There are many different factors on the road that can lead to accidents, and as the number and frequency of self-driving cars increases on the road, the chances for crashes will grow as well. Not only will the manufacturers need to ensure that their vehicles are designed properly to drive safely, but the public needs to understand the limitations of these vehicles and exercise caution – not only for the passengers that occupy the self-driving cars, but for the vehicles operating around these autonomous vehicles as well.
As self-driving technology improves and more people own these type of cars, it's important to take a look at these incidents and question what the near future may bring. Should we pump the breaks on self-driving cars or is this the future of transportation?