Films such as Total Recall, Minority Report, and I, Robot have ignited our fascination with the idea of a futuristic society where self-driving cars dominate the roads. Elon Musk and his Tesla company are bringing us closer to turning the vision of self-driving cars into a tangible reality. However, this progress raises a crucial question: In the event of a driverless car collision, who will bear the responsibility?
Self-Driving Cars
The Society of Automotive Engineers outlines levels of automation:
- Level 0: No automation. The driver does everything.
- Level 1: The driver has minimal assistance, such as power brakes or power steering.
- Level 2: Partial automation like cruise control may exist, but the driver remains in control.
- Level 3: The car can operate without the driver’s control, but the driver is necessary and must pay attention and be ready to take control at any time.
- Level 4: The car can operate under certain conditions without intervention by the driver. The driver can take control if they wish.
- Level 5: Fully automated vehicles that can operate without a driver. May not even have a steering wheel or gas pedal.
In the current scenario there hasn’t yet been a vehicle beyond a Level 3 vehicle is on the roads, yet. Tesla’s “Autopilot” feature and Cadillac’s “Super Cruise” feature still require the attention of the drivers to take control as and when necessary.
Self-Driving Car Accidents
Crashes involving driverless cars are not unheard of. Between the two major robotaxi companies, Waymo and Cruise, there have been 117 and 72 collisions, respectively, from 2022 to the present. This does not include 29 incidents where a human driver had to take control of the vehicle to avoid an accident. In 2022, automakers reported approximately 400 crashes of vehicles with partially automated driver-assist systems, with 273 of these accidents involving Teslas, the most common vehicle with self-driving capability. As autonomous vehicles continue to be developed and deployed, it is essential to address the safety concerns and potential liabilities associated with these vehicles.
Determining Liability in Autonomous Vehicle Accidents
As autonomous vehicles become more prevalent, the question of liability in accidents involving these high-tech cars is a complex legal conundrum. The shift from driver to system control introduces new challenges in determining who is at fault when something goes wrong on the road. Typically, the parties that could be held responsible include:
• The driver of the “self-driving” vehicle
Under current legislation, the responsibility for a car accident falls on the driver deemed at fault, with liability typically originating from the vehicle’s owner, which may not always be the driver. These regulations also apply to semi-autonomous vehicles with up to Level 3 automation. Should the driver opt to disengage the autopilot and manually control the vehicle, they could be held accountable in the event of a collision. However, the legal framework becomes more complex with fully autonomous vehicles that lack a human driver, as there is no established legal precedent in such scenarios.
• The vehicle’s manufacturer
If an accident occurs due to a defect in a semi-automated or fully autonomous vehicle, the manufacturer will be held responsible. This aligns with existing product liability laws, eliminating the need for revisions to accommodate self-driving vehicles. Companies like Volvo have already committed to covering all damages and injuries caused by their autonomous cars.
• Software Developers
In self-driving cars, judgement of human drivers is replaced by software and sensors utilising intricate data and algorithms. Any flaw in this software could lead to accidents, holding technology designers accountable. For instance, if a cow obstructs the road while a human can see the cow and make a split-second decision, the software must “see” and swiftly decide, mirroring human capabilities. Failure to do so would render the software designer liable for ensuing accidents.
Done By: Adithya Menon, 5th year B.A, LL.B(Hons.)
Veltech School of Law, Chennai
For Origin Law Labs
