The age of autonomous vehicles is upon us. Major automakers like Tesla, Ford, and GM are racing to release fully self-driving cars to the mass market in the coming years. This technology promises many benefits like increased safety, reduced congestion, and greater mobility for the elderly and disabled. However, it also raises complex legal questions around liability and insurance that society will need to address.
Who’s at fault when an autonomous car crashes? This key question does not yet have a clear answer. If a self-driving car causes an accident, should the manufacturer be liable? Or does the fault lie with the driver who failed to properly monitor the vehicle? Many argue the liability should be borne by whichever party – human or machine – was in control of the vehicle at the time. But it may not always be obvious who or what was in control during a crash.
The Role of Data and Software
To apportion responsibility, investigators will need access to the vehicle’s sensor data and self-driving system algorithms. Manufacturers will likely resist sharing this proprietary information. New data recording rules and legal protections for autonomous vehicle software will need to be established. Otherwise, finding accountability after a crash may prove difficult.
The Human Factor
The human role is another uncertainty. Fully autonomous vehicles won’t have steering wheels or pedals, allowing occupants to ride passively. But some experts believe having a human driver ready to take over provides an essential layer of safety redundancy. Determining if human drivers will be legally required to pay attention and intervene if needed has huge implications for liability. Requiring human oversight spreads the responsibility but undercuts the technology’s potential.
Adapting Insurance for Autonomous Vehicles
Insurers are also grappling with self-driving cars. Traditional policies based on human driving records may become obsolete. Instead, premiums could be tied to the autonomous software’s safety rating. Some proposals suggest manufacturers should self-insure their own vehicles. But large automakers may not want the huge liability risk on their books. Novel public-private partnerships around insurance are likely needed.
Updating Laws and Regulations
The rise of autonomous cars will spark calls to revisit traffic liability laws originally written for human drivers. Existing negligence standards based on reasonable human actions may not adapt well to machine intelligence. New laws specific to autonomous vehicles that share liability between manufacturers and operators will likely emerge. Strict product liability forcing manufacturers to bear costs when the self-driving technology fails would incentivize safety and innovation. But it could also stall adoption.
Policymakers have a difficult balancing act. Regulation needs to encourage the technology’s development while protecting the public interest. States like California that are pioneering autonomous vehicle rules could create models for national laws. The ultimate mix of regulations and liabilities will significantly shape how quickly autonomous vehicles displace human drivers.
The Future of Driving
For such a transformative technology, a phase-in period is likely. Semi-autonomous features like automatic braking and lane centering are already becoming commonplace. As autonomy increases, human drivers may begin playing more of a copilot role, ready to intervene if needed. New teens in the future may never need to learn to fully drive manually. Over time, human driving could largely fade away.
Society will need to grapple with many complex questions as autonomous vehicles become mainstream. Entire professions like trucking and delivery driving could be disrupted or eliminated. Hacking risks also can’t be ignored in an increasingly connected world. And serious thought needs to be given to ethics and philosophy. How should autonomous cars be programmed to handle moral dilemmas on the road? Moving humans out from behind the wheel will impact mobility, urban planning, the economy, and more.
The arrival of autonomous driving technology promises major benefits but will not be without challenges. Seamlessly integrating self-driving cars into society will require adapting insurance schemes, rethinking regulations, addressing liability gaps, and having public discussions. As this transformation continues, having an experienced personal injury attorney on your side can prove invaluable. Contact us today for a free consultation to discuss your case. The future of driving may be arriving faster than expected. We are here to help you navigate this changing landscape.
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