What Do Computer-Driven Cars Mean for Roadway Safety?

December 11, 2010

We may not yet have the flying cars that countless movies have promised us -- it is 2010, after all -- but we are getting closer. Google has recently garnered significant media attention for the computer-driven cars it has been testing on the West Coast.

Among the infinite possibilities that "robot cars" present, the legal issues that will arise when a computer-driven car is in a motor vehicle accident are complex.

The Google Car

Google cars -- Toyota Priuses equipped with cameras, sensors and other tools -- have traveled more than 140,000 miles with minimal human control. They have driven 1,000 miles with no human intervention at all.

The cars, so far, have always had a human at the wheel, ready to take over at the first sign of trouble. This most certainly will not always be the case with computer-driven cars, however, as the technology develops and spreads. The possibilities for environmental conservation, economic advantages and safety improvements are vast. But numerous legal questions must be answered as well.

Current Law

The researchers who planned the Google cars' trips researched the law before they set out. California, like other states, including Idaho, assumes that humans are driving all the cars on the road.

Google came to the conclusion that because a human is in the car and able to override the controls at any time, the cars were legal. The senior staff counsel for the California Department of Motor Vehicles shares their view, according to a New York Times article.

Even if robot cars -- with humans at the wheel, ready to take over if necessary -- are allowed to drive on the road, the question of who is liable in an accident remains unanswered. For example, Idaho's Rules of the Road state that "The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent ..." (I.C. Section 49-638). But what if the computer is controlling the car when an accident occurs, and there is no human "driver"?

Liability in an Accident

So far, the only reported accident involving a Google car was due to another driver's (a human's) mistake: a Google car was rear-ended at a stoplight. Eventually, however, with crowded roads, unpredictable driving conditions and computer bugs, some computer-driven car will be involved a serious accident -- in which both criminal and civil responsibility will be at issue.

The criminal law must either be adjusted to match emerging technology or reinterpreted. The civil liability issues will be complex because the new technology shifts at least some responsibility away from the human driver/passenger, if there is one.

Lawsuits arising from accidents involving computer-driven cars are likely to mirror contemporary lawsuits in terms of strategy. The plaintiff's attorney will look at who had control of the car at the time of the accident; the road conditions and who was responsible for them; and the actions of anyone else who contributed to the cause of the crash, including auto manufacturers.

In the case of computer-driven cars, the contributors will be somewhat different. They include any human in the car and other people who may have caused the crash; the manufacturer of the car; the designer of the car's software; the provider of any maps the car was relying on; and anyone else who contributed to technology that failed, contributing to the cause of the car accident.

Speak With an Attorney

The days of driving alongside cars that have no drivers may not be as far away as we think. If you've been injured in an auto accident, no matter who was (or was not) driving, it is wise to speak with an attorney who can help you seek recovery.

Article provided by Carty Law PA
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