Drive.ai is the latest addition to the self-driving world, providing residents in Frisco and Arlington rides from self-driving cars that they can hail on public roads. More than 10,000 people have access to this new transportation office on limited routes. Like with Uber or Lyft, riders use an app to request a ride in real-time. One notable difference is that the pilot program is currently offering rides free of charge.
Self-driving cars do not require human intervention to take control to safely operate the vehicle, although these vehicles generally have manual overrides.[1] Sensors and software control, navigate and drive the vehicle.
Many manufacturers currently support the research and development into self-driving technology. In addition to major auto manufacturers like Tesla, Nissan, GM and Audi, ride-share companies like Uber and Lyft and conglomerates Google and Amazon make up part of the 46 corporations that are currently investing in this technology.[2]
These vehicles typically contain an internal map of their surroundings by using a variety of sensors. The specific technology is different in the prototypes. For example, Uber’s self-driving vehicles use 64 laser beams to create their map.[3] Google’s vehicles use lasers, radar, sonar and cameras.[4] The vehicles’ software processes the inputs from these sensors and radars, plots a path and sends messages to the vehicle to follow the instructions. The vehicle’s operations are initiated based on this information, including acceleration, steering and braking. Rules are programmed into the vehicles so that they abide by traffic laws.
One of the major benefits that companies investing in this technology cite is improved safety. The Insurance Institute for Highway Safety Highway Loss Data Institute reports that in 2017, there were 37,133 people who died in auto accidents.[5] The National Highway Traffic Safety Administration attributes 94 percent of auto accidents to human error.[6] Self-driving cars may be less prone to human error. They are constantly checking for information and the driving behaviors of others and any potential hazards. They can scan in multiple directions. Additionally, they are not prone to human elements that negatively impact driving, such as fatigue, illness or stress.
Many vehicles today already have some components of semi-autonomous driving, such as self-parking and obstacle avoidance. Audi and BMW have vehicles currently for sale that include systems that allow the vehicle to take over in heavily congested areas, allowing the vehicle to accelerate, steer and brake.[7] Researchers of Cadillac’s current self-driving vehicle claim that owners can let the vehicle drive them without any intervention if they take the routes they have mapped out.[8] Nissan’s ProPilot driver assist system can steer the vehicle for the driver, but the driver has to keep his or her hands on the steering wheel.[9]
Self-driving cars are currently undergoing testing in several regions throughout the country, but they are not available to the general public for purchase.[10] The Register ran an article in 2018 in which Waymo predicted the vehicles would be available for purchase in 2018 (spoiler alert: it didn’t happen), GM predicted they would be available in 2019.[11] Most industry leaders agreed with Mobileye, which predicted the vehicles would be available for sale in 2021, while they also admitted that these predictions were usually two years early, so maybe the first set of vehicles will actually roll out in 2023.[12]
So, with these vehicles set to roll out at least relatively soon, the big question is: How will insurance work? The current trend is to make the manufacturers liable for accidents caused by self-driving cars.[13] According to Venture Beat, Google, Volvo and Mercedes-Benz have accepted liability in cases involving the self-driving cars in accidents.[14] Additionally, a RAND corporation study predicted that car manufacturers’ liability will increase as self-driving vehicles become more common.[15] It also proffered an additional option: to use a “no-fault insurance” system in which each party’s own insurance company would cover their own insured, regardless of fault. Venture Beat also reports that Tesla is extending an insurance program for people who purchase its vehicles.[16] Policy Genius reports that insurance companies are implementing tools with automated driving in mind, such as Progressive’s Snapshot or Root which gather data about driving habits.[17] However, this is an emerging area of law and there are likely to be a number of lawsuits as issues of liability arise.
There are several safety concerns about using self-autonomous vehicles. One is the hypothetical “trolley problem,” which is named for a scenario in which a person witnesses a runaway trolley that could hit several people or, by pulling a lever, the witness could divert it but kill someone else in the process. Consumers might wonder the type of judgment call a robotic vehicle would make in this situation. Ultimately, the way the vehicle would react is based on the vehicle’s programming for these types of no-win situations. Another consideration is whether the vehicle should be programmed to protect the people in the vehicle or others, such as pedestrians or people on the sidewalk.
While the manufacturers of these vehicles may have tremendous confidence in this technology, it has not been perfected. In December 2017, a Chevy Bolt that was driving autonomously collided with a motorcycle. The injured motorcyclist sued the manufacturer.[18] In January 2018, fire officials reported that a self-autonomous Tesla Model S rear-ended a fire truck on the freeway.[19] According to Futurism, there were 30 accidents in California involving self-driving vehicles between 2014 and 2018.
With these accidents occurring, lawmakers are in the process of passing laws to address self-driving vehicles on the roadway. Texas passed a law in 2017 that allowed autonomous vehicles to drive in Texas without a driver with the support of auto manufacturers.[20] Texas Tribune reported that 17 other states had passed laws addressing autonomous vehicles at the time the Texas law was passed.[21] In 2018, Texas passed another law that assigned the state Department of Public Safety as the organization that would be responsible for regulating self-driving vehicles.[22] The law required these vehicles to have a recording device installed by the manufacturer.[23] The National Highway and Transportation Safety Administration released new federal guidelines for automated vehicles.[24]
Because self-driving cars are a new innovation and there has not been enough time to have comprehensive regulations for these vehicles, injured victims may face obstacles when trying to file a claim stemming from an accident with a self-driving vehicle. It might be possible given Texas’ law that requires a recording device for the liability related to accidents to be more easily determined if there is video footage of the accident. However, even with this extra precaution, it’s still possible that the root cause of the accident might be unknown, such as if there was a computer problem with the autonomous vehicle. Because accidents involving these types of vehicles are not as common and there are not enough laws that address liability regarding autonomous vehicles, accident victims should contact a lawyer with experience in car accidents and product liability issues if they are involved in an accident involving a self-driving car.
[1] https://www.autoexpress.co.uk/car-tech/85183/driverless-cars-everything-you-need-to-know-about-autonomous-vehicles
[2] https://www.cbinsights.com/research/autonomous-driverless-vehicles-corporations-list/
[3] http://www.popsci.com/uber-raffi-krikorian-driverless-car
[4] https://www.google.com/selfdrivingcar/
[5] https://www.iihs.org/iihs/topics/t/general-statistics/fatalityfacts/state-by-state-overvie
[6] https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812115
[7] https://www.autotrader.com/best-cars/7-best-semi-autonomous-systems-available-right-now-271865
[8] https://www.autotrader.com/best-cars/7-best-semi-autonomous-systems-available-right-now-271865
[9] https://www.autotrader.com/best-cars/7-best-semi-autonomous-systems-available-right-now-271865
[10] https://cars.usnews.com/cars-trucks/cars-that-are-almost-self-driving
[11] https://www.theregister.co.uk/2018/05/09/first_autonomous_vehicles/
[12] https://www.theregister.co.uk/2018/05/09/first_autonomous_vehicles/
[13] https://venturebeat.com/2018/01/26/3-ways-self-driving-cars-will-affect-the-insurance-industry/
[14] https://venturebeat.com/2018/01/26/3-ways-self-driving-cars-will-affect-the-insurance-industry/
[15] https://www.rand.org/pubs/research_reports/RR443-2.html
[16] https://venturebeat.com/2018/01/26/3-ways-self-driving-cars-will-affect-the-insurance-industry/
[17] https://www.policygenius.com/auto-insurance/car-insurance-for-self-driving-and-autopilot-cars/#the-future-of-self-driving-car-insurance
[18] https://futurism.com/who-responsible-when-self-driving-car-accident
[19] https://futurism.com/who-responsible-when-self-driving-car-accident
[20] https://www.texastribune.org/2017/06/15/lawmakers-clear-way-driverless-cars-texas-roads-and-highways/
[21] https://www.texastribune.org/2017/06/15/lawmakers-clear-way-driverless-cars-texas-roads-and-highways/
[22] https://www.kxan.com/news/local/austin/texas-implements-law-to-allow-self-driving-cars-to-flourish_20180312075205408/1031464465
[23] https://www.kxan.com/news/local/austin/texas-implements-law-to-allow-self-driving-cars-to-flourish_20180312075205408/1031464465
[24] http://www.ncsl.org/research/transportation/autonomous-vehicles-self-driving-vehicles-enacted-legislation.aspx
