Within the past 10 years, the emergence of driverless vehicles has sparked a lot of interest and discussion amongst road users and the law. Despite offering the promise of convenience and increased safety, they also raise the question of who is to blame if you are involved in an accident with a driverless vehicle.
The issue of liability in cases involving driverless cars is far more complex than the standard road traffic accident. In the standard road traffic accident, liability is assigned to the driver of the vehicle. In collisions involving driverless cars, there are a few important questions that must be answered.
The benefit of driverless vehicles is that they are autonomous and do not require driver control for the majority of the journey. Even with advances in technology, there will always be accidents. In 2018, a pedestrian was killed by a self-driving Uber in Arizona, USA. It was concluded that the vehicle sensors failed to detect the pedestrian and the driver behind the wheel was distracted at the time of the accident.
Cases involving driverless vehicle accidents can involve complex and time-consuming investigations through analysis of the car’s software, hardware, and the driver actions also.
The technology behind the cars is complex and results in far more input when investigating accidents than simply an engineer who will discuss vehicle damage. IT and software specialists are also required to report on the varied technology shortcomings of driverless cars.
According to the current plans by the UK government, responsibility for road traffic collisions involving driverless vehicles will rest with the vehicle manufacturer as opposed to the driver or insurer. This is naturally a significant departure from the way in which road traffic personal injury cases are decided and have been for many decades.
As the technology behind driverless cars continues to develop, then it is likely we will see further developments and changes in the law. It is essential that all policy makers, legal experts, and car manufacturers work together to address these complex issues. This will ensure claims are not unnecessarily drawn-out resulting in an increase of litigated claims.
The Government has announced that it has invested millions into the development of self-driving cars. They ought to be on the road in much bigger numbers by as soon as 2025. It is essential that before then the law and the development of technology go hand in hand to give clarity to the driver/owner of the driverless vehicles and so avoid complex and expensive court cases.
