Who is Responsible in an Accident Involving a Car With Autonomous Driving Features?

By: Bo Li

Advanced driver assistance systems (“ADAS”) are technological features designed to improve vehicle driving safety.[1] These systems improve safety and reaction time to potential hazards through warning and automated systems.[2] With 42,514 people dying in motor vehicle crashes in 2022, many of which were related to human error, ADAS can not only help keep drivers and passengers safe, but also protect other drivers and pedestrians.[3] Tesla’s Autopilot is an ADAS that improves the safety and convenience of driving, and when used properly, can reduce the overall workload of the driver.[4] In 2021, many other manufacturers also offered ADAS, with at least 97 models featuring adaptive cruise control with lane-centering steering.[5]

Although current self-driving technology could reduce accidents by around 34%, the technology still leads to fatal accidents.[6] Between July 2021 and May 2022, 273 of the 392 crashes related to driver assistance systems involved Tesla vehicles.[7] According to data from the National Highway Traffic Safety Administration (NHTSA) analyzed by the Washington Post, Tesla’s Autopilot software has caused more injuries and fatalities than previously known: 17 deaths and 736 crashes since 2019.[8] With the growing popularity of self-driving and ADAS features in today’s automobiles, there is a growing concern about who is liable in the event of an accident.[9] The lack of regulatory guidance on ADAS technology creates challenges and opportunities for litigators.[10]

In October 2023, Tesla won the first U.S. trial over allegations that its Autopilot driver assistant feature led to a death.[11] On June 29, 2019, Decedent Micah Lee drove a Tesla Model 3.[12] The Plaintiff alleged Tesla’s Autopilot and/or Active Safety features were defective and thus caused Lee’s death.[13] The jury found there was not a manufacturing defect in the Autopilot system on Micah Lee’s 2019 Tesla Model 3.[14] Bryant Walker Smith, a University of South Carolina law professor, said the case outcome showed “our juries are still really focused on the idea of a human in the driver’s seat being where the buck stops.”[15]

However, several months later, in another similar case, also in California, the outcome was quite different[16] On March 23, 2018, evidence indicated that Decedent Huang was playing a video game on his iPhone when he crashed into a concrete highway barrier. [17] The Plaintiff alleged Tesla’s Autopilot feature led to the crash without the availability of an effective automatic emergency braking system.[18] In a court filing requesting to keep the sum private, Tesla said it agreed to settle the case to “end years of litigation.”[19] This time, Professor Smith said Tesla’s decision to settle was “striking” to him.[20]

In the case of self-driving cars, there is no clear definition of who the driver is, which makes it difficult to determine the responsible party for an accident and its associated consequences.[21] Despite safety-related liability, self-driving cars also face ethical dilemmas, such as the Trolley Problem.[22] Striking a balance between safety and ethical decision-making requires the combined efforts of researchers, engineers, policy makers, ethicists and society as a whole.[23]

 

Link to image source:

https://pixabay.com/photos/car-tesla-model-3-electric-car-8607713/

[1] Hearst Autos Research, ADAS: Everything You Need to Know, https://www.caranddriver.com/research/a31880412/adas/ (last visited June 7, 2024).

[2] Id.

[3] Driver Assistance Technologies, https://www.nhtsa.gov/vehicle-safety/driver-assistance-technologies (last visited June 7, 2024).

[4] Autopilot and Full Self-Driving Capability , https://www.tesla.com/support/autopilot (last visited June 7, 2024).

[5] Kelsey Mays, Which Cars Have Autopilot?(July 22, 2021), https://www.cars.com/articles/which-cars-have-autopilot-430356/.

[6] Self-Driving Car Accident Statistics, https://www.knrlegal.com/car-accident-lawyer/self-driving-car-accident-statistics/ (last visited June 7, 2024).

[7] Jessica Burgoyne, Adam Ramirez, ed., Tesla Autopilot Lawsuit (2024 Update), https://www.forbes.com/advisor/legal/auto-accident/tesla-autopilot-lawsuit/ (last updated: Feb. 8, 2024, 7:18AM).

[8] Sebastian Blanco, Report: Tesla Autopilot Involved in 736 Crashes since 2019 (June 13, 2023), https://www.caranddriver.com/news/a44185487/report-tesla-autopilot-crashes-since-2019/.

[9] Liability If Your Car’s Self-Driving/ADAS Causes an Accident (Nov. 10, 2023), https://www.ddhlawyers.com/2023/11/liability-self-driving-adas-causes-accident/.

[10] Iiona D. Scully et al. Safety and Regulatory Considerations of Advanced Driver Assistance Systems (ADAS), https://www.americanbar.org/groups/tort_trial_insurance_practice/committees/automobile-litigation/safety_regulatory_considerations/ (last visited June 7, 2024).

[11] Dan Levine & Hyunjoo Jin, Tesla wins first US Autopilot trial involving fatal crash (Oct. 31, 2023 9:58PM), https://www.reuters.com/business/autos-transportation/tesla-wins-autopilot-trial-involving-fatal-crash-2023-10-31/.

[12] Plaintiff’s Third Amended Complaint ¶ 18, Molander v. Tesla, Inc., No. RIC2002469 (Cal. Super. Ct. Riverside Cnty. June 26, 2020).

[13] Id. ¶¶ 34, 69.

[14] Molander v. Tesla Inc., No. RIC2002469, 2023 WL 7555361, at *1 (Cal. Super. Ct. Riverside Cnty Oct. 31, 2023).

[15] Dan Levine & Hyunjoo Jin, supra note 11.

[16] Tesla settles lawsuit over man’s death in a crash involving its semi-autonomous driving software, https://apnews.com/article/tesla-autopilot-lawsuit-settlement-f4c19ce05e17669de212fc262265e351 (last updated Apr. 9, 2024, 4:32AM).

[17] Id.

[18] Complaint at ¶¶ 24-25, 46, Huang v. Tesla Inc., No. 19CV346663 (Cal. Super. Ct. Santa Clara Cnty. 2019).

[19] Tesla settles lawsuit over man’s death in a crash involving its semi-autonomous driving software, supra, note 16.

[20] Abhirup Roy & Aditya Soni, Tesla settles case over fatal Autopilot crash of Apple engineer, https://www.reuters.com/legal/tesla-settles-case-over-fatal-2018-crash-apple-engineer-washington-post-reports-2024-04-08/ (last updated Apr. 8, 20246:49 PM).

[21] Tech and Legal Challenges the Autonomous Car Industry is Facing (May 18, 2018), https://www.aberdeen.com/blog-posts/tech-legal-challenges-autonomous-car-industry-facing/.

[22] Piyush Gupta, AI Ethics In Autonomous Vehicles: Balancing Safety And Decision-Making (Mar. 6, 2024), https://fpgainsights.com/artificial-intelligence/ai-ethics-in-autonomous-vehicles/.

[23] Id.