Self Driving Car Accidents, Who Is Liable?

Self Driving Car Accidents

As computer and vehicle technology continues to improve, more car manufacturers are opting to include some form of automated driving assist tech in their vehicles. When the famous electric car company Tesla, owned by Elon Musk, first announced its project to create fully autonomous vehicles, it raised safety concerns from the National Highway Traffic Safety Administration.

This didn’t stop other car brands from jumping in and developing their own autonomous systems in the hopes that one day we would have roads full of vehicles with advanced autopilot features.

Uber self-driving cars have been a dream for every automotive manufacturer ever since the 1930s in the United States when the first hands-off experimental vehicle was revealed to the masses. And while it never saw widespread commercial use, it paved the way for the autonomous driving systems we have right now. The same can be said for the famous cruise control system that many car models have in place today.

Nevertheless, the more technology for self-driving cars improves, the more concerns are raised over their safety. As consumers, we must make a conscious effort to educate ourselves on the truth of these so-called autonomous vehicles.

What is a Self-Driving Car?

Firstly, we want to dispel the myth that there are fully self-driving and truly autonomous cars on the road. As we said before, car manufacturers use these terms as nothing more than PR speak. No vehicle on the road today is fully autonomous.

Misleading nomenclature like “self-driving cars,” “automated cars,” or “autonomous vehicles” can lead to putting drivers at risk and has even led to fatal crashes. To understand the different levels of vehicle automation, we should look at SAE International’s (formerly Society of Automotive Engineers) sorting for car automation.

5 Levels of Automation in Self Driving Cars

Level 0

For level 0, the automated system might issue some warnings that do not control any key systems in the car. We can see level 0 automation in scenarios, such as our car computer displaying the check engine light or telling us we are low on gas.

Level 1

The driver and the vehicle share driving capabilities. Examples of this level of automation can be found in cruise control. In cruise control, the car maintains a set speed or what is known as Adaptive Cruise Control. Whereas speeding and braking are controlled by the computer systems of the vehicle, the driver is still in charge of the wheel.

Level 1 automation still requires the driver to take control of the vehicle to ensure that the car behaves correctly and to prevent error.

Level 2

In level 2, the onboard systems take control of every function of the autonomous vehicle. Acceleration, braking, and the steering wheel are controlled by the car itself. Nevertheless, the individual driver should still have their hands on the steering wheel and be prepared to take control in case the onboard computer encounters an error, such as not taking an obstacle into account or veering off-lane, making this a semi-autonomous vehicle.

The SAE advises that level 2 automation is not truly a driverless vehicle. Human drivers should always be prepared to go into manual control in case of emergencies. Drivers should also always be aware of their surroundings. Currently, most, if not all, “self-driving” vehicles fall in the level 2 category.

Level 3

With a level 3 automation system, the driver can safely turn their attention away from the vehicle and focus on other tasks of their interest, such as texting, posting on social media, or even watching a movie and playing video games on their vehicle.

The vehicle should be able to fully monitor its surroundings and be aware of National Highway Traffic Safety rules. Still, minimal attention by the driver will be required to take control when the vehicle tells its driver to do so. A level 3 system will treat the driver as a co-driver while still monitoring the vehicle. While no level 3 cars exist in the market today, there is indeed level 3 tech being developed like Traffic Jam Chauffeur.

Level 4

Level 4 is similar to level 3 automation, but on this level, the driver is not expected to monitor or take control of the vehicle. A level 4 system would even let the driver fall asleep during their trip, with the car handling every task expected from the vehicle.

However, these systems will only be applied to certain areas or routes, with the vehicle parking and aborting the trip if the driver does not take control outside of the geofenced area. A level 4 system could very well incorporate level 3 systems when going outside its limited area, in the case of commercial motor vehicles, and could see widespread use with so-called robot taxis or delivery drones.

Level 5

In a self-driving car, no human input is required, and the driver can drive manually, only if they want to. A level 5 vehicle would not be limited to a set area like a level 4 but would work anywhere, at any time, and under any weather condition.

Car manufacturers love to tout their vehicles as if they were level 5 platforms, but this technology is expected to be available in 2030 if technological and scientific advances continue at the speed they are right now.

The Dangers of a Self-Driving Vehicle

As we said earlier, while there are no truly autonomous vehicles on the road today, the systems that are being used by car manufacturers can still assist you with partial automation. An example of this is the newer General Motors Super Cruise System or Tesla Autopilot’s Full Self Driving (FSD). Tesla is expected to expand its testing capabilities soon. There are still foreseeable risks present for all these driving assist systems.

Below are some of the most prevalent dangers that could lead to self driving car accidents:

Obstacle Detection

Autonomous vehicle technology uses a variety of sensors to detect obstacles, traffic lights, road conditions, and the speed and direction of surrounding vehicles for the safety of the driver. Yet, dangerous weather conditions, heavy traffic, dilapidated road signs, or damaged vehicle tags make the car sensors unable to work properly. These could lead to motor vehicle accidents, as has been evidenced by the numerous Tesla models unable to detect highway barriers and their collision with parked vehicles.

The fear of fatality due to autonomous technology is not without merit. Elaine Herzberg, the first recorded pedestrian to have died due to a fatal accident caused by an autonomous vehicle, was hit by an Uber vehicle equipped with self-driving features, driving at 40 miles per hour.

Machine Learning Fallacy

No doubt, machine learning and artificial intelligence technology are becoming more prevalent in our everyday lives. Streaming services such as Netflix show us personalized recommendations based on an algorithm or smart refrigerators that notify us when our pantry is empty. These are just a few of the services and products where machine learning and artificial intelligence have impacted our day-to-day lives. The autonomous vehicle industry is using similar technology to recognize potentially hazardous situations.

But, with vehicle automation technologies still in their relative infancy, cars are still unable to react accordingly without human intervention when confronted by an unexpected situation. Until autonomous vehicles can behave with the same reaction time as humans during an anomalous situation, self-driving cars pose a potential threat to pedestrians, other vehicles, and even the drivers themselves should they get too confident with the systems now in place.

Cybersecurity Concerns

With all the data that self-driving cars must collect, there are some concerns from the National Transportation Safety Board about how to secure all these advanced driver-assistance systems regarding intrusion from a third party. If self-driving cars become prevalent on the open road, they would have to be able to communicate not only with each other but with the autonomous vehicle manufacturer or technology companies as well. This could make them vulnerable to cyberattacks.

With other areas of computing suffering cyber-intrusions, there is only a matter of time until someone decides to hack not only one vehicle but a whole convoy of them for nefarious purposes.

Complexities With Insurance Companies

Insurance issues regarding autonomous vehicles will become a complex matter. Normally, one would pay insurance liability to protect themselves in the case of auto accidents. But what would happen if the accident was not due to driver error but instead caused by the vehicle itself? This would become an issue of liability.

If self-driving cars were to become a mainstay, there could be instances of liability concerns. If the fault were to fall on the original manufacturer of the vehicle, we could see a price hike for vehicles, as well as a complex reform for how insurance works for the end-user.

The Case for Self Driving Cars

Cars with true autonomous features are still a long way from full consumer access. But as more manufacturers try to outdo each other with regard to these new advanced technologies, there’s no doubt that more autonomous vehicles will be hitting the road in the coming years. Nowadays, there are still both security concerns and consumer acceptance problems with self-driving vehicles.

The technology is still far from being completely viable, and for it to work as intended, most cars on the road would need to be autonomous vehicles. Experts agree that only about 10% of vehicles will be fully autonomous by 2034. Not only will conventional vehicles change, but also road construction. We would also have to move to some version of smart roads that can operate in tandem with self-driving vehicles to ensure total city safety.

We would recommend waiting until the tech is perfected to get a self-driving car. For now, it’s safer to continue with your traditional vehicle that’s equipped with all the safety precautions needed to ensure your experience on the road is as good as it can ever be.

In case you ever get into a self driving car accident, be it against a traditional vehicle or one of those futuristic self-driving cars, don’t hesitate to contact a self-driving car accidents lawyer

At Farahi Law Firm, we offer a free consultation and review of your case, contact us or call us at (844) 824-2955. We are available 24/7. Your well-being is our TOP priority

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