Criminal Matter or Product Liability Case?

In January of 2022, a criminal case in California was filed against a driver who was involved in a fatal collision while operating his self-driving autonomous vehicle (AV). A self-driving car, also known as an autonomous vehicle, is defined as a driverless car that can sense its environment and moving safely with little or no human input. In 2019, two people lost their lives when the driver ran a red light while using his Tesla’s autopilot AV system. He has since been charged with vehicular manslaughter, and the criminal charges filed against him are among the first to involve a driver using AV technology.

Man vs. Machine

The autopilot system was not mentioned in the charges against the 27-year-old man because this is a criminal case. Criminal law addresses the behavior of individuals, not the malfunctioning of machines. However, the question remains, is this also a product liability case? Is it possible that the defense attorneys will argue this point and attempt to hold those who designed and/or manufactured the AV technology liable for the death of the two individuals? Or will prosecutors claim that our automobiles AV systems are within human control, and it was the driver’s responsibility to maneuver his car safely?

Elon Musk Promises to Add New Software to Tesla

Tesla’s Chief Executive Officer, Elon Musk recently said Tesla’s most important products this year and next will not be cars, but the new software that drives cars autonomously.

Philip Koopman, a Carnegie Mellon University professor who is working on autonomous vehicle safety, commented on the risks of self-driving vehicles and said, “Without a human driver to handle safety for novel situations the machine learning hasn’t been taught already, it’s very difficult to ensure safety in a completely automated vehicle.”

When Tesla added video games in a software update that was sent to most of its cars in the summer of 2021, Jonathan Adkins, the executive director of the Governors Highway Safety Association, which coordinates state efforts to promote safe driving said, “It’s a big concern if the game plays in view of the driver.” Tesla’s new video games that can be played by either the driver or by a passenger from the dashboard have raised questions about whether Tesla is compromising safety as it rushes to add new technologies and features to its cars. Tesla and the entire auto industry are facing now major challenges in this arena, from technology to regulation.

New Legislation to Address Autopilot Systems is Necessary

AV safety risks continue to be discussed by our lawmakers. The House Transportation and Infrastructure Committee’s Subcommittee on Highways and Transit recently addressed the future of AVs and how to reduce injuries and fatalities on our roads and highways. Those on Capitol Hill recognize the importance of passing new legislation to establish minimum performance standards and enforce safeguards to protect the public. Now our lawmakers must get to work to ensure the safety of all those who use our nation’s roadways and protect everyone from those who rely solely on their AV systems to navigate their vehicles.