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Who is to blame if a self-driving car crashes? Liability for accidents in AV hangs loose

Most drivers are well aware of the unpleasant experience of assessing blame and navigating insurance claims after a car accident. But what if an accident occurs and there is no driver involved?

This hypothetical is quickly approaching as the technology behind self-driving cars advances and countries worldwide prepare for more automation on the roads. This month, the United Kingdom unveiled a new roadmap to usher in self-driving cars by 2025. The plan makes clear that the manufacturer of an automated vehicle (AV)ā€”not the driverā€”will be held liable for accidents that might occur when the car is in self-driving mode.

ā€œWe want the UK to be at the forefront of developing and using this fantastic technology,ā€ said Grant Shapps, the UK transport secretary. ā€œThat is why we are investing millions in vital research into safety and setting the legislation to ensure we gain the full benefits that this technology promises.ā€

The UKā€™s plan, which will consist of new legislation, comes as a global patchwork system of regulations emerges, with various countries enacting different policy frameworks.

France, for example, was one of the first countries to approve a nationwide regulatory regime for self-driving cars. The policy, set to go into effect in September, waives liability exposure for drivers when vehicles are self-driving. Germany and Japan have also legislated various levels of liability protections for users of automated vehicles.

In the United States, regulation is fractured as policy-making has largely been delegated to state governments. This has allowed liability concerns to remain rather ambiguous, with drivers being held responsible at times. In 2019, for instance, two people were killed in an accident that involved a self-driving car. In January of this year, the man in the vehicle at the time of the accident was charged by the state of California with vehicular manslaughter, the first criminal prosecution of its kind.

However, there is a push for the US federal government to create a universal framework for self-driving cars that will update regulations, enshrining safety standards and various legal responsibilities like liability protection. In April, a dozen lawmakers sent a letter to the US Department of Transportation, urging the agency to develop a comprehensive federal policy for AVs.

ā€œRemoving scaling barriers, such as outdated regulations, will speed positive impact,ā€ said Maya Ben Dror, the World Economic Forumā€™s industry manager for automotive and new mobility. ā€œIt is not surprising to see the UK, a global leader in inclusive AV policy making, releasing an informed liability update.ā€

Car manufacturers have also taken steps to address liability concerns. In 2015, Volvo announced that it would accept liability for its cars when they operate in self-driving mode. The Swedish car maker was one of the first major producers to make such a pledge.

Advocates hope that with proper development and safety guardrails, self-driving cars can make streets significantly safer, for both drivers and pedestrians. The new UK framework allocates Ā£34 million for more safety research.

ā€œAssisted driving systems, for example, autonomous emergency braking and adaptive cruise control, are already helping millions of drivers stay safe on the roads,ā€ said Edmund King, president of the Automobile Association, an industry organization in the UK. ā€œThe ultimate prize, in terms of saving thousands of lives and improving the mobility of the elderly and the less mobile, is well worth pursuing.ā€

Yet as with liability protections, self-driving car safety standards are also instituted in a more patchwork fashion.

ā€œGlobally, there is limited consensus on how to define milestones for AV safety, since the problem of defining safety invariably becomes a function of the operating environment,ā€ the World Economic Forumā€™s Safe Drive Initiative notes in its report Creating Safe Autonomous Vehicle Policy.

Spencer Feingold, Digital Editor, Public Engagement, World Economic Forum

The article originally appeared in the World Economic Forum.


Also read: Byton, BYD, SAIC, Nio, XPengā€”Chinaā€™s electric car industry is locking horns with USā€™ Tesla


Source: The Print

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