The advent of technology has significantly and permanently impacted most aspects of our lives. Travel is no exception, with distances feeling shorter than ever with the development of high-speed, comfortable and convenient modes of transport. The latest innovation in the transport field comes in the form of self-driving vehicles - with brands like Tesla, Mercedes, Audi and Google leading the way in this booming sector.
However, the unease associated with effectively handing over control of your life to a vehicle has given rise to numerous conundrums, some of which are of a legal nature. With many members of the public turning to self-driving cars as their next big buy, this article aims to examine the legal ramifications associated with self-driving vehicles with a focus on the concept of liability, and to spread awareness among the general public about the same.
In August 2022, then Transport Secretary Grant Shapps launched a Roadmap intending to place the UK at the forefront of autonomous vehicle development by 2025. This Roadmap outlined various key dates, policies and targets - including the exciting announcement that vehicles with self-driving features could be allowed on large roads by 2023. The planned funding package includes 35 million pounds for safety research - which would complement the new laws that are due to come into force by 2025. As per a report by SMMT (the country’s primary source of vehicle data), the autonomous vehicle trends in the United Kingdom show signs of rapid growth. They estimate a 62 billion pound boost to the UK economy by 2030 as well as the creation of 420,000 new jobs in the UK due to this sector.
It is clear that self-driving cars are no longer just a distant dream and they might just be your next car upgrade. However, they are not risk or problem-free. Mainstream drivers have already experienced the excruciating pain of dealing with liability and filing for insurance claims after a car accident. The prospect of self-driving vehicles opens up a plethora of unprecedented questions in this area.
What would happen if your self-driving car was to be in an accident? What if a self-driving car crashes into your manually driven car? Or if both the cars in a crash are self-driving? Surely you shouldn’t be liable because you are driving a car and the other car happens to be self-driven with a minimal margin for error - or should you?
The liability of autonomous vehicles, ie whose fault it is when there is an accident, is relevant here and will be examined in a way that will help you understand your rights concerning autonomous vehicles.
In the United Kingdom, the current legal framework on liability in road traffic incidents was designed with something other than self-driving technologies in mind. Car manufacturers, aware of this gap, have also stepped up to address liability concerns. Manufacturers such as Volvo and Mercedes have announced that they would accept liability for their cars when they operate in self-driving mode. This follows the e government’s Roadmap mentioned above (which itself contradicts the policies of other nations that currently allow self-driving cars), by placing liability on the car manufacturer rather than the driver. "The legislation would state manufacturers are responsible for the vehicle’s actions when self-driving, meaning a human driver would not be liable for incidents related to driving while the vehicle is in control of driving," a government statement said.
To break down the legal jargon, it means that any incident that occurs when your car is engaged in self-driving mode would be the fault of the car manufacturer, not your own. The United Kingdom proposes to include firm definitions in its policies. For example, in a self-driving car, the person in the driving seat would no longer be a driver but a “user-in-charge”. The Authorised Self-Driving Entity (or ASDE) that had the vehicle authorised would have responsibility for it. Some vehicles may be authorised to drive themselves without anyone in the driver's seat. Instead of having a user in charge, a licensed operator would be responsible for overseeing the journey.
This is in contrast to the legal system in the US, where liability can still fall upon the driver in certain situations. These include a situation where the car is not fully serviced or updated with the latest developments to ensure optimisation and minimal risk, as well as if the driver has the car on autopilot and the accident occurs then. Since the United Kingdom does not have any current primary legislation on the matter or relevant case law regarding the same, it will likely implement similar exceptions to liabilities failing on the carmaker.
In summary, new legislation will be enacted to cover legal issues concerning self-driving vehicles. As long as the car remains on autopilot, liability for any accidents is likely to fall on the manufacturer rather than the driver. While no legislation is enacted as yet, it is expected that legal developments will be implemented at a rapid pace with the aforementioned Roadmap.
Rishit Singh and Hrishikesh ChaudhuriFirst year LLB student at Queen Mary University of London