The world of autonomous vehicles is a fascinating and complex space, and the legal implications of their use are a topic of much debate and discussion. As Tesla and other car manufacturers push the boundaries of technology, the question of liability in the event of a failure becomes increasingly important. In this article, I will explore the legal implications of car technology failures and the potential for legal battles to arise in the future.
The Grey Zone
The current legal landscape is a bit of a grey zone when it comes to autonomous vehicles. While the driver is ultimately responsible for the operation of the vehicle, the question of liability becomes more complex when technology fails. As Andrew Awwad, a senior associate at Shine Lawyers, points out, we are in a 'watch this space' situation when it comes to the development of technology versus the development of legislation and common law.
Legal Battles in the US
In the US, where more advanced technology is already on the roads, legal battles are mounting. Tesla has been ordered to pay $243 million to the victims of a fatal crash involving an Autopilot-equipped Model S, and has also settled another lawsuit over a fatal crash in Arizona involving a Model Y using Full Self-Driving technology. These cases raise the question of whether the carmaker or technology provider should also shoulder some of the blame.
The Australian Context
In Australia, the legal starting point remains straightforward. Motor accident injury claims are dealt with under the Motor Accident Injuries Act 2017, and motorists involved in crashes while using hi-tech systems would still fall under the existing compensation framework. However, as technology evolves, the law will have to continue evolving with it.
The Future of Autonomous Vehicles
The Federal Government is working with states and territories on a new regulatory framework for automated vehicles, which should enable their conditional deployment in select locations by 2027. This framework will include a new Commonwealth Automated Vehicle Safety Law, along with changes to the Australian Road Rules and other existing laws. However, Aussies aren't exactly rushing to hand over the wheel, with only 1% of drivers saying they'd feel comfortable with fully autonomous vehicles or rideshare vehicles.
The Role of Technology
Motorists appear far more comfortable with technology when it helps them rather than takes over. More than one in four said they'd be comfortable with AI monitoring their car's performance and alerting them to potential problems. However, the focus needs to be on introducing these technologies in a way that prioritises safety, transparency, and customer confidence.
Conclusion
In conclusion, the legal implications of car technology failures are a complex and evolving topic. While the driver is ultimately responsible for the operation of the vehicle, the question of liability becomes more complex when technology fails. As autonomous vehicles become more prevalent, the law will have to continue evolving to keep pace with technological advancements. From my perspective, the key takeaway is that no matter how clever your car is, staying switched on and understanding the technology is crucial to ensuring safety on the roads.
