McArdle fears that liability issues will prevent the rise of driverless cars:
[E]ven if the overall number of accidents drops, the number of accidents where the automaker is perceived to be at fault will approach 100 percent. After all, they’re the ones who designed or installed the software that made the decision. And while in theory, a jury should be able to say, “Well, this was a hard design problem, you can’t make everyone happy, and this is an unfortunate tragedy,” in practice, this is unlikely. If the machine built by a corporation made a decision that killed or seriously injured a person, the jury is going to give the person money at the expense of the corporation.
These issues make me very worried for the future of driverless cars. Understand that I’d love to be wrong — I, too, want a car that will let me nap while it does the hard work. But I think this is a big hurdle for the nascent industry to jump. They may “jump” it by specifying that drivers are expected to be alert and at the wheel at all times. That would still be good from a safety standpoint — auto fatalities would fall a lot. But it would be far from The Dream.