by Patrick Appel
The legal issues are as complex as the technical ones:
Who will be responsible for their operation — the car companies or the drivers? What happens, for example, when a highway patrol officer pulls over a self-driving car? Who gets the ticket?
Tom Vanderbilt expands on this point in a recent post:
Take a scenario envisioned by [a RAND report]: “Suppose that most cars brake automatically when they sense a pedestrian in their path. As more cars with this feature come to be on the road, pedestrians may expect that cars will stop, in the same way that people stick their limbs in elevator doors confident that the door will automatically reopen.”
But what if some cars don’t have this feature (and given the average age spread of the U.S. car fleet, it’s not hard to imagine a gulf in capabilities), and one of them strikes a pedestrian who wasn’t aware the car lacked this technology? If a judgment is found in favor of the pedestrian, are we encouraging people to be less careful? Or simply hastening the onset of universal pedestrian-crash avoidance features in cars?