Autonomous vehicles (AVs) are shaking up the world of transportation, introducing innovations from personal self-driving vehicles to autonomous buses, street sweepers and commercial trucks. We are seeing an exciting shift in how we get from point A to B. However, this brings with it a suite of legal, regulatory and ethical challenges we must tackle to ensure these vehicles can seamlessly integrate into our existing transportation networks.
Challenges and acceptance
The AV sector has shown impressive growth, with the semi-autonomous segment of the market generating more than 90% of global autonomous vehicle revenue in 2020. Projections suggest this sector could be worth $60 billion by 2030. Despite this progress, we must address technological challenges head-on, including issues with sensor reliability, software glitches and the ability to navigate complex traffic conditions. These technical uncertainties have significant implications for legal liability and ethical considerations, particularly when determining responsibility in the event of an accident. As we plot the course of this new terrain, it is the manufacturers, regulators and key stakeholders who must build consensus on AV use.
Pros and cons
AVs offer numerous benefits, including the potential to reduce accidents caused by human error by up to 90%, significant cost savings in car crash-related expenses, improved traffic efficiency, increased accessibility to transportation and enhanced environmental sustainability. Yet, alongside these advantages, there are notable concerns. AVs are susceptible to hacking due to their reliance on computer hardware and software, and the initial cost of these vehicles may be prohibitively high.
The technology is not immune to machine error and ethical dilemmas, such as how an AV should behave in a potential accident scenario. Ultimately, our goal must be to guarantee the right frameworks are in place to navigate the transition smoothly while maintaining public trust and acceptance.
Legal liability and security concerns
The legal and regulatory landscape for AVs is currently a complex amalgamation of federal and state regulations. Federal agencies like the U.S. National Highway Traffic Safety Administration (NHTSA) set vehicle performance standards and ensure road safety. In contrast, state governments are responsible for driver licensing, vehicle registration and enforcing traffic laws. This dichotomy results in a patchwork of regulations that can vary widely from one jurisdiction to another. Furthermore, international considerations come into play as AVs have the potential to operate across borders. For AVs to operate smoothly and gain public trust, there is a pressing need for standardization and consistency in laws and regulations across jurisdictions.
Determining fault in the event of an AV accident is a multifaceted challenge, requiring a detailed analysis of the interactions between software and hardware, potential human intervention and the varying levels of vehicle autonomy. In cases where the AV's technology is found to be at fault, product liability laws may compel manufacturers to compensate for damages. Conversely, if human error or negligence is determined to be the cause, liability may fall on the individual operating or overseeing the vehicle. Legal frameworks need to evolve to appropriately assign responsibilities and ensure that manufacturers, software developers and operators are held accountable when necessary.
AVs depend on extensive data collection and storage for optimal operation, navigation and ongoing improvement. This data can include sensitive information about user travel patterns and preferences, leading to significant privacy concerns. Given the reliance on collection and connectivity, AVs are vulnerable to cyber threats. To address these issues, clear policies and regulations are required to ensure data protection, limit unauthorized access and provide transparency to users.
Ethical frameworks and insurance
Inspired by the traditional "trolley problem" that presents a choice between sacrificing one to save many or upholding individual rights, AV designers and engineers must program vehicles to make moral decisions in critical, split-second situations. Consider the conundrums they deal with on a daily basis:
- Prioritizing safety: Balance the safety of passengers inside the vehicle versus pedestrians and other road users outside the vehicle.
- Avoiding collisions: Minimize harm when a collision is unavoidable, such as deciding between hitting a pedestrian or swerving and risking the lives of passengers.
- Obeying traffic laws: Determine when it might be ethically acceptable to break traffic laws to prevent an accident or minimize harm.
- Mechanical failure: Decide on the course of action if the vehicle’s systems start to fail, such as whether to pull over immediately or try to reach a safer location first.
- Emergency vehicles: Respond when emergency vehicles are present, ensuring that the AV doesn’t impede their progress while also keeping passengers and other road users safe.
- Unpredictable human drivers: Respond to unpredictable or illegal actions by human drivers, such as deciding whether to yield to a driver running a red light.
- Access bias: Ensure accessibility to people with disabilities and not discriminating against certain groups of people.
- Road users: Interact with vulnerable road users like children, elderly people or animals.
While decisions are made for these and other ethical dilemmas, it is the role of insurance companies to develop insurance products for when things go wrong. The traditional auto insurance model centers on the driver’s actions and behavior. New types of risks and liabilities mean insurance coverage must adapt to cover potential software bugs or sensor and camera failures.
Insurance options such as dual policies that separate coverage for manual or autonomous driving modes are emerging as viable solutions to protect across differing operational contexts. There is also growing recognition that vehicle manufacturers may need to shoulder more of the responsibility, potentially leading to the introduction of their own insurance products tailored to the autonomous features of their vehicles.
Future outlook
The dream of AV fleets efficiently delivering people and things to destinations around the world has captured our imagination and has fueled billions of dollars in investment. In public transportation, autonomous buses and shuttles are undergoing trials and are being deployed in cities across the country, They are demonstrating the potential for efficient, reliable transit services, reduced traffic congestion, and an enhanced public transportation experience. Meanwhile, the commercial and freight transportation sector is witnessing the development and testing of autonomous trucks by entities such as Uber’s Advanced Technologies Group and TuSimple, aiming to boost efficiency, cut costs and alleviate the shortage of truck drivers.
Conclusion
We are on the brink of a massive shift in the way we get around, thanks to AVs. It is crucial we take a step back and think about what this means — not just for our roads but for society as a whole. The automotive industry is in for a wild ride, with changes needed in everything from car design and production to the business models we've relied on for years.
We need to be diligent, forward-thinking, and most importantly, we need to work together. Autonomous mobility is more than just a technological evolution; its success depends on our collective effort. We're not just passengers on this journey; we are drivers, decision-makers and guardians of a future where AVs make our roads safer and our lives better.
About the Author
Emily Main holds a B.S. in Telecommunications and J.D. in Compliance Law. With extensive experience in the application of technology in business, science and finance, Main has contributed to numerous publications and conferences. She is passionate about exploring the challenges, innovations and trends related to networking and system infrastructure, and is dedicated to sharing the latest advances with professional engineering audiences.
