Driverless car manufacturers have been promising their cars
will be safer without a driver to commit human error. But an autonomous vehicle
crash in Arizona last week killed a pedestrian and raised the question if
self-driving cars are ready for the road.
On Sunday night, March 17, 2018, an autonomous vehicle
operated by Uber struck and killed a women walking on a street in Tempe,
Arizona. The vehicle had a backup emergency driver behind the wheel, but that
driver apparently was not able to react to the presence of the pedestrian. A report
indicated the vehicle was traveling approximately 40 miles per hour and did not
slow prior to the collision.
Arizona and Michigan Welcome Autonomous Vehicle Testing
Like Michigan, Arizona’s governor, Doug Ducey, has been
working to find ways open his state up to developers and self-driving vehicle
manufacturers, including Waymo and Uber. In 2015, he used an executive order to
create a regulation-free environment for testing.
Michigan legislators have acted to promote autonomous
technology and testing as well. However, in this state this took the form of a 2016
set of laws authorizing the purchase and use of self-driving cars assuming
those vehicles had passed national regulatory standards.
Federal lawmakers have taken up the matter as well, considering
a set of nationwide
safety standards and preventing states from regulating autonomous vehicles
more closely. A bill is currently being considered by the Senate in Washington
(it has already passed the House). On September 12, 2017, the National Highway
and Transportation Safety Administration (NHTSA) released a revised
set of voluntary guidelines for the self-driving vehicle industry. The revisions
put the development of safety standards in the hands of the manufacturers themselves.
Arizona, for its part, has chosen to leave regulation of the
autonomous vehicle industry to the federal government. John Halikowski, director
of the Arizona Department of Transportation had previously told the New York
Times:
“We shouldn’t be getting in the way by prescribing regulations when we really don’t know how the equipment will perform.”
Tempe Accident Adds to a List of Self-Driving Crashes
The autonomous vehicle crash appears to be the first
pedestrian death related to testing of self-driving technology. But it was not
the first time an autonomous or semi-autonomous vehicle was involved in a motor
vehicle accident. In 2016, Joshua Brown was killed
in Florida when his Tesla Model S Autopilot feature failed to brake for a
semi-truck turning in front of it. Around the same time, a Michigan resident
Albert Scaglione’s Tesla Model X SUV collided with a concrete barrier.
Both of those vehicles were using a fully automated radar
and camera system developed by Tesla to allow their vehicles to steer
themselves for short periods of time. The company included a warning that
drivers needed to keep their hands on the steering wheel and remain alert even
while using the device.
Even Uber’s Arizona tests haven’t been without casualties. On
March 24, 2017, Alexandra Cole and her 2008 Honda CRV was in an autonomous
vehicle crash with Uber’s self-driving Volvo SUV. The self-driving car was
flipped onto its side and struck two more cars waiting at the intersection. However,
a police investigation into the crash determined that the self-driving car was
not at fault for the accident, and the tests continued.
Autonomous Vehicle Crashes Raise Questions About Safety
No one in Arizona’s government, or at the national level,
seems prepared to enforce safety regulations on self-driving vehicles. But following
the fatal pedestrian accident in Tempe, Uber quickly and voluntarily suspended
its testing in Tempe, Pittsburgh, San Francisco and Toronto. Even though there
are still only a handful of autonomous vehicle accidents, the crash served as an
abrupt and violent reminder that self-driving technology is still experimental
and not ready for consumer sales.
Dani K. Liblang is a lemon law lawyer at The
Liblang Law Firm, PC, in Birmingham, Michigan. She helps the victims recover
damages from defective vehicle malfunctions. If you have been seriously injured
by a car, contact The Liblang Law Firm, PC, today for a consultation.
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