By Winifred E. Campbell
Uber unleashed a fleet of self-driving Ford Fusion Hybrids in the city streets of Pittsburgh this month. In this initial phase of testing, Uber is looking to gain information about rider experience, helping to determine what makes a rider feel comfortable and confident. An Uber employee will ride along behind the wheel during the testing phase in case he or she needs to take control of the car. Uber plans to add 100 Volvo XC90s before the end of the year.
There are many advantages to driverless technology. Driverless vehicles are expected to have a positive impact on lowering the death rate on American highways. Ninety people die on average every day in the United States in motor vehicle accidents, and 94% of those accidents are caused by human error, according to the National Highway Traffic Safety Administration. Traffic accidents are the biggest killer of people between the ages of 16-25. Thousands of lives could be saved every year by incorporating driverless vehicles.
Another advantage is the access to mobility for the disabled and elderly. Having to rely on others to drive you everywhere you need to go is in the least, inconvenient, leads to isolation, and also has negative effects on a person’s independence and ability to gain employment. This week, Sam Schmidt, a former Indy Racing League driver who was left paralyzed from the neck down after an accident, was issued the first license restricted to an autonomous vehicle (human input is required). His modified vehicle is controlled by head motions, and does not require hands on the wheel or feet on the pedals. The vehicle accelerates when Schmidt breathes into a tube, and it brakes when he sucks the air out.
With all that can be gained, questions are also raised. Henry Ford’s great-grandson, Bill Ford, the executive chairman at Ford Motor Co., is asking automaker executives tough questions about how driverless cars should behave. These cars will process data and make decisions much faster than a human. But accidents are still going to occur. If a driverless car has to choose between the lesser of two evils—particularly where lives are at stake—how should it be programmed? Some suggest that the default should be to protect the passengers riding in the car.
The U.S. government is trying to stay ahead of the industry, or at least, to work along-side it. In an attempt to avoid a patchwork of state laws, the U.S. Transportation Department released a 15-point safety guideline this week. The government is seeking feedback from developers, the auto industry and the public. As with most innovation, society must be mindful of safety without stifling progress.
In our litigious society, the potential for lawsuits related to accidents involving driverless vehicles already has lawyers and law makers thinking. Who is on the hook? The passenger, the programmer who created the software, the company that owned the fleet of driverless cars, the car manufacturer?
On one hand, traditional tort law has faced new technology and innovation before, handling it through various legal mechanisms. For example, tort law includes well-developed bodies of law for design-defects, negligence, failure to warn, product defect, and breach of warranty. However, what if excessive litigation ensues? As with ethical considerations, a balance must be struck. If car makers and software programmers are spending huge amounts of money on frivolous lawsuits, the entire industry, and progress, will suffer. The courts and lawmakers may look to create limits on liability, possibly compensation funds for victims, or even specialized courts or administrative courts geared toward fast-tracking resolution of such cases.
There’s no doubt that our society is moving toward driverless cars. We may find in ten (10) years that most people do not own a car. Instead, we may rely on depots of cars just waiting for our call to come and get us and to take us where we need to be. Highways may go from providing high-occupancy vehicle (HOV) lanes to driverless car lanes. Uber’s pilot program in Pittsburgh is just the beginning.