Not Foreseen
What makes the issue so tricky is that current law holds a car owner, often the driver, responsible for accidents, first and foremost. If an owner wants to blame the manufacturer, then he or she must prove the company was negligent in some way. But modern product-liability law didnt contemplate cars without drivers.
Theres going to have to be some changes to the laws, Strickland said. There is no such thing right now that says the manufacturer of the automated system is financially responsible for crashes.
And the owners of self-driving cars might not feel so responsible in a collision, especially if theyre sleeping in the back seat or, as Volvos Eugensson suggested, updating Facebook.
No Clarity
No one wants to be sued or be arrested for a crash that they were powerless to prevent, said Bryant Walker Smith, assistant professor of law at the University of South Carolina who has written extensively on driverless-car liability.
So the first owner of a driverless car to be in such an accident will have an opportunity to set a precedent by suing the maker of the autonomous system, which could be a car company or a technology firm. Such a case might also test current insurance-coverage notions, which presume that the driver is primarily responsible.
Anyone suing wont find much clarity in existing case law. A search of court records found limited litigation over autonomous features, such as automatic braking or lane-keeping, which steers a car back into the correct position if it crosses the line.