Quotulatiousness

June 18, 2014

The liability concern in the future of driverless cars

Filed under: Law, Technology — Tags: , , , — Nicholas @ 08:04

Tim Worstall asks when it would be appropriate for your driverless car to kill you:

Owen Barder points out a quite delightful problem that we’re all going to have to come up with some collective answer to over the driverless cars coming from Google and others. Just when is it going to be acceptable that the car kills you, the driver, or someone else? This is a difficult public policy question and I’m really not sure who the right people to be trying to solve it are. We could, I guess, given that it is a public policy question, turn it over to the political process. It is, after all, there to decide on such questions for us. But given the power of the tort bar over that process I’m not sure that we’d actually like the answer we got. For it would most likely mean that we never do get driverless cars, at least not in the US.

The basic background here is that driverless cars are likely to be hugely safer than the current human directed versions. For most accidents come about as a result of driver error. So, we expect the number of accidents to fall considerably as the technology rolls out. This is great, we want this to happen. However, we’re not going to end up with a world of no car accidents. Which leaves us with the problem of how do we program the cars to work when there is unavoidably going to be an accident?

[…]

So we actually end up with two problems here. The first being the one that Barder has outlined, which is that there’s an ethical question to be answered over how the programming decisions are made. Seriously, under what circumstances should a driverless car, made by Google or anyone else, be allowed to kill you or anyone else? The basic Trolly Problem is easy enough, kill fewer people by preference. But when one is necessary which one? And then a second problem which is that the people who have done the coding are going to have to take legal liability for that decision they’ve made. And given the ferocity of the plaintiff’s bar at times I’m not sure that anyone will really be willing to make that decision and thus adopt that potential liability.

Clearly, this needs to be sorted out at the political level. Laws need to be made clarifying the situation. And hands up everyone who thinks that the current political gridlock is going to manage that in a timely manner?

Quite.

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