Look Ma, no hands – or driver for that matter.
What comes to mind when you hear the term, self-driving car? A person asleep at the wheel, allowing their car to carry them to their destination? An Uber pulls up, you open the door to get in and the car is empty, basically a robo-taxi? Self-driving cars actually have a few levels of sophistication. For instance, cruise control, lane assist, and GPS are all examples of self-driving technology.
Autonomous vehicle refers to both:
· Vehicles that have self-driving capabilities, utilizing sensors, global positioning coordinates, and other technology to perform the mechanical operations of a vehicle, while a licensed driver is sitting in the driver’s seat monitoring the operation of the vehicle.
· Fully automated, driverless vehicles.
The following chart explains the different levels of autonomous.
The future of self-driving cars, referred to as autonomous vehicles, is upon us. With regards to what-ifs and liability, hands-free driving and driverless cars conjure up a host of interesting scenarios. One might think the scenarios would be numerous and complicated.
“You can’t blame me officer, I didn’t run that red light, my car did.”
“Had I been driving; I would’ve stopped in time, but I was merely sitting in
the driver’s seat. My car rear-ended that vehicle, not me.”
“You’re telling me we can’t go after the other driver because there was no one driving that car?”
“Do you think our driver is a safe driver on these wet roads?” “What driver?”
LAWS
While self-driving cars are legal in all states, only 29 have laws governing their use. And the laws for autonomous vehicles vary from state to state. Some states have attempted to pass laws but failed. Other states have yet to address the issue. No state has outlawed them. There are no federal laws concerning self-driving cars.
One might think the increase in autonomous vehicles would create a nightmare in the world of auto insurance, liability, and personal injury, much the same as electric bikes and electric scooters. Not necessarily. Currently, autonomous cars require the same types of insurance and coverage as their hands-on counterparts. There isn’t enough research or data from autonomous vehicle accidents to warrant any changes in coverage. I feel this will undoubtably change as more self-driving cars appear on the highways and data is collected. If you have a self-driving vehicle, it’s probably a good idea to increase your coverage as much as possible, just to be safe. (That’s actually a good idea with any vehicle in NJ.)
NEW JERSEY
In NJ, it’s fairly cut and dry. Fully automated, self-driving cars are not available for purchase or allowed on public roads. Some institutions are testing them and there are stringent requirements surrounding that testing. Other forms of self-driving vehicles are allowed.
Bill A1591 introduced on 1/9/2024 clarifies that owners of self-driving motor vehicles must comply with existing insurance requirements. Self-driving vehicles must comply with the New Jersey Automobile Reparation Reform Act and the requirements to maintain liability insurance and personal injury protection benefits.
WHO IS RESPONSIBLE FOR ACCIDENTS INVOLVING SELF-DRIVING CARS?
Liability and negligence issues can get detailed and tricky and it’s best this layman stays out of the legal arena. But suffice it to say that one requirement of owning a self-driving vehicle is that the operator must be “seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and is capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency”.
I would imagine any accident involving a self-driving car would require a good deal of investigation. I would further surmise that if that investigation revealed that the driver of the self-driving car was not monitoring safe operation of the vehicle, and it was determined that the driver was 50% or more responsible for the accident, then that driver could not recover any compensation or award against the other vehicle.
One thing that might change in New Jersey with the increase in self-driving cars is the incidence of road rage. As self-driving cars increase, will road rage decrease? An interesting topic to ponder.
As for me, I think I will stick to driving the car myself. Whether I’m at an age where I don’t trust these “new-fangled” machines, I’m not good at giving up control, or I just need to drive to avoid car sickness, I don’t see myself kicking back and letting my car take over. Hell, I’m not even comfortable using cruise control. I travel 295 to and from work, a half hour in each direction. Some days I count my blessings I got to work in one piece. You can’t tell me a self-driving car is going to notice the jack-ass who cuts off 3 cars, switching form lane to lane to get in a better position like an Formula 1 driver. You can’t tell me a self-driving car is then going to drive more aware and defensively so as not to get hit by the moron.
Please, be careful out there and keep your eyes on the road.
Yours in health.
Dr. Mark A. Bolinger
