“Robots Cannot Be Charged With A Crime”

It’s not likely that legal issues regarding autonomous cars will be as much a hurdle as some think, but they will be somewhat of a story. In the New York Times article, “When Driverless Cars Break the Law,” Claire Cain Miller breaks down the potential future of civil and criminal culpability:

“In cases of parking or traffic tickets, the owner of the car would most likely be held responsible for paying the ticket, even if the car and not the owner broke the law.

In the case of a crash that injures or kills someone, many parties would be likely to sue one another, but ultimately the car’s manufacturer, like Google or BMW, would probably be held responsible, at least for civil penalties.

Product liability law, which holds manufacturers responsible for faulty products, tends to adapt well to new technologies, John Villasenor, a fellow at the Brookings Institution and a professor at U.C.L.A., wrote in a paper last month proposing guiding principles for driverless car legislation.

A manufacturer’s responsibility for problems discovered after a product is sold — like a faulty software update for a self-driving car — is less clear, Mr. Villasenor wrote. But there is legal precedent, particularly with cars, as anyone following the recent spate of recalls knows.

The cars could make reconstructing accidents and assigning blame in lawsuits more clear-cut because the car records video and other data about the drive, said Sebastian Thrun, an inventor of driverless cars.

‘I often joke that the big losers are going to be the trial lawyers,’ he said.

Insurance companies would also benefit from this data, and might even reward customers for using driverless cars, Mr. Villasenor wrote. Ryan Calo, who studies robotics law at the University of Washington School of Law, predicted a renaissance in no-fault car insurance, under which an insurer covers damages to its customer regardless of who is at fault.

Criminal penalties are a different story, for the simple reason that robots cannot be charged with a crime.”

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