Michigan is one of the first states in the nation to allow the testing of self-driving vehicles on the roadways, giving Michigan the potential to be a leader in the driverless car industry.
A new law that recently went into effect allows driverless cars to be operated on Michigan roadways. Previously, a person had to be in the self-driving vehicle, to grab the steering wheel if anything went awry. But now, a human is no longer required in the automated vehicle.
Currently, Michigan is still in the testing phase when it comes to driverless cars, as these vehicles aren’t publicly for sale (yet). The good news is that, if self-driving technology proves successful, it is predicted that fewer people will be injured in auto accidents because fewer people will be driving cars.
But driverless cars also present a host of legal concerns, especially when an automated vehicle is involved in an accident.
One concern is the fact that Michigan law is not keeping up with the driverless car technology. For example, who owns the self-driving car if there’s an accident? The manufacturer? The person who ultimately purchased the car?
An even bigger question is, who actually operates a self-driving car? Under Michigan law, a vehicle’s owner and operator are liable for accidents. But who is the real operator of a driverless car that runs a red light and hits another vehicle, or strikes a pedestrian on the side of the road? Right now, these questions cannot be answered with any certainty.
Some legal analysts believe that accidents involving driverless cars may turn into product liability cases, with it being argued that the design of the product – the vehicle’s computer technology – is defective in some way. However, product liability claims are difficult to prove. To be successful, it would have to be shown that there was a defect in the computer software, and this would require testimony from computer technology experts – an expensive undertaking.
Another important question is this: how does driverless car technology affect Michigan auto no-fault insurance? Right now, the rule is that drivers turn to their own no-fault coverage for their auto accident injuries. But what if you don’t own a car (and therefore don’t have no-fault insurance) because you use driverless Uber all the time? If you’re in a car crash, who pays for your injuries?
A lot of unanswered questions lie ahead for Michigan residents. In the long run, the law will need to catch-up with the driverless car technology, and issues involving self-driving vehicles will have to be resolved without turning every auto accident into a lengthy investigation into software computer codes.
