Who is responsible for accidents involving autonomous driving?

Many people have probably heard the question, "Who will be responsible if an accident occurs during autonomous driving?" The location of responsibility changes in complex ways depending on the circumstances at the time of the accident, such as when a human being intervenes or does not. Here, we will explain the causes of accidents that can occur during autonomous driving and who will be responsible for such accidents.

1. When the cause was the vehicle

If an autonomous driving vehicle is the direct cause of an accident, the vehicle manufacturer or the developer of the in-vehicle software may be held liable, for example if the vehicle does not respond properly due to a sensor failure or faulty or hacked software.

2. When the driver was at fault

Currently, in the case of Level 3 autonomous driving, the driver is expected to respond appropriately in an emergency. If an accident occurs due to failure to follow guidelines and safety precautions, the vehicle owner or driver may be held to a certain degree of responsibility.

3. When the cause is the road environment

Poor road maintenance may also be the cause of an accident. In that case, the responsibility will be placed on the national highway office, prefectural office, city hall, etc. that manages the road. For example, traffic lights may not function properly due to a power outage, or damage to the road surface may not be repaired.

4. When the cause was another vehicle or pedestrian

Accidents may also be caused by the negligence of other road users, such as cars other than autonomous driving vehicles, pedestrians, or bicycles. In the case of an accident caused by a car ignoring a traffic signal and crashing into an autonomous vehicle, or a bicycle suddenly jumping out into the road, the road users will be held responsible.

The above are just some examples of accidents that may occur, but it is important to recognize that accidents occurring during autonomous driving may vary depending on the circumstances at the time. If measures are taken, such as formulating guidelines to clarify the scope of responsibility in the event of an accident, this will help resolve the issue of responsibility for accidents involving autonomous driving.

Measures you can take in advance

As mentioned above, there are many different causes of accidents. So, what are some ways to avoid liability issues? Here are two ways to prepare for the unlikely event of an accident occurring.

1. Equipped with a "recording device" that can grasp the situation in the event of an accident

Make sure to install a data recorder in your vehicle so that data can be recorded in the event of an accident, allowing for an accurate analysis of the cause of the accident.

Many cars are already equipped with recording devices such as dashcams, but in addition, the safety standards require vehicles with autonomous driving level 3 or higher to be equipped with "automatic driving devices." It is important to record information that is not recorded by dashcams. Knowing circumstances such as "the driver operated the brakes just before the accident" can help determine responsibility for the accident and identify the cause. The safety standards already have requirements for automatic driving devices.

2. Define and "standardize" when the driver should intervene for each level of autonomous driving

For each level of autonomous driving, the vehicle's operating status must be constantly monitored using a camera system that displays the inside and outside of the vehicle. In addition, the scope of responsibility in the event of an unforeseen incident must be clearly defined and agreed upon in advance among the relevant parties.

For example, it is important to clearly define the scope of responsibility for all parties involved, such as by stating, "In the event of an accident involving a level 4 or 5 vehicle, it is desirable to clearly define the scope of responsibility."

Clarifying the scope of responsibility for accidents needs to be approached not only from a technical perspective, but also from legal and social perspectives. In the case of private autonomous driving cars, it is essential that vehicle manufacturers and drivers cooperate to take measures, and in the case of autonomous driving buses, bus owners, local governments, etc. must also cooperate.

Summary | Data recording and common understanding among parties involved are key to liability in autonomous driving accidents

autonomous driving The introduction of the "Mere Old Man" system brings many benefits, but accidents can occur for a variety of reasons. In addition, in many cases, the system is operated without clarification as to who is responsible in the event of an accident, which can lead to problems among the parties involved.

The main parties responsible for each cause of an accident during autonomous driving would be:

・When the cause is in the vehicle: Vehicle manufacturer, in-vehicle software developer
・When the driver is at fault: The vehicle owner or driver
・When the cause is the road environment: National highway office, prefectural office, city hall, etc. that manages the road
・When the cause is another vehicle or pedestrian: Traffic participants

The following methods can help you avoid liability issues:

- Installing data recorders in autonomous driving cars
Decide in advance who will be responsible in the event of an accident.

The causes and countermeasures mentioned here are only a few examples, but it will be necessary to continue to follow government trends, collect information about autonomous driving, and provide appropriate updates regarding issues of responsibility in the event of an accident.

In order to avoid any trouble regarding accident liability, implement measures and strengthen your system.

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