Driverless Cars are Coming to Portland! Are We Prepared?

The Mayor has spoken.  He wants to see driver-less cars on Portland's streets and highways.   However, I think this is a little premature.  This is because, "It is all fun and games until someone gets hurt."  

Liability issues with these driver-less cars has yet to be adequately addressed here in Oregon.  Eventually one of these vehicles will get involved in a serious crash on an Oregon road.  If a person is injured in the crash unique liability issues are going to spring up.  Who is responsible for the crash in the crash asserts it was the driver-less' cars fault?  What happens if the vehicle suffers a mechanical failure or a software failure that causes the crash?  If that issue arises usually the injured person has no choice but to file a lawsuit, because none of the corporations that have been involved in these crashes will accept responsibility.

My biggest concern,  is the owner and manufacturer of any driver-less car involved in a crash will do anything and everything to deny any liability for causing the crash.  This is due to the fact that the public will lose any trust with the driver-less car industry if the driver-less car causes a crash or injury.  We are already sceptacle of these machines, as every machine will eventually break or malfunction. However, billion dollar industries rest on the success of these machines.  As a result, if there is any way corporations can protect this emerging industry they will do so.  This will mean they will likely fight tooth and nail and force people to file lawsuits that claim it was the driver-less vehicle's fault.  Hopefully, the CIty of Portland and the Oregon Legislature can draft laws to protect other drivers, pedestrians, and cyclist from an incident with a driver-less vehicle.

If you or someone you know are injured by a driver-less vehicle or autonomous vehicle, call Ross Law LLC at 503.224.1658.  

NO DRIVER, NO PROBLEM- UBER'S DRIVER-LESS CARS ROLL OUT IN PITTSBURGH

I have previously posted on the advent of driver-less cars and the various legal issues that arise from these driver-less cars.  In theory, driver-less cars are a great idea.  However, in practice you have to question whether or not they are a safer alternative to a human brain.  Software glitches, hardware malfunctions, and unforeseen circumstances can all have deadly consequences.  

I have also written on the various safety issues that ride share programs such as UBER pose.  Drivers assaulting passengers, drivers driving recklessly, and insurance issues that arise with ride share programs are all significant issues that have arisen since these companies began transporting people in Portland, Oregon.

It appears UBER is now attempting to mitigate the risk posed by driver's assaulting passengers, driving recklessly, and even the insurance issues.  UBER is now testing driver-less cars in Pittsburgh, PA.   The idea is that if you don't have to pay anyone to drive the vehicle then transportation becomes extraordinarily cheap.   

UBER has a driver-less car test-lab in Pittsburgh and is using the citizens of Pittsburgh as its test subject for this experiment.   The cars will be on the open road putting members of the public at risk.  Engineers assert these cars are specially designed to drive without a driver.  However these cars will have a "back-up" driver.   You have to wonder why is a back-up  driver necessary if the technology is safe.   

There are not any current plans to bring UBER's driver-less cars to Portland, Oregon.   However, should that occur we need to be ready to address the various safety issues that arise from driver-less cars.  I have concerns regarding the efficacy of the software and hardware.  I also have concerns over the proper maintenance of the vehicles and computer systems.  Lastly, I have concerns over the software not being able to account for the numerous tasks that a driver's brain performs.    We will see what happens....

If you or someone you know has been injured, assaulted, or killed by UBER, LYFT, or another rideshare program, please call Personal Injury Attorney Jeremiah Ross.  Ross Law offers free personal injury consultations.   Please call Ross Law at 503.224.1658.  Please refer to the article at this link  for information regarding UBER's driver less program.  

Self Driving Cars-Who is Responsible when there is a Crash?

The recent tragic death of a driver of a self driving Tesla has created another area of uncertainty in the litigation realm.  These cases appear unique and there are a handful that are being litigated around the United States.  I am not aware of any Oregon Cases where a vehicle on "auto pilot" caused a serious injury or death.  

RAW video and interviews from media event: Chairman on 30 Mile Highway Trip in Driverless Car Chairman Bill Shuster Will Join PennDOT Secretary Barry Schoch in Self-Driving Car from Cranberry to Pittsburgh International Airport Washington, DC - Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) will join Barry Schoch, Secretary of the Pennsylvania Department of Transportation, as Carnegie Mellon University¹s driverless 2011 Cadillac SRX transports them from surburban Cranberry to Pittsburgh International Airport.

These cases are unique products liability cases, because the cause of car crashes have historically been a driver's negligence.   Some vehicles have significant mechanical or electrical failures that have caused crashes, but the overwhelming majority of car crashes are caused by negligent humans behind the wheel.  Now this has all changed with the advent of the driver-less car.

Car companies are aware of this and the company Tesla is failing to concede its auto-pilot was the cause of a crash in Pennsylvania.  Instead, they have the typical response of "deny and deflect."  Tesla of course is denying it was the Tesla that caused the crash and Tesla is attempting to deflect the blame on the driver.   Tesla noted that "drivers are instructed to keep their hands on the wheel and maintain responsibility of the vehicle."

Tesla's instruction is what makes these cases interesting to legal geeks like myself.  This is a unique product that is marketed as "autopilot."  In reality, these vehicles are only partially self driving. The marketing coupled with the driver's expectations can create a sense of complacency for drivers.   Tesla must be aware of the driver's complacency.  However, what purpose does auto pilot serve if a driver still has to pay attention and keep their hands on the wheel?

Eventually an Oregon court will have to determine what legal theories are viable against certain defendants in failed autopilot car crashes.  Vehicle Manufacturers, Dealers, and the various companies that designed and programmed the software might all be viable defendants.   Products Liability claims, Negligence claims, Contractual causes of action, and maybe even Fraud may be proper Claims for relief depending on the facts of a specific case.   These cases may also be suitable for a Class Actions where numerous consumers have a common issue.

In the mean time, consumers can only hope manufacturers and software engineers are able to fix the bugs and glitches.  These bugs and glitches can result serious injuries and death, so their is no excuse for them to take every effort to protect their consumers and other people driving on Oregon's roads and highways. 

If you or someone you know have been injured in a crash where a car with auto-pilot was involved, please call Portland, Oregon attorney Jeremiah Ross at 503.224.1658.  Ross Law LLC is always happy to provide free personal injury consultations.  Please remember that the law is constantly changing.  This blog article is intended to create awareness of the safety issues wit driver-less cars and is not intended to be legal advice.