Year: 2021
Type: article
Abstract: Artificial intelligence is prevalent in smart technology, reaching from the simple use of a cellphone to life-saving medical equipment.However, one application of artificial intelligence, self-driving cars, remains unregulated yet highly anticipated.Self-driving cars, or autonomous vehicles as used interchangeably, is an expanding market and technology.With many leading car manufacturers implementing limited artificial intelligence applications in their cars and announcing plans for future fully self-driving cars, self-driving cars may be closer to driving along American roadways than previously anticipated.1 Self-driving cars are an emerging technology with little to no regulation in development and use.Regulation is still not agreed upon at a national level, with differing opinions regarding potential liability issues and the amount of information that should be made public in the interest of protecting trade or design secrets.While a majority of states have begun to enact regulations that address the use of self-driving vehicles, uniformity at the federal and state level is currently not present.2 The Federal Automated Vehicles Policy along with the United States Department of Transportation only provide guidance to states on recommendations for regulation, with no clear 1 Nick Kurczewski, Cars that are almost self-driving, US News (October 22, 2020), https://cars.usnews.com/cars-trucks/cars-that-are-almost-self-driving 2 Lance Eliot, Florida Eases Self-Driving Car Rules: Are States and Cities on the Hook for Mishaps?, Forbes (June 18, 2019), https://www.forbes.com/sites/lanceeliot/2019/06/18/florida-eases-self-driving-car-rules-are-states-and-cities-on-the-hook-for-mishaps/?sh=185b8eda26c1 answer as to when legislation may be drafted or legislated at the federal level.3 While fully selfdriving cars are still in development, there is limited information as to the technology behind self-driving cars that has created a lack of transparency.4 As artificial intelligence continues to advance significantly and rapidly, the question of liability has been debated among engineering and legal communities alike.With the potential for artificial intelligence applications to express intent, and the capability for particular applications to take control away from humans, scientists and legal scholars have discussed and argued theoretical frameworks for how liability would be determined regarding the use of highly advanced applications.One potential legal framework that the United States should ultimately adopt for the liability of self-driving cars is the notion of electronic legal personhood.The development, manufacturing, and use of self-driving cars is in need of stricter regulation.Potential benefits of stricter regulation will be explored through examining existing legal frameworks and potential legal frameworks as highlighted through the leading example of regulation by the European Parliament. 5 As machines that may be capable of expressing intent, registering emotion, and, as some research suggests, sentiency, self-driving cars should ultimately be deemed electronic legal personhood status in the United States.With a focus upon fully automated self-driving cars involved in traffic accidents, the question of who should be liable in the case of a self-driving car accident will be addressed.Sections A and B will consider fully self-driving cars, and how traditional liability frameworks 3 Department of Transportation, Preparing for the Future of Transportation: Automate Vehicles 3.0 (September 28, 2018), https:
Author: Carroll, Kimberly
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6996650933