The rise and rise of Tesla has catapulted the electric vehicle market into the headlines. Sales continue to rise, technology continues to advance and fossil fuel vehicles are being phased out, but there are a number of issues to consider going forward. In 2018, the Centre for Connected and Autonomous Vehicles requested the Law Commission undertake a review into the use of autonomous vehicles on roads and in public places.
The Law Commission report
The Automated and Electric Vehicles Act 2018 currently dictates the issue of liability in relation to personal injury and RTA claims. There are a number of issues to take into consideration:-
User in charge
The law clearly defines an autonomous vehicle as one which has no input from the user in charge. However, if the user in charge is involved in any way with the act of driving, something as simple as monitoring the autonomous driving system because of bad weather, the vehicle is no longer autonomous. Consequently, if there was a road traffic accident in this scenario then the user in charge may be liable for any compensation.
Driver
If a vehicle is fully autonomous, then the EV manufacturer requires insurance to cover them in the event of defects that cause injury. There is also the issue of strict liability which means that manufacturers are still held to account even if they have done everything possible to remove a defect. However, if you pursue a personal injury claim involving an autonomous vehicle, you would need to prove that the vehicle failed to act as specified by the manufacturer. Where would you start?
Non-driving tasks
The Law Commission recommended that while a user in charge could not be prosecuted for injuries caused by a defective autonomous system, they could be pursued for non-driving tasks. This would involve issues such as maintenance of the vehicle, seatbelt safety, checking tyres and other similar actions. If it was proved that one or more of these non-driving tasks was wholly or partially responsible for injuries, the user in charge may be fully or partially liable.
How does this work in reality?
There is no doubt that the technology relating to electric vehicles is ground-breaking, the autonomous system’s mind-blowing but it is proving difficult to connect these new technologies with the law. Again, there are several issues that need to be addressed before we see a mass-market take-up of electric vehicles. These include:-
Holding manufacturers to account
The concept of holding manufacturers to account where a defect with the vehicle, or the autonomous driving system, resulted in an RTA is fairly straightforward. If we dig a little deeper, it becomes more complicated:-
Obtaining data from the manufacturer
In order to prove that the user in charge was not at fault, they would need to obtain data from the manufacturer to prove their point. While the law could in theory force manufacturers to make this information available, how long would this take?
Then there is the matter of the vast array of subcontractors involved in the creation of a vehicle and the autonomous system. While ultimately the car manufacturer would be liable, they may be able to claim joint liability with companies that provide software or physical components. How long would this take to resolve?
Jurisdictional issues
What if an electric vehicle was manufactured outside of the UK, shipped in and sold to UK customers? Would manufacturer liability be covered by the UK or the country in which the vehicle was originally manufactured? As we have seen with holiday personal injury claims, it can be difficult to pursue third parties in other countries.
Proving the vehicle was defective
The report also highlighted a potentially huge problem. Like many traditional vehicles, we would expect electric vehicles to be sold into the second-hand car market at some point in their life. With the best will in the world, components will become worn, software updates missed which means that the defect which caused the RTA, may not have been the fault of the manufacturer. How do you prove that?
Looking to the future
At this moment in time, the Law Commission recommendations are going through both Westminster and devolved parliaments in the UK. We know that the concept of a driverless vehicle is real and the practical realities mean within 12 months there could be numerous autonomous electric vehicles in the UK. Consequently, it is important that the various parliaments decide whether or not to accept the Law Commission recommendations and enshrine them in law.
This prompts the question if Westminster and the devolved parliaments are unable to approve the recommendations as they stand what next? Would the authorities need to undertake yet another review of the sector? This could potentially delay the introduction of self-driving vehicles into the UK and damage the country’s reputation as a potential force in the EV market.
Summary
On the surface, the matter of liability associated with accidents caused by autonomous vehicles seems fairly straightforward. The vehicle was in some way defective, causing the accident and therefore the manufacturer is liable for any road traffic accident claim. Obviously, those pursuing compensation would need to prove the vehicle was defective. This is just the first of many hurdles a claimant would need to overcome!
There is no doubt, apparently, that electric vehicles and autonomous/self-driving vehicles are the future. However, how these new modes of transport will be integrated into the current insurance and personal injury compensation systems is still something of a mystery.
