At The American Institute for Economic Research Caleb Fuller argues that we should just let the market decide on fully autonomous vehicles:
Discussions of how regulation could “get in front of†self-driving cars are therefore incomplete, and ultimately, may cost lives. According to the National Highway Traffic Safety Administration, over 42,000 people perished on U.S. roads in 2021. What that implies is that self-driving cars would be an improvement if, with autonomous vehicles widely prevalent, “only†41,000 people were to perish in car accidents.
To put this even more starkly, were those numbers accurate, it would imply that every year regulators delay because driverless cars are not yet perfectly safe, they would be killing a thousand people on net.
My point is not that I know what these numbers are, nor am I an expert on the regulatory hurdles these vehicular innovations must overcome. Rather, I wish to make the more general, conceptual point that net deaths may occur due to regulators’ insisting on making self-driving cars safer.
Ex ante regulation of the type being discussed for driverless vehicles, stipulates ahead of time the specifications a product must comply with. It necessarily invokes an arbitrary set of safety standards. It also short-circuits the local, tacit knowledge that producers have about how to make their products or production processes safer. Ironically, safety regulation can make us less safe, for precisely this reason.
I don’t know how to navigate the trade-offs inherent in creating a risky product (i.e. any product). Neither do you. But markets do.
I’m going to divide my remarks into three sections: vehicle autonomy, liability, and proposals.
The international Society of Automotive Engineers (SAE) has devised the following classification scheme for vehicle autonomy, levels from 0 to 5:
Level 0 No automation
Level 1 Driver assistance
Level 2 Partial automation
Level 3 Conditional automation
Level 4 High automation
Level 5 Full automation
Presently, most “autonomous” vehicles are at Level 2 or Level 3; Waymo claims to have built a vehicle at Level 4. In 2010 I made a cash wager that there would be fewer than 10 street legal Level 5 vehicles on the road in the United States by 2020. I collected. Level 5 vehicles are not expected for 10 to 20 years but I wouldn’t be a bit surprised if fully autonomous vehicles are not added to the list of things which, like practical nuclear fusion, always seem to be 10-20 years away. I note that the most recent success with nuclear fusion which appeared tantalizingly successful, does not appear to be reproducible.
In terms of liability nearly all automobile accidents are the result of driver error. The balance are either manufacturer defect or act of God. To the best of my knowledge those are the alternatives—there aren’t any others.
Volvo has, correctly in my view, taken the position that all automobile accidents involving autonomous vehicles are the result of a failure of workmanship.
Now to my proposal. IMO Mr. Fuller is wrong in one particular. There is a fundamental difference between motor vehicle accidents involving ordinary vehicles and those involving autonomous vehicles. As long as the vehicles are being operated according to manufacturer recommendations and the vehicles are maintained according to manufacturer recommendations all accidents involving autonomous vehicles are the result of a failure of workmanship on the part of the manufacturer which, as I note, is the view taken by Volvo.
Therefore my proposal can be summed up in two words: strict liability. Manufacturers should be held strictly liable for all accidents involving autonomous vehicles. That means that no motive or recklessness need be proven. Only that there was an accident.
So, in a sense, I’m coming down on the same side as Mr. Fuller. The market can handle it. But only if it must. Insurance companies are not charitable organizations. When there’s no practical way an owner of a flawed vehicle can prove that the vehicle was at fault and nothing that owners can do (other than not owning an autonomous vehicle) to avoid liability, any accident involving them will be blamed on the owner and not covered by the insurance company. Or insuring those vehicles will be prohibitively expensive. It will strongly discourage the ownership of autonomous vehicles. Consequently, strict liability on the part of manufacturers is a good way to encourage the development, sale, and purchase of autonomous vehicles, getting the benefits of autonomous vehicles that Mr. Fuller notes.