With autonomous and semi-autonomous systems gaining traction in today's automobile landscape, the issue of legal liability is become more relevant.
Human Factors research has shown time and again that driving assistance technology -- including more "archaic" systems like Adaptive Cruise Control and Lane Keeping Assistance Systems, is far from being error-proof. Recent studies have demonstrated that a limited understanding (or mental models) of how these systems operate can in fact lead to system misuse.
A recent study published on the Humanities and Social Science Communications tackles the issue of driver over trust and system misuse from the legal viewpoint.
Every time we register for a new social media account, or install a new smartphone app, the always-present consent message pops up: BY REGISTERING FOR THIS SERVICE YOU ACCEPT ALL TERMS AND CONDITIONS.
Typically, very few people ever bother to skim over this information, let alone read it in its entirety. However, the issue of consent and its implications on liability, will become more relevant as we entrust the autonomous system with our safety and the safety of the all vehicle passengers.
The authors of the study suggest that automakers may use the already-existing in-vehicle digital interfaces as a way to obtain consent from the driver (and possibly all passengers). However, this decision is far from being ideal or even safe.
It is argued that using the car touchscreen may not provide nearly enough information to the driver. Also, the authors suggest that "individuals may misunderstand the nature of the notices which grant permissions".
"Warning fatigue" and distracted driving are also causes of concern.
All in all, given the sizeable limitations of using digital interfaces for obtaining consent, it is suggested this won't shield automakers from their legal liability should the system malfunction or an accident occur.
Similarly to what I described in a recent article, training is seen as a potential aid in ensuring that drivers fully understand system capabilities and limitations.
Whatever the solution may be, this is yet another challenge that all autonomous vehicle stakeholders (including automakers and transportation agencies) needs to address if they wants to take a proactive (rather than a reactive) stance on the issue.
Reference
Pattinson, J. A., Chen, H., & Basu, S. (2020). Legal issues in automated vehicles: critically considering the potential role of consent and interactive digital interfaces. Humanities and Social Sciences Communications, 7(1), 1–10. https://doi.org/10.1057/s41599-020-00644-2