There is a reason the magazine is titled Car and Driver—the two have always gone together. But that might be changing. Recent technological advances are allowing the car industry to consider a shift away from the need for a driver because of increasingly intelligent and connected vehicles. Increases in intelligence and connectivity also provide new opportunities for cars to interact with consumers’ mobile devices. As many companies evaluating this issue likely will turn to their product liability counsel for help with initial issue spotting, this article briefly surveys the major legal challenges likely to be faced during this evolution in several key areas: 1) product liability and insurance; 2) standardization; and 3) intellectual property. First, however, we consider some highlights of this rapidly evolving technology.
Overview of Intelligent Car Technology
Google’s foray into driverless cars has been widely covered by the press—from Google’s successful push for legislation permitting use of autonomous cars (first in Nevada, and now expanding to other states), to its recent announcement of a fleet of 100 prototype driverless cars, to publicity over a patent that envisions services such as ad-supported, autonomous taxis. Additionally, major manufacturers are developing features that reduce a driver’s need to control a vehicle directly—at least in certain conditions. For example, several major manufacturers have released or announced cooperative-adaptive cruise control that uses data from vehicle-to-vehicle communications to maintain a safe, uniform following distance. These systems can also improve fuel efficiency by reducing unnecessary acceleration and deceleration. Another possibility under consideration uses this type of system to convoy vehicles together automatically. Many other automated features like lane tracking aids, blind spot assistance, and automatic parking are becoming increasingly available and, in some cases, aggressively marketed.
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