WASHINGTON // The first known death involving a self-driving car presents a dilemma: who was at fault?
Was it the driver, Joshua D Brown, 40, whom even friends describe as a speed-loving daredevil with a stack of speeding tickets to prove it? Was it the car manufacturer? The car designer? Or was it the person who designed the autopilot system, or installed it, or programmed it?
The questions arising from Brown’s death, in Williston, Florida are key to the investigation now being carried out by the National Highway Traffic Safety Administration (NHTSA) and to Tesla Motors Inc, the luxury electric car manufacturer and creator of the Tesla Model S car that Brown was driving — or rather, not driving — when he crashed.
News of the world’s first known case of death by autopilot comes as drivers are starting to get comfortable with the idea of driverless cars, which have been available in the US since 2012 and is clearly awkward for federal regulators, who are generally in favour of them, and car makers alike. Though Tesla disclosed the crash on Thursday, Brown actually died nearly two months ago, on May 7.
The autopilot system on Brown’s car was engaged when he crashed into an 18-wheel lorry and trailer which was crossing the highway. The car’s sensor system failed to distinguish between the white of the lorry and the bright sky and did not automatically activate the brakes. Brown did not take control of the car and brake, either. Instead, the Tesla carried on at full speed and sliced off its top as it hit the bottom of the trailer. After passing under the trailer, the car veered off the road, crashing through two fences and an electricity pole. The driver of the lorry, Frank Baressi, 62, was unhurt.
The NHTSA has stressed the potential life-saving advantages of a driving system which in theory should eliminate the human errors that cause an estimated 94 per cent of the fatal traffic accidents occurring in the US each year. Last year, they claimed the lives of more than 35,000 people. However, a former NHTSA administrator, Joan Claybrook, said the government should ensure car companies test self-driving software to eliminate defects before vehicles hit the road. “There is nothing unique about software that it can’t be tested,” she said.
Another matter to consider is Brown’s driving style. Friends of the technology company owner from Canton, Ohio, described him as having a “need for speed,” and state records reveal that he had racked up eight speeding tickets over six years.
Terri Lyn Reed, an insurance agent in northeastern Ohio who insured Brown’s business, described her friend as “kind of a daredevil” who loved excitement and speed, and was fearless. A former employee of Brown’s, Stan Staneski, said Brown drove fast, but he considered him a safe driver.
Brown was a Tesla enthusiast, nicknaming his 2015 car Tessy” and posting videos on YouTube of his car driving on autopilot. One video showed his car avoiding a collision on a motorway.
A portable DVD player was found in the Tesla on the day he died, and the question of whether Brown was watching a film while relying on the autopilot system is crucial to the investigation. Robert VanKavelaar, who lives on the property where Brown’s car came to rest some 900 feet from the crash site said that when he approached the wreckage 15 minutes after the accident, he could hear the DVD player. A Florida motorway patrol trooper also said he had seen a Harry Potter film playing on the DVD.
The investigation is likely to take several weeks with NHTSA chief Mark Rosekind expected to release new guidelines on self-driving cars. Motoring experts say it is that the technology in self-driving systems is improving all the time but to expect ‘defect-free” driving is unreasonable.
* Associated Press
