Defense attorneys for a driver involved in a deadly DUI accident are preparing to claim that the self-driving technology, when engaged and promoted, takes full responsibility for the vehicle’s actions, independent of the driver’s sobriety.
The phrase “hands-free driving” has become a highly debated term in the automotive world. The disconnect between how the public understands this technology and its actual abilities is significant, leading to tragic incidents. In Pennsylvania, two people lost their lives when a Ford Mustang Mach-E, equipped with BlueCruise autonomous features and adaptive cruise control, crashed into parked vehicles on the side of I-95.
The Mach-E was traveling at 71 mph when it collided with three parked cars. As reported by the Associated Press, these vehicles had stopped as one driver was assisting another whose car had broken down. Both individuals eventually succumbed to injuries from the crash, while the Ford also impacted another vehicle, although no injuries were noted in that instance. This incident took place in March at approximately 3:00 a.m.
It was only recently that the driver, a 23-year-old pre-med student from Philadelphia, was charged. Local ABC affiliate WPVI-TV reported the charges include DUI, evidence tampering, reckless driving, and vehicle homicide.
The defense attorney for the Ford driver, Zak Goldstein, does not dispute the DUI charges. Instead, he argues that if the self-driving system was engaged, then it cannot be classified as a DUI-related incident, even with the driver’s intoxication. “If it’s a failure in self-driving technology, that may not equate to homicide by DUI, despite the driver’s condition,” Goldstein stated.
This is not the first incident involving a Mach-E this year. The AP reports another similar crash occurred in Texas in February under comparable conditions (i.e., BlueCruise activated, nighttime, impact with a stationary vehicle). The National Highway Traffic Safety Administration (NHTSA) is currently investigating both Mach-E incidents, in addition to numerous inquiries into Tesla’s autonomous driving capabilities, which have been linked to 956 crashes resulting in 29 fatalities.
It’s important to clarify that no vehicle on the market today is fully autonomous, capable of driving without any human intervention. The systems available, such as Ford’s BlueCruise, GM’s Super Cruise, and Nissan’s ProPilot Assist, are classified as Level 2 partially autonomous systems, bordering on Level 3. This classification means while the driver might take their hands off the wheel, they must always be prepared to regain control without delay.
Ford’s own report on BlueCruise emphasizes, “Driver-assist features are supplemental and do not replace the driver’s attention, judgment, and need to control the vehicle… Always watch the road and be prepared to resume control of the vehicle. It does not substitute for safe driving.” Perhaps this statement should be updated to highlight the importance of “sober” driving as well.
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