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ABSTRACT-While self-driving cars may seem like something that can exist only in a futuristic movie, the technology is developing rapidly, and many states already allow test runs of self-driving cars on state roads. Many car companies have announced that they will make self-driving cars available as early as 2020. However, several manufacturers of the self-driving car technology predict that personal ownership of vehicles will be replaced by a car-sharing system, where companies own the self-driving cars and rent them to consumers who pay per use. With more widespread introduction of this technology comes many questions about how to assess liability for accidents involving self-driving cars, and how insurance should be structured to pay for those accidents. This Note discusses the potential parties who could be held liable: drivers, car-sharing companies, and manufacturers. This Comment suggests the elimination of liability for any accidents involving self-driving cars, and recommends the creation of a National Insurance Fund to pay for all damages resulting from those accidents.
INTRODUCTION
Self-driving cars may seem like something straight out of a sci-fi movie. But as death rates from car accidents remain high, more and more car companies are developing self-driving cars in an attempt to increase safety in driving. In 2011, 29,867 fatal motor vehicle crashes in the United States resulted in 32,479 deaths.1 Roughly 15 of every 100,000 licensed drivers died in a car accident in 2011.2 Some form of human error causes approximately 95% of all car accidents.3 In an effort to reduce accidents, automobile companies are inventing new technologies that increasingly automate driving. These technologies include collision-mitigating braking systems and lane-keeping systems, which temporarily take control away from humans to rectify human errors and prevent accidents.4
Some companies are beginning to create fully autonomous vehicles (AVs). These cars are completely automated and rely very minimally on humans for their operation. Google is at the forefront of creating AVs, but many large car companies are also planning to incorporate AVs into their fleets within the next decade.5 Google touts these AVs as having the potential to almost entirely eliminate human error, reducing automobile accidents by 90%.6
Regardless of the extent to which automobile accidents will decline overall as more AVs replace human-operated cars, the use of AVs will,...