Take up of autonomous vehicles depends on public confidence, lawyer says

Ben Gardner of Pinsent Masons, the law firm behind Out-Law.com, was commenting after a pedestrian was killed having been struck by an Uber autonomous car in Tempe, Arizona, in the US. A test driver was behind the wheel at the time of the incident but the vehicle was in self-driving mode. Uber has suspended its testing of driverless cars while the incident is investigated.

"The cause of the accident will become apparent in due course following analysis of, amongst other things, the telematics and diagnostics systems within the vehicle," Gardner said. "Incidents such as this potentially undermine public confidence in autonomous vehicles and this trust and confidence will be absolutely central to the successful adoption and roll out of the technology in future."

"It is paramount that appropriate risk analysis is carried out prior to testing and adequate procedures and safeguards put in place thereafter in order to minimise the likelihood of tragic accidents such as this occurring," he said.

According to a report by the San Francisco Chronicle, chief of police in Tempe, Sylvia Moir, said a preliminary assessment of the incident had been undertaken, using footage from a camera in the Uber car, and that it "appears that the Uber would likely not be at fault in this accident".

Moir said: "It’s very clear it would have been difficult to avoid this collision in any kind of mode … based on how [the victim, Elaine Herzberg] came from the shadows right into the roadway." 

In a statement, Uber said: "Our hearts go out to the victim’s family. We’re fully cooperating with Tempe police and local authorities as they investigate this incident."

Tempe mayor Mark Mitchell said: "The city of Tempe has been supportive of autonomous vehicle testing because of the innovation and promise the technology may offer in many areas, including transportation options for disabled residents and seniors. Testing must occur safely. All indications we have had in the past show that traffic laws are obeyed by the companies testing here. Our city leadership and Tempe police will pursue any and all answers to what happened in order to ensure safety moving forward."

Toyota has suspended its testing of driverless cars on public roads in the US following the incident in Tempe. In a statement, spokesperson for the company said the decision was taken "because we feel the incident may have an emotional effect on our test drivers", according to Bloomberg.