Talk Given to AUVSI July 2020

1. Models, Legal Liability, and
Communicating Safety
www.avvc.net
Dr. Rahul Razdan

2. Key Messages
• Framework:
• Legal Liability and Expectations
• Expectations and ODDs
• ODDs and Measurable Safety
• Current Status and Gaps
• Implications

3. Dispute Resolution
Fairness, Predictability, and the Importance of Precedence

4. Legal System Overview
• Legal Frameworks:
• Law Making Bodies
• Regulators
• Courts (Precedent Driven)
• Disputes Arise
• Facts Established
• Courts (typically Appellate and above)
• Apply legal theories to case
• Set precedent

5. Legal Precedents
Driver Negligence Product Liability

6. The First Autonomous Vehicles
Equestrian Expectations
You are Responsible for your Horse, unless third-
party intentionally spooks your horse, and
sometimes a horse spooks for no reason → no
one is at fault.
Key Point: There is a mental model for horse
behaviour and expectations

7. What are the Expectations in AV?
• AV on Road (expectations)
• Default Expectations of Human Driver
• Is this the intent? Las Vegas Truck, AV fender-benders
• Missing: Transmission of Risk FROM AV or ADAS to the world
• ADAS’s expectations for Driver ?
• “AAA Recommends Common Naming for ADAS Technology” ⇒ confusion
• “AV 4.0: Reasonable For AV, But Perhaps Missing The Boat On ADAS Regulation” ⇒ none
• Driver is ultimately responsible⇒ value ? crutch ?

8. Implications (ADAS)
• OEMs
• Fuzzy requirements (crutch is anti innovation)
• Difficult to show differentiation
• Consumers do not value so what is investment model ?
• Legal Liability Exposure (gap of expectations vs reality)
• Customers: Will not pay much more ADAS/Safety
• Insurance Industry: No Driver discounts for ADAS (data
does not support)

9. What is solution?
• SET CLEAR Expectations
• Define HUMAN ODD
• Develop Paradigm of Measurable Safety (Metrics!)
• Results
• Customers have something to value
• Legal Liability controlled
• Innovation Enabled

10. References
SAE EDGE Reports:
• Unsettled Technology Areas in Autonomous Vehicle Test and Validation
• Unsettled Topics Concerning Automated Driving Systems and the Transportation Ecosystem
• Unsettled Topics Concerning Automated Driving Systems and the Development Ecosystem
Related Forbes Articles:
• How Safe Is Safe For an AV? The Answer (Expectation and Communication)
• Horses, Equine Law And The Future Of The Autonomous Vehicle Legal Framework
• Measurable Safety, The Missing Ingredient To Demonstrating ADAS Value
• Does The Tesla Crash Show That Current ADAS Liability Models Retard Innovation

11. References (Regulation)
• IEEE: Requirements for the Next-Generation Autonomous Vehicle Ecosystem
• Forbes: New AV Bill, Its Bipartisan, Is It Better?
• Forbes: An Open Letter To The New NSF Director About Research In AV Safety
• Forbes: AV 4.0: Reasonable For AV, But Perhaps Missing The Boat On ADAS Regulation
• Forbes: Reacting To The Proposals In The U.S. House’s Autonomous Vehicle Bill