Self-driving car crash tests laws for car tech

A fatal accident involving a partially autonomous vehicle could test the laws surrounding advanced vehicles.

Should drunk drivers go to jail if advanced car technology lets them down?

The question could be answered in a test case in the US, where an electric car with advanced semi-autonomous driving systems failed to stop when confronted by stationary vehicles on a dark highway.

Ford customers in the US can use a semi-autonomous feature called ‘BlueCruise’.

Police said a man driving a Hyundai Elantra stopped to assist a stationary Toyota Prius on a six-lane highway at 3am on Sunday March 3 when both men were hit by a new Ford Mustang Mach-E travelling at speed.

AP reports Police charged the driver of the Ford, 23-year-old medical student Dimple Patel, with homicide by vehicle while driving under the influence and involuntary manslaughter.

The American news service quoted a criminal defence lawyer, Zak Goldstein, as saying the case would test US laws surrounding drink-driving, as prosecutors must be able to prove that “DUI [driving under the influence] caused the homicide”.

Ford's BlueCruise is only available on approved roads – usually divided highways.

“If in fact it’s a failure in a self-driving or a driving system, that may not be a homicide by DUI even if the driver is intoxicated”.

A statement published by America’s National Transportation Safety Board said the Mustang “was equipped with advanced driver assistance systems, including those providing partial automation capabilities that Ford refers to as ‘BlueCruise’.

“Vehicle-based data indicated that the vehicle’s 23-year-old driver was using BlueCruise.”

Ford’s BlueCruise is an advanced system that allows drivers to hand control to the car on highways approved by Ford.

Ford's BlueCruise highway driving assistant. requires drivers to be ready to take over at any time.

A camera inside the car watches the driver to make sure they are ready to take control at any time – the system deactivates if a driver uses their phone, reads a book or closes their eyes for more than moment.

The NTSB said Ford was co-operating with its investigation into Patel’s crash.

The safety body is investigating another fatal smash that occurred in February when a Mustang Mach-E slammed into a stationary Honda CR-V at about 10pm on a six-lane highway in Texas, killing the driver of the Honda.

Ford's BlueCruise highway driving assistant.

It said “the driver had been operating the vehicle in BlueCruise mode before the crash”.

BlueCruise is not yet operational in Australia, but cars such as the Mustang Mach-E have the hardware necessary to make it work.

A Philadelphia police statement said “no partially automated vehicle technology should ever be left alone to perform the driving tasks that are required to safely navigate the roads of the commonwealth”.

Ford isn’t the first brand to face significant issues surrounding self-driving tech. Tesla’s “autopilot” has been linked to several deaths on the road, and Uber temporarily suspended its self-driving program when a pedestrian was struck and killed by a prototype vehicle.