Self-Driving but Not Self-Regulating: The Development of a Legal Framework to Promote the Safety of Autonomous Vehicles
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Self-Driving but Not Self-Regulating:
The Development of a Legal Framework to
Promote the Safety of Autonomous Vehicles
Jacob B. Jensent
I. INTRODUCTION
As technology continues to develop, self-driving cars are no longer a
thing of the distant future, seen only in science-fiction movies.I Instead,
they are becoming an everyday reality.2 As intriguing as it is to program a
destination into your vehicle's computer and enter the back seat to catch up
on work e-mails, check out your favorite celebrity's Instagram, or use the
free time for a morning nap, self-driving cars create a plethora of legal
complexities, ranging from whom to hold responsible for injuries to how to
prevent cyber-attacks.3 People everywhere may be talking about self-
driving cars,4 but not all of this notoriety is positive. A recent study showed
that even though fifty-nine percent of drivers want some level of autonomy
in their next vehicle, seventy-eight percent of those surveyed fear traveling
in a self-driving car.5 This Note addresses the liability issue for highly
f B.S. 2015: Business Management, University of Utah; J.D. Candidate August 2018, Washburn
University School of Law. I wish to thank Professor Alex Glashausser for his guidance and support
through the writing of this Note. Additionally, special thanks to Professor Andrea Boyack and Dean
Joseph Mastrosimone for their inspiration to join and write for the Washburn Law Journal. Most
importantly, a special thank you to my beautiful wife, Leslie D. Jensen, for her continuous support
throughout my writing of this Note, enduring law school by my side, caring for and raising our
children-Jacob Jr., Lucas, and Sophia-and for enhancing every aspect of my life in general.
1. See, e.g., I, ROBOT (20th Century Fox 2004); MINORITY REPORT (20th Century Fox 2002);
TOTAL RECALL (Carolco Pictures 1990).
2. BMW, Audi Push Self-Driving Cars Closer to Reality, N.Y. DAILY NEWS (Jan. 30, 2013, 10:54
AM), http://www.nydailynews.com/autos/making-self-driving-cars-everyday-reality-article-1.1251048
[https://perma.cc/63VE-UYZU].
3. Emma Wright, The Legal Challenges for Autonomous Vehicles, BETANEWS (Oct. 21, 2016),
https://betanews.com/2016/10/21/legal-challenges-self-driving-cars/ [https://perma.cc/3AA6-VKX4].
4. Jeffrey A. Soble, Autonomous Cars.. . When?, NAT'L L. REv. (Jan. 19, 2018),
https://www.natlawreview.com/article/autonomous-carswhen [https://perna.cc/MPW4-HGML].
5. Detroit Free Press Staff, Poll Reveals Fear of Travel in Self-Driving Cars, USA TODAY (Mar.
9, 2017, 7:45 AM), https://www.usatoday.com/story/money/cars/2017/03/08/poll-reveals-fear-travel-
self-driving-cars/98881656/ [https://perna.cc/484J-N4UD].
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Self-Driving but Not Self-Regulating: The Development of a Legal Framework to Promote the Safety of Autonomous Vehicles
Self-Driving but Not Self-Regulating: The Development of a Legal Framework to Promote the Safety of Autonomous Vehicles