Melbourne hit-and-run blamed on Tesla Autopilot, could set legal precedent for new tech
A first-of-its-kind court case could establish legal precedent for the use of autonomous vehicle tech in Australia.
A hit-and-run incident in Melbourne yesterday could set a legal precedent for the use of autonomous driving technologies in Australia.
At approximately 6:30am in the south-east suburb of Armadale, 23-year-old P-plater Sakshi Agrawal (shown below) allegedly hit a pedestrian while behind the wheel of her Tesla Model 3 and subsequently fled the scene.
Two hours later she reportedly returned to where the critically injured victim was being treated, and turned herself into police – however, she allegedly attempted to diminish responsibility by claiming the car’s ‘Autopilot’ system was responsible for the accident.
‘Autopilot’ is the brand name for Tesla’s suite of widespread driver assistance technologies, including lane-keep assist, autonomous emergency braking, and radar cruise control which combine for ‘Level 2’ assisted driving on motorways.
An optional
‘Full Self-Driving’ package includes additional functionality – available primarily in overseas markets – however neither system currently provides full vehicle autonomy.While overseas authorities and industry analysts have previously argued these names are deceptive and may lead consumers to incorrectly assume the car is capable of driving itself, the manufacturer requires all users to accept responsibility for the vehicle’s control prior to use.
David McCarthy – a former journalist and current consultant for automotive manufacturers – told Drive the incident and upcoming court case will be significant for two reasons: It will set a legal precedent for driver culpability, and it will set a legal precedent for insurance companies paying out claims based on ‘responsibility’.
“The comprehensive insurance on the car is unlikely to pay for the damage if she says she wasn’t in control of the vehicle … Further, to my knowledge there hasn’t been a case in Australia involving the use of autonomous technology in an accident and it will be up to the court to determine liability here.”
While the Model 3 Long Range and Performance models are listed as prohibited for P1 and P2 drivers in Victoria – given their power and performance – the VIN number associated with the ’00X’ number plates suggests the Model 3 in question is a legal single-motor Standard Range Plus variant.
While Tesla is the only car maker to use the ‘Autopilot’ moniker, most marques offer a similar suite of technologies across their petrol and electric ranges. Drive understands several manufacturers and importers are following the case closely.
Drive has reached out to a spokesperson for Victoria Police for further information on the case, and this story will be updated with its response. A spokesperson for Tesla was also contacted for comment, however, the marque has a policy of not responding to media inquiries.
Sakshi Agrawal has been granted
conditional bail, despite police protesting on the basis she poses a flight risk. She is due to next front the Melbourne Magistrates court on 14 June 2022.The victim of the alleged hit-and-run – who The Age reports is a 26-year-old health worker – remains in a critical condition in Alfred Hospital, where she had been working at the time of the accident.
Photo Credit: Nine News
The post Melbourne hit-and-run blamed on Tesla Autopilot, could set legal precedent for new tech appeared first on Drive.