The Price of Progress: Safety Concerns in the Age of Autonomous Vehicles

As technology continues to develop at a rapid rate, autonomous driving has taken the automobile industry by storm. However, many argue that this new addition has caused more chaos than it has improvements. Mendoza v. Tesla, Inc. is just one of the recent lawsuits being filed against Tesla, Inc., the most notable company that has implemented autopilot features in their vehicles. Giovanni Mendoza Martinez was using Tesla’s autopilot feature on the highway, driving 71 mph for 12 minutes, when his Tesla collided with a firetruck that was blocking two lanes of traffic. He tragically lost his life. 

However, Giovanni’s story is not uncommon. There were at least eight lawsuits alone, heading into 2025, that involved fatal crashes where the driver was using Tesla’s autopilot feature. Further, the U.S. Department of Transportation’s National Highway Traffic Safety Administration issued a safety recall to several 2023 Tesla models in December of 2023, citing a report of 956 crashes from using the autopilot feature just that year. Even though there seems to be several ongoing lawsuits surrounding the autopilot feature used by Tesla’s vehicles, this has not deterred other automobile companies from following suit. 28 companies, including Toyota, Motional, and Embark Trucks, are currently developing self-driving technology that they hope will usher in as many as “3.5 million vehicles of varying levels of autonomy” onto the roads throughout the United States by the end of 2025.

So, what exactly is an “autonomous vehicle?” Narrowly speaking, a self-driving vehicle can navigate its environment without human input. The Society of Automotive Engineers (SAE) created a document that defines “six levels of driving automation, ranging from no driving automation (Level 0) to full driving automation (Level 5).” At a Level 1 and 2 a human is still responsible for driving the vehicle which has limited semi-automated features, whereas at a Level 4 and 5 the vehicle is responsible for driving itself and is considered fully autonomous based on certain restrictions. For reference, a Tesla is considered a Level 2, requiring some human intervention to engage the autopilot feature. 

Even though Tesla is rated at a Level 2 on SAE’s scale, some believe that Tesla could be misrepresenting its autopilot capabilities to the public. Giovanni’s family claimed that he believed when in “autopilot” mode, “the vehicle would drive itself” and “was a safer driver than a human,” relying mainly on the advertising put out by Tesla and statements made by Elon Musk, Tesla’s CEO. Musk consistently makes claims regarding the vehicle’s capabilities, including one he made in 2015 where he said, “We’re going to end up with complete autonomy, and I think we will have complete autonomy in approximately two years.” Further, a survey found that 42% of Tesla autopilot users “said they were comfortable treating their vehicles as fully self-driving.” Even though the public tends to perceive Tesla’s vehicles as fully autonomous, Tesla’s website states that the autopilot and self-driving features “require active driver supervision and do not make the vehicle autonomous.” The disconnect between the public’s perception of the autopilot feature and Tesla’s intended use of the technology seems to be an area that Tesla needs to clarify in order to avoid future litigation.

28 companies, including Toyota, Motional, and Embark Trucks, are currently developing self-driving technology that they hope will usher in as many as ‘3.5 million vehicles of varying levels of autonomy’ onto the roads throughout the United States by the end of 2025

So why should you invest in self-driving vehicles? Are autonomous vehicles really safer than just driving yourself? Well, the answer really is: It depends! A study done by Nature Communications compared accidents that occurred with autonomous vehicles to those that occurred with human driven vehicles. They found that autonomous vehicles had a slightly higher accident percentage in work zones, higher traffic areas, and when engaging in pre-accident movements, such as slowing down and moving into opposing lanes. Autonomous vehicles were also more likely to get into an accident during rainy conditions compared to human driven vehicles. However, human driven vehicles did have a higher accident rate in dawn or dusk conditions and were more likely to be rear-ended by another vehicle. 

Overall, even though they produce flashy headlines, autonomous features have a long way to go before every car is equipped with this technology. Moreover, there is a need for the autonomous vehicle industry to get on the same page as the public in terms of how they advertise the features of their current vehicles so they can avoid any more catastrophes like Giovanni’s. So, the real question remains, while companies tinker with these much-needed improvements, are you willing to step behind the wheel of a car that can run itself?

Miranda Papes

Miranda attended Yale University for undergrad where she played varsity softball and double majored in European History and Psychology. In law school, Miranda is a member of the Pro Bono Board as the Special Trips Coordinator, a member of Women in Law, and plays on the UNC Law Slow-Pitch Softball Team.