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As someone pointed out in the comments of a recent question I posted, LiDAR jamming is legal in some states.

From what I understand, most self-driving car concepts use LiDAR to detect surrounding vehicles. As a result, a LiDAR jammer could confuse the guidance computer, causing the vehicle to crash.

In such an event, would the operator of the LiDAR jammer be liable? Assume that he or she was not purposefully trying to make the self-driving vehicle crash.

ohwilleke
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1 Answers1

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We won't be sure until we get there. Part of the problem of predicting how it will play out is that we don't know enough about how the two technologies interact with each other to know how material the risks are and what can be done to mitigate them, at what costs.

The default standard of care when the law supplies no other, is negligence. Negligence requires an awareness of the risk on the part of reasonable people that can be weighed against the harm. This awareness will evolve over time. The primary Louisiana statute on point is here.

Self-driving vehicle makers, meanwhile, are held to a strict liability standard for products liability. The primary Louisiana statute on poit is here. So, their liability will be likely to arise before the LIDAR jammer user until regulations of technology adapt to self-driving cars. They will need to have a safe response to being hit by a LIDAR jammer, before there are regulations in place or enough awareness to make negligence liability enough of a concern to change the behavior of LIDAR jammer users.

ohwilleke
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