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Walter Huang, a 38-year-old Apple Inc. engineer, died on March 23, 2018,after his Tesla Model X crashed into a highway barrier in Mountain View,California. Tesla immediately disavowed responsibility for the accident. "Thefundamental premise of both moral and legal liability is a broken promise, andthere was none here: [Mr. Huang] was well aware that the Autopilot was notperfect [and the] only way for this accident to have occurred is if Mr. Huangwas not paying attention to the road, despite the car providing multiplewarnings to do so." This is the standard response from Tesla and Uber, themanufacturers of the automated vehicles involved in the six fatal accidents todate: the automated vehicle isn't perfect, the driver knew it wasn't perfect,and if only the driver had been paying attention and heeded the vehicle'swarnings, the accident would never have occurred.  However, as researchers focused on human-automation interaction in aviationand military operations, we cannot help but wonder if there really are nobroken promises and no legal liabilities. Science has a critical role indetermining legal liability, and courts appropriately rely on scientists andengineers to determine whether an accident, or harm, was foreseeable.Specifically, a designer could be found liable if, at the time of the accident,scientists knew there was a systematic relationship between the accident andthe designer's untaken precaution.  Nearly 70 years of research provides an undeniable answer: It isinsufficient, inappropriate, and dangerous to automate everything you can andleave the rest to the human. There is a systematic relationship between thedesign of automated vehicles and the types of accidents that are occurring nowand will inevitably continue to occur in the future. These accidents were notunforeseeable and the drivers were not exclusively to blame.

Unsafe At Any Level: NHTSA's levels of automation are a liability for autonomous vehicle design and regulation