Under the regulations governing the testing of autonomous vehicles in California, manufacturers must provide the California Department of Motor Vehicles (the “DMV”) with a Report of Traffic Accident Involving an Autonomous Vehicle (on form OL 316) within 10 business days of an incident.

To date, manufacturers have submitted 26 accident reports on form OL 316 that have been posted on the DMV website, at https://www.dmv.ca.gov/portal/dmv/detail/vr/autonomous/autonomousveh_ol316. The forms have been redacted of information that the DMV has determined was not appropriate for disclosure under the California Public Records Act.

The oldest form relates to an accident on October 14, 2014; the most recent relates to an accident on February 16, 2017.

FC&S Legal chose 10 of the more recently filed OL 316 forms, involving nine accidents that took place in 2016 and one in 2017, and we studied the information in “Section 5 – Accident Details – Description” to determine what these forms said caused the accident involving the autonomous vehicle.

What FC&S Legal Found

Here is what the 10 forms said:

1. An autonomous vehicle was driving in autonomous mode. It approached an intersection that did not allow for vehicular cross traffic but that was controlled by a crosswalk with yellow lights that flashed when activated. As the autonomous vehicle approached the crosswalk, the yellow lights were flashing. The autonomous vehicle slowed, paused briefly before the crosswalk, and then began to proceed. The vehicle behind the autonomous vehicle also slowed and paused in concert with the autonomous vehicle, but a third vehicle did not slow and collided with the vehicle behind the autonomous vehicle, which then collided into the back of the autonomous vehicle. February 16, 2017.

2. An autonomous vehicle was driving in autonomous mode. As it made a left turn from the outside left turn lane, another vehicle in the inside left turn lane also turning left crossed into the outside left turn lane and collided with the driver's side of the autonomous vehicle. December 11, 2016.

3. An autonomous vehicle was driving in autonomous mode. It entered a slip lane to turn right and came to a stop to yield to other traffic. As it began to move forward, another vehicle immediately behind it collided with the autonomous vehicle. October 26, 2016.

4. An autonomous vehicle was driving in autonomous mode. As it was completing a lane change in autonomous mode from the far right lane to the middle lane, a car stopped in traffic in the far left lane of the road abruptly changed lanes into the middle lane, immediately in front of the autonomous vehicle. The autonomous vehicle's test driver took manual control of the autonomous vehicle and quickly merged back into the far right lane to avoid the vehicle. Another vehicle approaching from behind in the right lane then struck the rear passenger side quarter panel of the autonomous vehicle. September 14, 2016.

5. An autonomous vehicle was driving in autonomous mode. It stopped at an intersection and, preparing to make a right turn, began to gradually advance forward (at 3 m.p.h.). A van waiting behind the autonomous vehicle advanced forward at a slightly faster speed (7 m.p.h.) and collided with the rear bumper of the autonomous vehicle. September 7, 2016.

6. An autonomous vehicle was driving in autonomous mode. It was stopped at a stop sign when a vehicle approaching from behind in the same lane collided with the autonomous vehicle. July 15, 2016.

7. An autonomous vehicle was driving in autonomous mode. It came to a stop at an intersection and then, prior to making a right turn, began to gradually advance forward to get a better view of approaching traffic. The autonomous vehicle stopped to yield to traffic approaching from the left when a vehicle approaching from behind the autonomous vehicle at 9 m.p.h. collided with its rear bumper. April 28, 2016.

8. An autonomous vehicle was driving in autonomous mode. It was stopped behind traffic at a red light. A vehicle attempting to pass on the right shoulder very slightly contacted the autonomous vehicle. April 7, 2016.

9. An autonomous vehicle was driving in autonomous mode. It was in the far right-hand lane, approached an intersection, and signaled its intent to make a right turn on red. The autonomous vehicle moved to the right-hand side of the lane to pass traffic in the same lane that was stopped at the intersection and proceeding straight. The autonomous vehicle had to come to a stop and go around sandbags positioned around a storm drain that were blocking its path. When the light turned green, traffic in the lane continued past the autonomous vehicle. After a few cars had passed, the autonomous vehicle began to proceed back into the center of the lane to pass the sand bags. A public transit bus was approaching from behind. The autonomous vehicle test driver saw the bus approaching in the left side mirror but believed the bus would stop or slow to allow the autonomous vehicle to continue. About three seconds later, as the autonomous vehicle was reentering the center of the lane at about 2 m.p.h., it made contact with the side of the bus, traveling at about 15 m.p.h. February 14, 2016.

10. An autonomous vehicle was driving in autonomous mode. It was driving at approximately 20 m.p.h. in the right lane. It began moving within its lane to the left, and then began correcting to the right, at which point the test driver decided to take over manual control. After taking over manual control, the test driver did not change the path of the vehicle and it collided with an unoccupied parked vehicle. January 8, 2016.

Conclusions

            Of the accidents discussed in the 10 OL 316 forms reviewed by FC&S Legal,

- six involved a vehicle rear-ending an autonomous vehicle, including one in which the test driver of the autonomous vehicle had taken over manual control;

- one involved a vehicle hitting an autonomous vehicle during a two lane turn;

- one involved an autonomous vehicle being hit by a car passing on the right;

- one involved an autonomous vehicle hitting a bus while moving to the left; and

- one involved an autonomous vehicle that hit a car after the test driver took over manual control and did not change the path of the autonomous vehicle.

Certainly, there are many questions that could be raised about these accidents.

For example, are these accidents any different from accidents that occur when vehicles are being driven by drivers with manual control?

Would the rear-enders have occurred if the cars behind the autonomous vehicles also had been autonomous vehicles? Did the rear-enders occur because the autonomous vehicles were proceeding more cautiously than human drivers actually would have done?

Regarding the two lane turn accident: Would a human driver in the autonomous vehicle have been able to avoid the vehicle that turned into it? If the other vehicle also had been an autonomous vehicle, would the accident have been avoided?

Regarding the autonomous vehicle hitting the bus: Would a human driver with manual control over the autonomous vehicle have waited for the bus to pass because it was a bus? If the bus had been an autonomous bus, would it have been able to avoid the accident?

And, regarding the accident with the car passing on the right: If a human driver had manual control over the autonomous vehicle, could that driver have seen the car passing on the right and moved over a bit in its own lane to avoid the accident?

Interestingly, there seem to have been few, and rather limited, personal injuries in accidents involving autonomous vehicles, at least according to the reports we reviewed. (We recognize that a test driver in an autonomous vehicle died last year in an accident in Florida.)

It very well may be that, with further advancements in autonomous vehicles, and with greater adoption by drivers, the number and severity of automobile accidents will decline. At least that is the promise of the industry.