The State of Autonomous Driving in the United States
Autonomous driving is often seen as the future of transportation, yet American drivers remain cautious about fully trusting this technology. While assisted driving systems have been around for over two decades and are generally accepted by consumers, full self-driving (FSD) technology faces significant skepticism.
According to the May 2025 edition of the Electric Vehicle Intelligence Report (EVIR), a substantial portion of the population views Tesla’s FSD as unsafe. Specifically, 60% of consumers consider it unsafe, while 77% are unwilling to use the technology. Additionally, 48% believe that full self-driving should be illegal. These findings highlight a growing concern among the public regarding the safety and legal implications of autonomous vehicles.
California, known for its technological advancements, has become a testing ground for autonomous vehicles (AVs). However, residents there have pushed for stricter regulations. Nearly 80% of California voters support requiring a human safety operator in self-driving trucks and delivery vehicles. Only 33% of voters have a favorable view of autonomous vehicles overall, indicating a need for more public education and trust-building efforts.
Understanding Levels of Autonomy
The Society of Automotive Engineers (SAE) categorizes autonomous vehicles into six levels, ranging from Level 0 to Level 5. Level 0 represents no automation, while Level 5 is full automation with no human intervention required.
Most Americans are familiar with Level 1 and Level 2 technologies. Level 1 assists with either steering or acceleration/deceleration, but not both simultaneously. Level 2 allows for simultaneous control of steering and velocity, which is what Tesla’s Full Self-Driving (FSD) currently offers.
Level 3 is where things become more complex, especially from a legal standpoint. This level allows drivers to take their eyes off the road in certain situations, meaning the vehicle’s software takes over. If an accident occurs during this phase, the manufacturer could be held accountable rather than the driver. This shift in responsibility requires a higher level of reliability in both hardware and software.
Legal and Ethical Challenges
The transition from Level 2+ to Level 3 is a significant step, as noted in a recent report by IDTechEx. The report emphasizes that once a vehicle reaches Level 3, the driver is no longer in control, raising important questions about liability and safety.
Tesla has faced multiple lawsuits over fatal incidents involving its FSD technology. In each case, the company has blamed the driver for the accidents. However, if Tesla were to achieve Level 3 autonomy, this defense may no longer hold up in court.
In contrast, Chinese automaker BYD appears ready to take on the responsibility of autonomous driving. BYD has introduced a smart parking feature that enables Level 4 autonomy, allowing vehicles to park themselves without human intervention. The company also promises to cover any accidents caused by this technology, offering drivers a direct claim process through their after-sales team.
Ongoing Legal Battles
Tesla continues to face legal challenges as it expands its FSD capabilities. In July, the U.S. District Court for the Southern District of Florida heard arguments in a lawsuit filed by the family of Naibel Benavides, who was killed in a crash involving a Tesla with FSD engaged. The incident involved a vehicle speeding through an intersection at 62 miles per hour, resulting in a tragic accident.
Tesla has maintained that the crash was due to driver error, despite evidence suggesting otherwise. The case highlights the ongoing debate over the responsibilities of manufacturers versus drivers in autonomous vehicle incidents.
As the technology evolves, so too must the legal and ethical frameworks surrounding it. The path to full autonomy is fraught with challenges, but with continued innovation and regulatory clarity, the future of driving may soon be redefined.
