Liability Of Autonomous Vehicles

Abstract

As autonomous vehicles (AVs) become increasingly common, determining liability in the event of an accident presents a major legal and ethical challenge. With 91% of Americans holding a driver’s license and over 60% of cars on the road featuring some level of autonomy, understanding who bears responsibility—drivers, manufacturers, or software developers—is crucial. This paper explores the evolving debate over AV liability, highlighting the complexity of assigning blame as technology progresses toward full automation.

Some argue that manufacturers should hold primary liability due to their role in designing and programming AV systems, especially as traditional product liability laws apply to technological defects. Others emphasize the continued need for driver oversight, particularly for Level 1–3 AVs, which still require human intervention. Assigning responsibility to drivers can prevent complacency and overreliance on automation. Software developers are also considered for liability, given their role in decision-making algorithms; however, legal and moral complications arise when coding ethical choices into AV behavior.

This paper ultimately argues for a shared liability model, where both manufacturers and drivers hold responsibility based on the vehicle's level of autonomy and situational context. This approach balances safety, accountability, and ethical concerns, reflecting the transitional nature of AV technology. By distributing responsibility, it discourages driver negligence and promotes higher safety standards in vehicle development, guiding the safe integration of AVs into society.