Liability Challenges in AI-Driven Autonomous Vehicles

Abstract

Artificial intelligence systems have advanced rapidly in recent years, particularly in the development of autonomous vehicles. As these technologies become more integrated into public life, they have raised urgent legal and ethical questions—most notably, how liabilities should be assigned in the event of an accident. Unlike traditional traffic incidents, accidents involving autonomous vehicles are rarely the results of human misconduct. Instead, they stem from complex interactions among software, sensors, algorithms, and their environments. To address these questions, this article argues that a strict liability regime is the most appropriate legal framework for addressing accidents involving autonomous vehicles, mainly because it bypasses the need to assign faults to entities incapable of moral or legal responsibility. By removing the burden of proving negligence, the strict liability regime better accommodates the technological opacity and the causal complexity that characterize AI-operated systems. Contra the claim that such a regime might hinder innovation, this article contends that it would enhance public trust, ensure victim compensation, and promote responsible deployments of autonomous technologies. To ground the discussion in real-world applications, the article examines a recent controversial accident involving an autonomous vehicle in mainland China. In doing so, it evaluates competing legal approaches and addresses key counterarguments, ultimately demonstrating that the strict liability regime is not only fair and pragmatic, but necessary for the sustainable integration of AI into transportation systems.