Who Is Liable When a Driverless Car Crashes?

Autonomous vehicles (AVs) will revolutionize mobility in the future. However, accidents will still happen and it will affect the practices of today’s tort laws. This work discusses all those aspects which should be considered in order to find out who is liable, i.e., an operator, owner, manufacturer...

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Bibliographic Details
Main Author: Muhammad Uzair
Format: Article
Language:English
Published: MDPI AG 2021-04-01
Series:World Electric Vehicle Journal
Subjects:
Online Access:https://www.mdpi.com/2032-6653/12/2/62
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author Muhammad Uzair
author_facet Muhammad Uzair
author_sort Muhammad Uzair
collection DOAJ
description Autonomous vehicles (AVs) will revolutionize mobility in the future. However, accidents will still happen and it will affect the practices of today’s tort laws. This work discusses all those aspects which should be considered in order to find out who is liable, i.e., an operator, owner, manufacturer, government entity, software provider, network provider, original equipment manufacturer (OEM), etc., as traditional tort rules will not help to find out the liability in case of an AV accident. The work comprehensively discusses different liabilities ranging from legal, civil, operator, criminal, moral, product, insurance, etc., to find out who is liable in case of an AV accident, as compared to the existing literature which generally discusses one or two aspects only. The work also presents the current state of legislation and discusses legal challenges to the lawmakers, insurance companies, consumer, and manufacturers, etc. The future mobility models and different scenarios of AV accidents have also been discussed in terms of legal liability and third party insurance claims. The role of regulatory bodies and different challenges has also been discussed along with recommendations. Finally, the work also proposes a new novel liability attribute model with a particular focus on ethical issues. The research proposes that liability should be attributed in such a way that it benefits everyone and everybody feels justified in case of an AV accident. The research also concludes that product liability will be the major issue in terms of insurance issues and the manufacturer should be held liable for product failure unless other evidence favors the manufacturer.
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spelling doaj.art-45504fd167d3421d905f9f42a520bb7b2023-11-21T16:54:12ZengMDPI AGWorld Electric Vehicle Journal2032-66532021-04-011226210.3390/wevj12020062Who Is Liable When a Driverless Car Crashes?Muhammad Uzair0Faculty of Engineering, Islamic University of Medina, Medina 42351, Saudi ArabiaAutonomous vehicles (AVs) will revolutionize mobility in the future. However, accidents will still happen and it will affect the practices of today’s tort laws. This work discusses all those aspects which should be considered in order to find out who is liable, i.e., an operator, owner, manufacturer, government entity, software provider, network provider, original equipment manufacturer (OEM), etc., as traditional tort rules will not help to find out the liability in case of an AV accident. The work comprehensively discusses different liabilities ranging from legal, civil, operator, criminal, moral, product, insurance, etc., to find out who is liable in case of an AV accident, as compared to the existing literature which generally discusses one or two aspects only. The work also presents the current state of legislation and discusses legal challenges to the lawmakers, insurance companies, consumer, and manufacturers, etc. The future mobility models and different scenarios of AV accidents have also been discussed in terms of legal liability and third party insurance claims. The role of regulatory bodies and different challenges has also been discussed along with recommendations. Finally, the work also proposes a new novel liability attribute model with a particular focus on ethical issues. The research proposes that liability should be attributed in such a way that it benefits everyone and everybody feels justified in case of an AV accident. The research also concludes that product liability will be the major issue in terms of insurance issues and the manufacturer should be held liable for product failure unless other evidence favors the manufacturer.https://www.mdpi.com/2032-6653/12/2/62AVliabilitymanufactureroperatorproductinsurance
spellingShingle Muhammad Uzair
Who Is Liable When a Driverless Car Crashes?
World Electric Vehicle Journal
AV
liability
manufacturer
operator
product
insurance
title Who Is Liable When a Driverless Car Crashes?
title_full Who Is Liable When a Driverless Car Crashes?
title_fullStr Who Is Liable When a Driverless Car Crashes?
title_full_unstemmed Who Is Liable When a Driverless Car Crashes?
title_short Who Is Liable When a Driverless Car Crashes?
title_sort who is liable when a driverless car crashes
topic AV
liability
manufacturer
operator
product
insurance
url https://www.mdpi.com/2032-6653/12/2/62
work_keys_str_mv AT muhammaduzair whoisliablewhenadriverlesscarcrashes