From Driver to Algorithm: Re-examining Tort Liability for Self- Driving Cars

Abstract

The development and deployment of autonomous vehicles (AVs) present one of the most complex challenges for contemporary tort law. Traditional principles of negligence and product liability, designed around the paradigm of human-operated vehicles, are fundamentally disrupted when the driving function is transferred from a human operator to an algorithmic system. This article
critically re-examines the tort liability framework applicable to self-driving cars, evaluating the adequacy of existing legal doctrines in allocating responsibility for accidents involving autonomous vehicles. Through a comparative analysis of legal approaches in the United States, the European Union, and the United Kingdom, this paper explores the doctrinal challenges posed by AVs,
including the identification of the responsible party, the standard of care applicable to autonomous systems, the role of product liability in addressing design and software defects, and the potential for strict liability frameworks. The article further considers the implications of algorithmic decision- making for moral and legal accountability, including the ethical dilemmas embedded in AV programming and the challenges of proving causation in complex autonomous systems. The analysis concludes with recommendations for a reformed tort liability framework that ensures adequate compensation for victims, promotes safety innovation, and provides legal certainty for manufacturers, operators, and users of autonomous vehicles.