Liability for Autonomous Vehicle Torts: Who Should Be Held Responsible?

The swift advancement of autonomous driving technology in China renders the traditional driver-centred liability framework inadequate for the regulatory demands of advanced automation. Traffic accidents involving advanced autonomous cars frequently provide difficulties in identifying responsible parties and assigning liability. This study employs a comparative analytical approach to evaluate the liability regimes utilised across different jurisdictions, such as the driver liability, the system liability, the manufacturer and operator liability, and the composite liability regimes.

It proposes that liability standards ought to differ according to levels of automation, mirroring the benefits and constraints of each regime within China’s legal and industrial framework. Liability should be assigned to the driver at Levels 0–2, divided between the driver and manufacturer or operator at Level 3, contingent upon road and system circumstances, and predominantly attributed to manufacturers, operators, and system providers at Levels 4–5. This study outlines a framework for enhancing China’s autonomous vehicle liability system and aligning legal accountability with technological advancements, while offering recommendations for other jurisdictions in regulating developing technology.