Liability Allocation in Autonomous Vehicles: From Ethics to Law

Authors

  • Haoyu Huang

DOI:

https://doi.org/10.61173/ap42kp92

Keywords:

Autonomous Vehicles, Liability Allocation, Ethical Dilemmas

Abstract

This paper addresses the complex issue of liability allocation in autonomous vehicle accidents, considering both legal and ethical perspectives. With the rapid development of autonomous driving technology, traditional legal frameworks struggle to cope with the new challenges posed by driverless vehicles. The ambiguity in liability arises from the involvement of multiple parties, including vehicle manufacturers, software developers, and car owners. Ethically, decisions made by autonomous vehicles in unavoidable accident scenarios raise difficult questions about moral responsibility, such as whether to prioritize passengers or pedestrians in emergency situations. The paper explores these ethical dilemmas, using the “Trolley Problem” as a reference, and argues for the development of an ethical framework for algorithmic decision-making. Additionally, the paper critiques the lag in legal adaptation and proposes reforms to establish clear liability frameworks. In conclusion, it emphasizes the need for a legal system that integrates technological progress with ethical considerations to ensure fairness and accountability in the era of autonomous vehicles.

References

[1] Ding Zhengfeng, On the Principle of Attribution in Road Traffic Accidents, China Court Network (2003), https://www. chinacourt.org/article/detail/2003/09/id/83221.shtml , last accessed on November 1, 2024;

[2] People’s Court of Minquan County, Henan Province, Judicial Determination of Criminal Liability for Autonomous Driving in China, China Court Network (2024) https://www.chinacourt. org/article/detail/2024/10/id/8164438.shtml , last accessed on November 1, 2024; Zheng Ge The Future of Artificial Intelligence and Law [J]. Exploration and Controversy, 2017, (10):78-84; Miao Jinqiang Analysis of Criminal Law Theory on the Infringement of Others’ Legal Interests through Emergency Evacuation: A Study of the “Tram like Problem” [J]. Journal of Chengdu University of Technology: Social Sciences Edition, 2016, 24(6):7;

[5] Zheng Yushuang Algorithm Justice and Legal Responsibility System for Autonomous Driving [J]. Legal and Social Development, 2022, 28 (04): 145-161;

[6] Wang Jingyue, Wang Xinliang, Extraterritorial Laws and Practices of Autonomous Driving, China Court Network (2024) https://www.chinacourt.org/article/detail/2024/08/id/8059548. shtml , last accessed on November 1, 2024;

[7] Liu Mingxiao, autonomous driving is here, how should the law respond? Supreme People’s Procuratorate of the People’s Republic of China (2021), https://www.spp.gov.cn/zdgz/202107/ t20210728_525071.shtml , last accessed on November 1, 2024;

[8] Hu Yong, “Trolley Dilemma” in the AI Era: Moral Quest for autonomous vehicle, Development and Research of Digital Society (2024) https://mp.weixin.qq.com/s/_ XNNFG5hTXCOOEwnhMsADQ , last accessed on December 1, 2024;

[9] Shi Jinhang Accident responsibility distribution and rights protection of various autonomous vehicle [J]. Legal System and Society, 2020, (05): 66-67;

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Published

2025-04-21