Who Should Be Held Liable When A Self-Driving Car Crashes?

Self-driving cars, also known as autonomous vehicles, raise many complex questions for tort law.

As we discuss in our new, multimedia feature, The Ethical Implications Of Artificial Intelligence, the rise of AI will transform law and the legal profession in many profound ways.

Take self-driving cars, also known as autonomous vehicles, which raise a host of complex questions for tort law. When a self-driving car causes damage or injury, who should be held responsible? Which legal theories, such as negligence, breach of warranty, or strict liability, should apply?

Here is a very simplified question — admittedly imprecise and incomplete, not at the level of a law school exam hypothetical — designed to explore these issues.

A passenger hires a self-driving car, through a service like Uber or Lyft, that is programmed by artificial intelligence, from a company like IBM or Google. Because of bad weather, this autonomous vehicle injures a pedestrian.

As a very general matter, who should bear the losses from this accident, and in what rough percentages?

Take our poll.

Earlier: The Ethical Implications Of Artificial Intelligence