Criminal Liability in AI-Enabled Autonomous Vehicles: A Comparative Study

Abstract

AI revolutionizes transportation through autonomous vehicles (AVs) but introduces complex criminal liability issues regarding infractions. This study employs a comparative legal analysis of primary statutes, real-world liability claims, and academic literature across the US, Germany, UK, China, and India; jurisdictions selected for their technological advancement and contrasting regulatory approaches. The research examines the attribution of human error, AI moral agency, and the identification of primary offenders in AV incidents. Findings reveal fragmented regulatory landscapes: India and the US rely on loose networks of state laws, whereas the UK enacted the pioneering Automated and Electric Vehicles Act 2018. Germany enforces strict safety standards, distinguishing liability based on the vehicle's operating mode, while China similarly aims for a stringent liability regime. The study concludes that globally harmonized legal standards are essential to foster technological innovation while ensuring minimum risk and clear liability attribution.