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Tortious Liability In Driverless (Autonomous) Vehicles: A Critical Analysis With Special Reference To India




Rakshit B. Sherekar, Navjeevan Law College, Nashik


ABSTRACT


The rise of autonomous vehicles (AVs) represents a major shift in transportation, with significant implications for legal systems worldwide. Traditional tort law, which is largely premised on human fault and negligence, faces serious challenges when applied to driverless cars that rely on artificial intelligence rather than human control. This paper examines how existing tort doctrines—particularly negligence, strict liability, and product liability—interact with autonomous vehicle technology. It argues that conventional frameworks are insufficient to address the complexities introduced by AI-driven decision-making. Through a doctrinal and comparative analysis, with special emphasis on Indian law, the paper proposes a hybrid liability model that combines strict liability, product liability, and regulatory oversight. The study further highlights the need for legislative reform in India to ensure victim compensation, technological accountability, and legal clarity.


Keywords: Autonomous Vehicles, Tort Law, Strict Liability, Product Liability, Artificial Intelligence, Motor Vehicles Act, India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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