top of page

Autonomous On Indian Roads: Who Bears The Blame When Tesla’s Self-Driving Cars Crash?


Aditya Shaw, Heritage Law College, affiliated with the University of Calcutta, Kolkata


ABSTRACT


This article examines the complex legal environment that would develop in India if Tesla’s driverless cars were introduced, with a primary emphasis on determining who would be held responsible for accidents. Tesla's cutting- edge self-driving technology, which integrates advanced sensors, machine learning algorithms, and driver-assistance systems, has the potential to revolutionize road safety and efficiency. However, the challenges are compounded by the unique conditions of Indian roads—characterized by chaotic traffic, a diverse mix of vehicle types, and a complex infrastructure— which raise critical questions about fault determination when accidents occur in autonomous mode.


India's current legal framework, mainly the Motor cars Act, 1988 and the Consumer Protection Act, 1986, is still designed for human-operated cars in the absence of specific legislation for autonomous vehicles. Liability has historically been borne by the driver, who is presumed to have complete control over the vehicle. However, it becomes difficult to assign blame for negligence when Tesla's self-driving technologies function with little assistance from humans. It's uncertain if the driver, the manufacturer, or both should bear responsibility for an accident caused by a software bug or sensor malfunction. This situation emphasizes how urgently legislative changes are needed to handle the difficulties presented by autonomous car technology without endangering public safety.


Keywords: Autonomous Vehicles, Tesla Self-Driving Cars, Motor Vehicles Act, 1988, Indian Traffic Laws and AI, Artificial Intelligence in Transportation, Elon Musk' Tesla, Future of Mobility in India



Komentarze


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

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.

Disclaimer:

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.

bottom of page