Abstract
Autonomous vehicles present fundamental challenges to tort liability systems designed for human drivers. This study examines whether laypeople exhibit systematic bias in fault attribution and damage awards when defendants operate autonomous vehicles rather than conventional vehicles, and whether information about tort law's preventive function moderates these judgments.
We conduct a pre-registered randomized experiment with 4,200 participants using a 2×2 factorial design. The first factor varies information content: participants receive either general civil litigation information or information emphasizing tort law's preventive function in promoting safety investments. The second factor varies engagement: half of participants answer support questions about the preventive function of tort law while half do not. Following treatment, all participants complete six vignette-based liability scenarios as mock judges in traffic accident cases. Each scenario systematically manipulates defendant vehicle type (human-driven vs. autonomous), accident preventability, vehicle performance characteristics, and plaintiff fault levels.
Our design addresses two research questions. First, we estimate whether autonomous vehicle defendants face higher fault attributions or damage awards compared to human drivers in otherwise identical accidents, testing for autonomous vehicle aversion in liability judgments. Second, we test whether information emphasizing tort law's deterrence function reduces or amplifies any observed bias, examining whether framing tort law as a safety incentive mechanism rather than purely compensatory affects liability judgments differently for autonomous versus human defendants.
The vignette scenarios present realistic traffic accidents involving either two vehicles (intersection and highway settings) or vehicle-pedestrian collisions. We manipulate defendant vehicle technology (human-driven vs. fully autonomous), accident preventability (whether the defendant vehicle could have avoided the accident), autonomous vehicle performance capabilities (superior vs. equivalent to human drivers), and plaintiff baseline fault (equal to, lower than, or much lower than the defendant’s fault). Each participant evaluates six scenarios selected through constrained randomization to ensure exposure to different vehicle types while maintaining statistical power.
Primary outcomes include fault allocation percentages (comparative negligence determination) and solatium amounts (non-pecuniary damage awards). We measure both point estimates and participants' reported confidence in their judgments. This confidence measure enables analysis of decision certainty, which may differ between autonomous and human defendant cases even when average judgments appear similar.
We stratify randomization by age, gender, and metropolitan residence to enable analysis of heterogeneous treatment effects. These dimensions are policy-relevant because public acceptance of autonomous vehicles may vary systematically across demographic groups, and tort liability judgments by actual judges or juries may reflect similar heterogeneity. Our sample includes targeted recruitment from regions with ongoing autonomous vehicle development initiatives.
The experimental design enables causal identification of information treatment effects on liability judgments while the within-subject vignette variation permits estimation of autonomous vehicle bias through difference-in-differences analysis. By varying both information framing and engagement depth, we test whether passive information exposure suffices or whether active processing through support questions is necessary to shift liability judgments.
This study contributes to understanding how liability systems may need to adapt as autonomous vehicles become prevalent. If we observe systematic bias against autonomous vehicles, this suggests that current liability frameworks may inadvertently create excessive deterrence for autonomous vehicle deployment even when these vehicles demonstrably improve safety. Conversely, if information about tort law's preventive function reduces bias, this suggests that public education about liability system objectives could facilitate autonomous vehicle adoption while maintaining appropriate safety incentives.