Autonomous vehicles and the issue of liability for damage caused by the movement of such a vehicle

Abstract

Objectives The aim of the article was to discuss the development of a model of civil liability for damage caused by an automated or fully automated vehicle. Material and methods The article presents an overview of current national, EU and international regulations regarding autonomous vehicles and the review of the literature on the legal regulation of the autonomous vehicles. On the basis of these materials an attempt to answer the question of which model of liability for damage caused by the movement of an autonomous vehicle will guarantee the greatest legal protection to victims of traffic accidents was made. Results The conducted analysis allowed to draw the conclusion that in the context of the progressing automation of motor vehicles, the key challenge for legislators will be, for example, regulating the issue of civil liability for damage caused in the traffic of autonomous vehicles, in particular vehicles with SAE levels 3-5. Conclusions To conclude, strict liability for damage is the most advantageous solution for the victim of a traffic incident, who is not obliged to determine or prove the cause of the damage event. However, it is impossible to exclude situations in which claims for damages will be directed against other entities (in particular, the vehicle manufacturer or the software manufacturer). This will especially apply to situations where the vehicle owner or driver is the victim of a traffic incident, the course of which he or she had no influence on (e.g., a software error).

Keywords

• motor vehicle owner liability
• autonomous vehicle
• automated vehicle
• fully automated vehicle
• road transport
• adas
• ads