Civil Liability and autonomous vehicles - current regimes and tendencies in the EU

Ampovska, Marija (2023) Civil Liability and autonomous vehicles - current regimes and tendencies in the EU. In: Bratislava Legal Forum 2023, 11-12 Sept 2023, Probistip. (Unpublished)

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Abstract

The rapid advancements in autonomous vehicle technology have raised important legal questions regarding civil liability. As autonomous vehicles (AV) become a reality and legislation in certain countries allows fully automated driverless driving on public roads, it is essential to establish a comprehensive legal framework that addresses potential liability concerns. This abstract examines the current regime and emerging tendencies in the European Union (EU) regarding civil liability for autonomous vehicles. In most countries, the established liability regimes only consider conventional traffic in which the vehicle is under the total control of the human being and the liability in place is fault-based and/or risk-based liability, depending on the national law.
The current regime for autonomous vehicles in the EU is primarily governed by existing legal principles and frameworks. If we consider the Product Liability Directive and national traffic laws, then there are several possibilities: the automotive company (car manufacturer), the supplier, the software provider, the software operator, the AV owner, the driver, the car’s occupants, the insurance company, among others. For example, under the Product Liability Directive, manufacturers can be held strictly liable for damages caused by defective autonomous vehicles. However, determining liability becomes complex when autonomous vehicles operate in mixed traffic environments involving human-driven and autonomous vehicles. This situation has led to debates over the appropriate distribution of liability between manufacturers, drivers, and other parties involved in accidents.
Additionally, the EU is actively exploring the possibility of developing specific legislation on autonomous vehicles. Moreover, the EU member states have taken individual measures to adapt their legal systems to autonomous vehicles. Some countries have introduced specific liability regimes for autonomous driving, establishing a presumption of liability for manufacturers. These developments indicate a growing trend toward imposing a greater degree of liability on manufacturers and technology providers to ensure the safe operation of autonomous vehicles.
All existing tendencies as well as imposed special regimes will be the subject of analysis in this contribution and will be presented from the point of view of the traffic accident victims and their claims.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Marija Radevska
Date Deposited:	27 Sep 2023 09:27
Last Modified:	18 Oct 2023 10:51
URI:	https://eprints.ugd.edu.mk/id/eprint/32224

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