Liability for Damage Caused by Autonomous Vehicles

Esther Engelhard, Roeland de Bruin
Numerous companies and researchers are fastly working on the development of motor vehicles that are more and more autonomous and even fully autonomous (driverless), sensing their environment and navigating without human input. Also, various cities in Europe are planning transport systems for driverless cars, and several countries have already allowed these cars to be tested on public roads. In the meanwhile, the question arises as to where responsibility lies or should lie for damage resulting from casualties with autonomous vehicles. This study finds that in the absence of legislative intervention, national risk-based and, to a lesser extent, fault-based rules for civil liability will become highly relevant when applied to claims for compensation after casualties with autonomous vehicles, but that these rules will not give satisfactory results as these contain serious gaps and constraints in this respect. Regulatory revision must, therefore, be considered. The study seeks to shed light on the applicability and gaps and constraints of the current legal frameworks for liability and motor insurance within the EU, and regulatory challenges that lie ahead. It focuses on the regulatory role that the EU, and the European Commission in particular, could play and the European Added Value.
Eleven international publishing 2018, 113 p., € 45
ISBN 978 94 6236 865 1