Liability Issues Concerning Self-Driving Vehicles

Abstract

This article deals with the civil liability issues that arise when self-driving vehicles are admitted to our streets. Firstly, it is explained why strict liability regimes for the vehicle holder, which are in place in several jurisdictions across Europe, are a workable foundation for ensuring compensation of the victim. However, accidents caused by highly automated vehicles will raise the question of the manufacturer's liability for a defective product. Accordingly, this article examines the effects of the circumstance that accidents occurring with self driving cars will no longer be caused by misconduct of the human driver, but often rather by a system malfunction. Thirdly, it is argued that preferably the manufacturer should be the risk bearer and that this shift in liability towards the manufacturer will result in an adequate allocation of liability.