LIABILITY FOR DAMAGES CAUSED BY AUTONOMOUS DRIVING VEHICLES FROM THE EU LAW PERSPECTIVE

Abstract

The rise of autonomous driving vehicles and artificial intelligence systems presents significant legal challenges in various regulatory fields. Among them is main subject of this paper: liability for damages caused by autonomous driving vehicles. Common regulatory approach of liability caused by vehicles is based on fault or negligence. The legal subjects responsible for causing the accident are held liable for damages. Traditional liability legal frameworks, designed for human drivers, struggle to address the complexities introduced by vehicles operated with assistance of artificial intelligence. When it comes to artificial intelligence systems general regulatory approach varies from extensive risk-based framework best represented by the new European Union Artificial Intelligence Act to the liberal technology friendly approach like one adopted in the United States. Particular focus of this research is on the European Union Product Liability Directive. The new Directive plays a crucial role in holding manufacturers and software developers accountable with application of its rules on strict product liability. Paper explores its interconnection with Artificial Intelligence Act when it comes to liability for damages caused by autonomous driving vehicles. Other legislative efforts aiming to fill regulatory gaps and establish clear rules for liability of damages caused by autonomous driving vehicles are also explored. The interplay between existing and emerging European Union liability frameworks is elaborated. The paper detects the need for harmonized legal standards to ensure consumer protection, fair compensation mechanisms, and legal certainty in the context of accidents related to the use of autonomous driving vehicles.