Liability for Damages Caused by Autonomous Vehicles

Abstract

The field of transport, both collective and individual is nowadays one of the areas in which the artificial intelligence is promptly developing. The human?s communicative activity that constitute the condition of society?s development is also the source of threats. The extent of a possible danger has risen incomparably in the second half of the 20^th century along with the increase of the number of vehicles. That is why, the growing need for creating a mechanism of damage compensation in the civil law has been reflected by the liability regulations. It is connected to the development of a system of insurances, especially third part insurance. The following issues have gained a new meaning due to the works on the autonomous vehicles, especially when it comes to the question who should be responsible for the damages caused by such type of cars. Depending on the situation, the liability can be assigned to the driver of the car, the owner, the operator, the producer, but also the public authorities that approve the requirements for the car?s software.

The presented conclusions show that the actual legal situation permits the liability assignment. Due to the traditional point of view, in case of owning a car, it is possible to apply the article 436 of the civil code. When we assume that the autonomous vehicle is dangerous, the liability based on the article 449¹ should be applied. It is also possible to adopt the public authority?s liability, especially when the legal requirements for the exploitation research is concerned.

Irregardless the existing solution in the Polish law, it is to be expected that the issues related to responsibility for the autonomous vehicles will constitute to a wider extent the object of the European Union?s law regulations.