The gradual appearance of drones on our roads raises questions about liability and compensation for possible victims. In a world where technology is developing rapidly, the legislator is often quickly overwhelmed, which also inhibits the democratization of these technologies in general.

In the 2010s, manufacturers made optimistic announcements about autonomous vehicles, prompting many governments to consider the issue. In France, traffic rules have evolved to include categories of “partially”, “highly” or “fully” automated vehicles. But what about liability in the event of an accident?

Differences between traffic rules and transport rules

The legislative answer is clear: the driver remains responsible when the vehicle is under his control, but also when the car asks the driver to take control again. As long as the driver is in the vehicle and can resume control, they are legally responsible for the accident.

However, this duty in the Highway Code differs from the Transport Code, which applies to fully autonomous route transport. In the rules of the road, which apply to personal cars, we are not yet talking about fully autonomous shuttles.

The manufacturers were also responsible

The issue of manufacturer liability arises in serious cases, especially where personal injury is involved, and it can be established that the manufacturer was at fault, for example, marketing an autonomous vehicle with critical software flaws. In such cases the manufacturer may be held legally liable.

For less serious violations, such as running a red light or exceeding the speed limit in offline mode, the manufacturer may have “material liability” AND will have to pay the corresponding finebut he will not be criminally liable.

Regarding compensation to victims, the law remains pragmatic. Whether the vehicle is offline or not, the insurers of the car(s) involved in the accident are obliged to compensate the victims.

Insurers play a key role by having access to the vehicle’s “black box” in the event of an accident, allowing them to identify potential design defects. This means that manufacturers’ insurers have to cover new risks, which means an inevitable increase in costs, which will obviously be reflected in car prices.

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