Civil Liability for Self-driving Cars in Dutch Law

Benjamin von Bodungen, Ilaria Amelia Caggiano, Maria Cristina Gaeta and Hans Steege, Autonomous Vehicles and Civil Liability in a Global Perspective, Springer, Forthcoming

Tilburg Law School Research Paper

15 Pages Posted: 14 Aug 2023

Date Written: February 1, 2022

Abstract

This chapter discusses the Dutch rules on civil liability for accidents involving traditional cars and self-driving cars. In Dutch law, various parties may be liable in the case of accidents with a self-driving car: the owner or keeper, the driver, the possessor, the manufacturer, the car me- chanic. In practice, the owner or keeper will primarily be held liable as art. 185 WVW imposes strict liability for all accidents, even for self-driving cars. As insurance companies will cover the damages for such accidents, they may take recourse on car manufacturers on the basis of product liability or negligence. The driver (who is usually also covered by the car insurance) may also be liable on the basis of negligence if he could and should have intervened to prevent an accident. In the case of level 4 or 5 cars, the main issue is whether the courts will allow a driver to not pay attention continuously.

Keywords: self-driving cars, autonomous cars, liability, tort law

JEL Classification: K13

Suggested Citation

Tjong Tjin Tai, Eric, Civil Liability for Self-driving Cars in Dutch Law (February 1, 2022). Benjamin von Bodungen, Ilaria Amelia Caggiano, Maria Cristina Gaeta and Hans Steege, Autonomous Vehicles and Civil Liability in a Global Perspective, Springer, Forthcoming , Tilburg Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=4537195

Eric Tjong Tjin Tai (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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