As has been observed, Artificial Intelligence is a complex system of algorithms that aim to develop tasks carried out by humans and even simulate them.
It is for this reason that Artificial Intelligence has had an impact in the automotive field , developing autonomous vehicles without the need for the driver to interact with the vehicle for it to transport him as it had been doing.
However, although Artificial Intelligence brings with it advantages, the truth is that it also entails risks, including civil liability of Artificial Intelligence.
This civil liability, now applied to the automobile sector, can also be used in other areas such as the healthcare sector (see: robot that carries out an operation and, by making a mistake, causes the death of a patient).
The current legislation on civil liability is obsolete to the extent that it is not adapted to the new reality , which causes a series of legal loopholes and leaves its resolution at the mercy of future jurisprudence and doctrine.
Autonomous vehicles are characterized by programming previously developed by manufacturers, as well as a lack of human control when driving the vehicle.
A priori, civil liability must fall on the manufacturer of the autonomous vehicle. However, the level of automation of the creation must be assessed. This is highly important to determine the so-called civil liability for risk, since it will allow us to assess the degree of interference that the driver has when making decisions.
It is also important to know whether the vehicle was in a suitable state, because if by chance the vehicle that causes an accident did not have automation or it was minimal (i.e. the driver has to intervene), either subjective liability of the driver or a concurrence of faults may arise. The same happens with those vehicles in which various manufacturers have participated in their development and in which Artificial Intelligence has been required.
Some authors suggest the possibility of developing a specific liability system in which the autonomous vehicle is given personality , such that it must have compulsory insurance to cover civil liability.
Regulations: AI and civil liability of vehicles
Since there is currently no regulation, the General Law for the Defense of Consumers and Users must be applied, as well as the Insurance Contract Law, to the extent that it is the general regulation, provided that the requirements for its application are met.
In Europe, it was the European Parliament that issued a resolution in October 2020 recommending the development of a civil liability system specific to and applicable to Artificial Intelligence ().
And, in the case of Spain, there was a modification to the Law on Traffic, Circulation of Motor Vehicles and Road Safety , stating in article 11 bis that: “The owner of the automated driving system of a vehicle must communicate to the Vehicle Registry of the autonomous body Central Traffic Headquarters the capacities or functionalities of the automated driving system, as well as its operational design domain, at the time of registration, and subsequently, whenever any update of the system occurs throughout the useful life of the vehicle.”
And even the second paragraph of section 66.1 regarding the driving licence states that: “In the case of vehicles equipped with an automated driving system, their characteristics, both in terms of the degree of automation and the operational environment of use, will be recorded in the driving licence as developed by regulation.”
Jurisprudence:
In 2022, a case was heard in California in which an autonomous vehicle collided with another, causing the death of the two occupants of the traditional vehicle. An investigation was opened into these events since, apparently, there had been a failure in the autopilot system.
This is not the first death caused by an automatic car that has been analysed by the courts. In 2020, a driver was accused of homicide for not paying attention to the road, and the company that developed the autonomous vehicle was exonerated of all blame. In this case, it was a test of an experimental car.
Conclusions:
Each case will have to be assessed individually to determine the degree of automation of the vehicle, as well as the type of situation, and to assess whether or not a crime is committed or, on the contrary, only civil liability is possible.
