Driverless car and self-learning car: liability for damages

This article is concerned with the legal issues regarding civil liability for damage caused by the ownership, pro-duction and “operation” of smart vehi-cles. The new millennium is character-ized by ever more pressing scientific and technological development, by the affirmation of new technologies, by greater interaction between man and machine. The authors argue in favour of a liability regime, anchored in general principles of law, which combines the strict liability of the manufacturer with presumed fault liability of the owner and/or driver of the vehicle. A joint and several interweaving of these forms of liability will provide efficient legal pro-tection of victims of road accidents caused by smart vehicles. The liability is supported on the precautionary prin-ciple and fundamental principles of the Constitution, as found also in constitu-tions of other Western countries, and further supported by the EU Charter of Fundamental Rights and the European Convention on Human Rights.