Compatibility of the future civil liability regime for artificial intelligence with the rules of Private international law in cross–border road traffic accidents caused by automated vehicles

Abstract

The introdution of automated vehicles will contribute to the gradual decrease in the driver’s liability involved in cross–border traffic accidents, versus that of producers and operators of Artificial Intelligence systems installed in these vehicles. Thus, there is a paradigmshift, fromthe regime of fault–based liability of the driver to that of the strict liability for product defects, which will directly affect the application of the rules of Private international law in order to determine the applicable law in cases of tort liability. This paper analyses the EU legislative initiatives on AI and civil liability and its compatibilitywith the rules of private international lawapplicable to tort liability arising fromcross–border road traffic accidents.