For selfdriving cars, the real challenge is a legal one

Road traffic has always been a subject of great interest for legal practitioners. The history of cars in the 20th century was marked by constant technological progress followed by changes in social and industrial organization. With the advent of mass production and the internal combustion engine, the automobile became a mass phenomenon that had a strong impact on society's customs. Technology has also had a significant impact on the world of law. The vast increase in the number of passenger cars has caused a notable spike in risks posed to society. The law had to counter this phenomenon with detailed rules for road traffic, with innovative rules on civil liability, and the introduction of compulsory vehicle insurance. In recent times, on the basis of interventions by the European legislator, the law has adopted similar solutions in various countries, which place the legal burden on the owner of the car, who is required to insure himself against civil liability. The question that everyone is now asking is: how will the legal framework change with self-driving cars?

The technology for autonomous driving depends on automated learning systems capable of processing data and determining the movement of cars. In the final stage of technological evolution – which will soon be attained – the human driver will no longer have to pay any attention at the driving wheel and will be able to take care of other activities. Furthermore, it is expected that cars will all be connected to each other and there will no longer even be the need for traffic lights. Some sociological studies state that people will lose interest in owning cars and that the automotive world will become like a utility service available to everyone. Users of all ages will be able to "call" vehicles using their smartphones. The advantages for society are evident in terms of lower environmental impact and greater inclusion, but - above all – a drastic reduction in the number of traffic fatalities. In fact, it is common ground that more than 90% of deaths caused by road accidents are due to human error. By eliminating the human factor, the number of victims will be significantly reduced and, to use the expression of Guido Calabresi, a famous scholar of tort law at Yale, the costs for society will be reduced.

The objective of the law is to accompany this kind of technological progress without placing obstacles to innovation. At the same time, the law must safeguard the health and interests of people who come into contact with the technology. In this regard, we cannot forget the uproar caused by the first person being run over and killed by an autonomous car, a tragic event that took place in Arizona in 2018, and a piece of news that made the headlines of all major newspapers in the world.

The first studies carried out at the European level show that the reactions of the legal world have been very cautious. It seems that for a while, the system that places liability on the owner of the car with the support of compulsory insurance will still be able to offer satisfactory answers. However, on the horizon we see the need for greater involvement of auto manufacturers that oversee the development of the operating systems of autonomous driving vehicles. If today the need is not to "discourage" investments in new technology, thus shielding the manufacturer from liability towards the injured, things could change in the future. In fact, there is discussion of a special liability of the car manufacturer, which will be held accountable for damages caused by operating systems and be required to take out insurance to cover compensation payments.

But the road is still long and there are many aspects that still need to be clarified. How will "negligence" of an operating system that rests on algorithmic decisions be evaluated? How will so-called "no-win situations", where the operating system has to decide whether to sacrifice human lives to save others, be regulated? How will the processing of data needed by self-learning systems to improve driving performance be regulated? Law and technology scholars will focus on these and other issues in the coming years, with only one certainty: autonomous driving will change social customs and upend existing rules.