Răspunderea civilă delictuală în cazul prejudiciilor cauzate de vehicule autonome
Civil delictual liability for damages caused by autonomous vehicles

Summary/Abstract: This article examines the civil liability framework applicable to damages caused by autonomous vehicles, a topic of growing relevance in light of technological developments which include the AI surge. The study begins by defining the notion of the autonomous vehicle, drawing on technical classifications, in particular the SAE International levels of driving automation (Levels 0–5), in order to establish the terminological foundation for subsequent civil liability determinations. The central focus of the article concerns the identification of the appropriate form of civil delictual liability whether it is subjective or objective, depending on the degree of the vehicle’s automation. It is argued that as human intervention progressively diminishes across higher automation levels, the traditional fault-based (subjective) liability model becomes increasingly inadequate, giving way to a strict (objective) liability regime that no longer requires proof of culpable conduct on the part of any individual actor.The article further analyzes the liability of autonomous vehicle manufacturers under the recent European Union product liability framework, with particular emphasis on the newly adopted EU Product Liability Directive, which modernizes the 1985 regime to expressly address AI-enabled and software-driven products. The revised directive's expansion of the defect concept, the easing of the burden of proof in favor of the victim, and its implications for autonomous vehicle litigation are also analyzed. Finally, the article analyzes whether the EU Artificial Intelligence Act is applicable to autonomous vehicles, which are believed to be classified as high-risk, which implies mandatory conformity, transparency, and accountability requirements.

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