Prokazování příčinné souvislosti u škod způsobených propojenými autonomními vozidly
| Title in English | Proving Causal Nexus for Damage Caused by Connected Autonomous Vehicles |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Revue pro právo a technologie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | AI; causal nexus; multicausal damage; autonomous vehicle; cooperative intelligent transportation system |
| Description | Proving Causal Nexus for Damage Caused by Connected Autonomous Vehicles Today’s road traffic system functions because of a complex set of rules. The key factor is a physical person sitting in the driver’s seat and controlling the vehicle. If instead of a physical person there is an autonomous system in charge of the vehicle, it is capable of a human-like decision making. Furthermore, it is communicating with other vehicles and with the surrounding infrastructure. This technological shift is so significant that it is necessary to revise fundamental legal principles and make sure that they will be applicable for autonomous technologies as well. One of the principles requiring revision is the proof of causal nexus. For establishing legal liability for damage caused in a road traffic accident, it is first needed to prove the causal nexus between the conduct of a specific person (the driver) and the damage caused. When talking about autonomous vehicles, causality should not be proven between the conduct of the driver and the damage, but between conduct of another person (manufacturer, operator, programmer) and the damage. Nevertheless, there is still the problem that the damage will never be caused by one single vehicle. Other vehicles and infrastructure connected in the cooperative system will all held their part of responsibility. This article focuses precisely on this road less travelled in AI legal research. The question is how to prove causality for multicausal damage in cooperative road-traffic systems. The article contains an analysis of current approach towards proving causal nexus in Czech law within relevant case law. Furthermore, it answers the question, whether it would be possible to prove causal nexus in cooperative systems while using the current legislation. |
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