Autonomous Vehicles and Civil Liability in Belgium

In the absence of an ad hoc liability regime for autonomous vehicles, victims will have to rely on existing Belgian legal frameworks. Whereas certain road victims, the so-called ‘vulnerable users’, will presumably continue to benefit from facilitated compensation stemming from the no-fault regime of Article 29bis, other road victims, including drivers, will have to resort to general fault liability, liability for things or product liability as a legal basis for bringing a claim. The following analysis identifies potential legal hurdles that may arise when applying these regimes and which may vary according to the vehicle’s automation level. Furthermore, the analysis provides an overview into the potential for autonomous vehicles to ‘disrupt’ existing liability paradigms, notably through the foreseen digitalisation and ‘servitisation’ of mobility.