Liability for Automated and Autonomous Driving in Germany

In 2017, regulations specifically addressing conditional vehicle automation were added to the Federal Road Traffic Act in Germany. In a further quantum leap, legal provisions for highly automated cars were introduced in 2021. The intention of the German Government of the time was to demonstrate the country’s leadership in the development of self-driving vehicles and the surrounding legal ecosystem. This chapter examines the legal ramifications of vehicle automation in Germany specifically from a liability law perspective. The focus is first on SAE Level 0–2 vehicles, thereby carefully distinguishing between the driver, vehicle keeper and manufacturer as potential liability addressees and the preconditions for such liability to be available. In view of the rapid progress of vehicle automation, the chapter then places particular focus on the novel liability issues that the operation of motor vehicles at SAE Levels 3 and 4 gives rise to. As these automation levels have already been taken up by the 2017 and 2021 amendments to the Road Traffic Act respectively, it lends itself to elaborate on the merits and pitfalls of these novel statutory provisions, which may be of particular interest to readers from jurisdictions that are currently considering the introduction of a legislative framework for SAE Levels 3 and 4. What is more, the intricate allocation of liability in the context of emerging trends in the automotive sector such as artificial intelligence and software updates is discussed. Finally, liability for SAE Level 5 driving is dealt with. So far, no specific legal rules for the operation of fully automated vehicles exist in Germany. Hence, the adaptability of the existing civil liability system towards robotic vehicles will be analysed in the last part of this chapter.