Autonomous Vehicle and Liability in Sweden

This chapter is the Swedish part of a research project that intends to edit a comparative description and analysis of civil liability in the context of automated vehicles for selected countries. The chapter shows that Swedish liability legislation regarding vehicles focuses mainly on three liability subjects: the manufacturer, the owner, and the driver. When the vehicle is used in traffic, the driver is the main liability subject. This poses legal difficulties in the context of automated vehicles. Swedish law does not provide a legal definition of a “driver”; however, it is clear from case law that a driver is a physical person and not software or a computer. Our conclusions are that the Swedish liability legislation is adapted for driving on levels 0–3 according to the SAE J3016 standard. The current legislation regarding traffic insurance is such that it could be applied for all levels of automated vehicles. Traffic insurance will remain an important part of liability law for automated vehicles on levels 4 and 5. For vehicles on automation levels 4 and 5, the existing legislation within Swedish liability law requires adaptations, especially with regards to the driver’s responsibilities during automated travel. Currently, Swedish law depends on the courts to develop the concept of “driver” and the driver’s responsibilities to function in a context with automated vehicles. We therefore invite the Swedish legislature to promptly continue to develop the Swedish liability legislation in light of the technical advances within the field of automated vehicles.