Autonomous and Automated Vehicles in Germany and Hungary, with Special Attention to the Question of Civil Liability

Abstract

The most frequent questions associated with autonomous vehicles both in the world press and in legal literature are those that look for the answer as to who is responsible for the accidents caused by these machines. However, only a few such questions deal with the issue that all factums apply different definitions, and the terminology is the basis of applying the particular factum. So, among others, answering the question is inevitable as to whether the autonomous or automated vehicle can be considered a ‘vehicle’, or the human sitting in the car can be considered the ‘driver’. If we decide not to consider the autonomous vehicle to be a vehicle, and – ad absurdum – we create an independent, sui generis category of vehicles, then the legal factums regarding the definition of the vehicle will not be applicable to the factum concerning the history of autonomous vehicles; however, their applicability will surely be questioned. With regard to this, I focus in my study on how the German Road Traffic Act (Straßenverkehrsgesetz) accommodates more advanced automated vehicles, and after this I compare the Hungarian and German rules that are relevant in terms of civil liability if we study the vehicles in question.