Publication details

Prokazování příčinné souvislosti v kooperativních systémech

Title in English The Proof of Causal Nexus in Cooperative Systems
Authors

ŽOLNERČÍKOVÁ Veronika

Year of publication 2019
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description Today’s road traffic system is functional due to a complex set of rules. The key element of the system is a natural person in the driver’s seat that makes decisions. If an autonomous system is present instead of the natural person, it can make the same variety of decisions as a human can. But on top of that, it can communicate with other vehicles and surrounding infrastructure. Such shift in the capabilities of vehicles is so significant that we should not be asking how to make autonomous vehicles conform to the rules, but instead how to structure the rules so that they can conform with autonomous vehicles. One of the legal issues is that the civil liability for damages caused by a motor vehicle depends on the proof of causal nexus between the action of a certain person (the driver) and the damage occurred. Even if the legislation is amended, so that the action is allocated to another person (manufacturer, operator, programmer) instead of the driver, the issue prevails. The damage occurred will never be the sole fault of only one vehicle. The fault will be distributed among other vehicles and the infrastructure in the cooperative system. The article tackles a barely explored area of the proof of causality in multicausal damages caused by a cooperative road traffic system. The article analyses current case law dealing with proof of causality and subsequently it analyses the overall Czech approach towards the issue. The main question of the article is, if it would be possible to prove causal nexus in cooperative system under current legislation.
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