Analysis on Legal and Organisational Issues Deriving from the Implementation of Advanced Driver Assistance Systems (ADAS), Within the Advisors EU Project
E Bekiaris and A Oikomomou, Hellenic Institute of Transport, GR; K van Wees, TRAIL, NL
As driver's observations, judgements and decisions will be partly taken over by Advanced Driver Assistance Systems (ADAS), semi-automation or automation of the driver's task may obscure the cause and/or the responsibility of accidents and, as a result, create uncertainty about legal liability. This may increase the number, complexity and parties to lawsuits; thereby impending the deployment of suchsystems, decreasing possibilities for victims to get compensated for their damage, raising transaction costs or diminishing public acceptance. Furthermore, such liability issues are strongly related to aspects of insurance, since insurers can, through their policies, influence the behaviour and decisions of drivers, car-owners and producers. ADVISORS project (co-funded by DG TREN of EU) performed a thorough analysis of the relevant legal risks and barriers, correlated them to the civil liability, criminal, product liability, traffic law and insurance and victim protection schemes in all EU countries and USA and concluded in specific application hypotheses. To further resolve those key issues, it developed a PC-based questionnaire with 10 accident scenarios and collected expert opinions on them by interviews Europe-wide and two national workshops (in the Netherlands and Greece). The scenarios covered different types of ADAS, such as driver monitoring, Anti-Collision warning, Road Departure warning and extended navigation systems. The analysis of gathered results by technical and legal experts of the Consortium, based upon an extended FMEA risk analysis methodology, concluded to concrete policy recommendations for the industry, the relevant authorities and the national insurance bodies.
Association for European Transport