Abstract:

The developments in the automotive industry have forced the German lawmaker to make a series of regulations. In this framework, a number of additions and changes to the German Road Traffic Act have been made. These changes aim to clarify the relationship between the driver and the autonomous vehicle in general. In the Turkish and Swiss law, it has been studied whether such a change is needed in particular in terms of the liability of the enterprise, whether the autonomization affects the elements related to the liability of the enterprise. In this context, the issue was addressed in the context of the dispute of responsibilities and liability in relation to compensation. In the context of the conflict of responsibilities, the operating danger of autonomization, the defect of the injury and the defect of the injury elements have been addressed. In the case of the rule, the operator and the general reputation of the responsible have been identified and the question of how the damage will be shared among the responsible. Through the issues, the following conclusions have been reached: the relationship between the driver and the vehicle will be clarified by the technical characteristics of the vehicle. Therefore, the difference between the vehicles and other vehicles that offer the highest level of driving possibility that the vehicle does not need any driver requires a different legal assessment in both respects. The differentiation of the technical characteristics will affect the determination of the responsible. Autonomization has no radical effects such as eliminating or weighing the responsibility of the enterprise. However, it is likely that autonomous operation could make the risk of the business less appreciated. In the event of an accident involving autonomous vehicles, the accident may arise from a technical failure, it will also lead to the responsibility of persons of the manufacturer nature. This point also demonstrates the need for the creation of a legal basis of product responsibility away from any discussion in our country.

Abstract:

The developments in automative industry lead German legislator to issue a couple of new provision on Road Traffic Law. This modification determines generally relations between driver and autonomisated vehicle. In scope of our work it is examined whether it is necesarry to modificate provisions especially on operator liability, as well as whether autonomisation effects operator’s liability directly or undirectly rather than all relating provisions on Road Traffic Code. In this context, the subject is examined in scope of liability conflict and recourse related to compensate. It is also examined how autonomisation effects risk of operating, default of liable one, default of sufferer in liability conflict, as well as who is/are liable for compensating and how damage to compensate is shared between liable parties in recourse process. It shall have consequently determined that technical features of vehicle determine relations between driver and autonomisated vehicle, differences between driverless vehicle and other one give rise to tackle differently with law issue between driver and autonomisated vehicle. Autonomisation have no radical effect to abolish or weigh liability of operator but lead to assess risk rates of operating subduedly in any cases. The need of amending provisions or code on producer’s liability for accidents which autonomisated vehicle causes arises in Turkish Law System. 

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