🚗 Autonomous Cars in Belgium: Who Is Liable in the Event of a Technical Failure?
Autonomous vehicles are becoming an increasingly common topic of discussion. 🤖 While modern cars are equipped with advanced driver assistance systems, one question is often asked: who is liable if a technical failure causes an accident?
Here’s what you need to know in Belgium. 🇧🇪
🚘 Are Cars Really Autonomous?
At present, the vehicles available in Belgium are mainly equipped with Level 2 driver assistance systems. These systems can:
✅ Keep the vehicle in its lane.
✅ Adjust speed automatically.
✅ Apply emergency braking when necessary.
✅ Assist in traffic jams.
⚠️ However, the driver must remain attentive and be ready to take control at any time.
Fully autonomous vehicles (Levels 4 and 5), capable of operating without human intervention, are not permitted to drive freely on Belgian roads.
⚖️ Who Is Liable in the Event of an Accident?
The answer depends on the cause of the accident.
👤 The Driver
With the driver assistance systems currently available (Level 2), the driver remains responsible for driving.
If the driver fails to monitor the road or does not take back control when required, they may be held liable.
🏭 The Manufacturer
If the accident results from a technical defect, such as:
- 🔧 a braking system failure,
- 💻 a software malfunction,
- 📡 a sensor defect,
the manufacturer may be held liable if the defect is proven to have caused the damage under the applicable product liability rules.
🛡️ Insurance
As with any road accident, the vehicle’s insurance company generally handles compensation first.
If an investigation later establishes that a manufacturing or technical defect caused the accident, the insurer may seek reimbursement from the manufacturer or any other liable party.
🤖 What About More Advanced Autonomous Vehicles?
Level 3 autonomous driving systems are beginning to appear in certain European countries, but their use remains strictly regulated.
When the vehicle is legally allowed to drive itself under specific conditions, determining liability becomes more complex and depends on:
- the circumstances of the accident,
- the vehicle’s recorded data,
- whether the system was used correctly.
Each case must therefore be assessed individually.
📌 Key Takeaways
✔️ Fully autonomous vehicles are not yet freely authorised on Belgian roads.
✔️ With today’s driver assistance systems, the driver remains responsible.
✔️ If a proven technical defect caused the accident, the manufacturer may be held liable.
✔️ Every accident requires a careful legal and technical assessment.
📞 Have you been involved in an accident involving a vehicle equipped with driver assistance technology, or do you have questions about your legal rights? Feel free to contact me. I will be happy to review your situation and assist you with the necessary steps. 🤝
