The introduction of technologies that make vehicles safer is important to address the foreseeable criticalities of road traffic due to the current needs of safe mobility and to the lower capacity of public transport as a result of social distancing measures. In this unique situation, the objective of limiting the spread of the epidemic cannot overshadow the prevention of accidents and human health must be guaranteed with respect to all possible risks. However, new safety systems are not completely failsafe. With this in mind, this contribution proposes to verify the extent to which current rules on civil liability in Italian law may offer solutions to damages caused by highly automated vehicles in terms of preventing harmful events and allocating their costs according to criteria of justice and economic efficiency. Within this logic, the analysis also looks at the rules on the distribution of compensation costs among the various parties that may be jointly and severally liable (driver, owner, custodian and manufacturer).

TECHNOLOGICAL INNOVATION AS A RESPONSE TO NEW NEEDS OF ROAD TRAFFIC AND THE ISSUE OF DAMAGE CAUSED BY ACCIDENTS

To permit a full return to production activities and the exercise of personal freedoms when there is still the threat of a fresh COVID-19 outbreak, safe movement of persons must be guaranteed.

Unfortunately, social distancing requirements, along with fear of close physical contact, curtail public transport’s capacity to meet growing consumer demand, leading to a rise in the use of privately-owned vehicles and to a switch from mass transit and carpool to single occupancy cars.

The increasing traffic congestion and promotion of sustainable mobility means of transport (e.g. bicycles) are only some of the factors that make it even more important to address the prevention of traffic accidents in this situation.

For this purpose, though the full introduction of self-driving cars could appear currently unrealistic, the development of Advanced Driver Assistance Systems (ADAS) could offer significant short-term benefits in reducing car accidents, especially where they were affordable and installable in existing vehicles.

The growing awareness of the importance of health as both a “fundamental right of the person and public interest” (Art 32 of the Italian Constitution) demands their coherent protection in a way capable of avoiding all of the potential risks of harm.