CIVIL LIABILITY FOR DAMAGE CAUSED BY AUTONOMOUS VEHICLES AND DRONES: TOWARD A RISK-BASED ALLOCATION OF RESPONSIBILITY

Abstract

Objective: This study examines how civil liability should be allocated when autonomous vehicles and commercial drones cause harm through distributed technological control rather than direct human conduct.   Theoretical Framework: The analysis draws on accident-cost theory, enterprise liability, product liability, and the concepts of control, commercial benefit, preventability, and evidentiary access.   Method: A qualitative doctrinal and comparative legal analysis is conducted using the legislation, regulatory materials, official reports, and scholarship cited in the article, with particular attention to the European Union, the United States, and the United Kingdom.   Results and Discussion: Negligence and single-defendant litigation are often inadequate where users lack meaningful control and technical evidence is held by manufacturers, software providers, fleet operators, or platforms. The study therefore proposes a layered model combining compulsory third-party insurance, presumed enterprise liability for high-risk deployment, product and software liability, evidence-preservation duties, contribution and recourse, and treatment of regulatory compliance as evidence rather than immunity.   Research Implications: The model provides a basis for legislative design, insurance pricing, contractual allocation, and accident-data governance.   Originality/Value: The article integrates autonomous road vehicles and commercial drones within one risk-based civil-liability framework.