a challenge for the legal system – Digital Economy Blog

2023-12-26 16:00:06

For civil liability law, the automobile is not a trivial thing. To be convinced of this, it is enough to remember the road accident of July 7, 1927 which changed the course of the discipline. This marked the beginning of the affair Jand’heur, which led to the consecration of the general principle of responsibility for the facts of things.

With the growing popularity of electric cars, it is essential to analyze the issue of driver liability in the event of an accident. As the transition to more sustainable mobility accelerates, it is crucial to understand how existing laws apply to electric vehicles and whether any specific considerations need to be taken into account. This article examines the legal issues surrounding electric car driver liability in the event of an accident and explores emerging questions arising in this area.

The unique characteristics of electric cars:

Electric cars differ from conventional vehicles by their electric propulsion and charging systems. These technological differences can influence how driver liability is assessed in the event of an accident. For example, electric car batteries may pose specific risks in the event of a collision, which may require careful analysis of the driver’s behavior. Certain characteristics of electric cars expose them or their drivers to risks, sometimes very significant, including:

risks related to the battery (fires or explosions in the event of overheating, short circuit, perforation or damage);
risks of electric shock because electric cars have high voltage systems requiring the protection of passengers and people who may intervene in the event of an accident;
flood risks since electric cars can be damaged by water;
risks linked to chargers and in particular electrical risks if they are defective.

The question of charging and maintenance:

The driver’s responsibility can also be influenced by factors such as charging and maintenance of the electric vehicle. For example, if an accident is caused by battery failure due to improper maintenance, the issue of driver liability may be closely linked to their diligence or negligence in maintaining the vehicle.

Changing regulations:

The laws and regulations surrounding electric cars are constantly evolving. Governments and regulators are working to develop specific measures to manage the liability challenges of electric car drivers. This may include additional training requirements, specific safety standards, and clear and specific accountability protocols.

Currently, the approval process for electric and hybrid vehicles is similar to that for conventional vehicles as a result of Directive 2007/46/EC. However, certain specific aspects are currently evolving, in this case at the level of European regulations. Regulation 100 specifically addresses safety. As for electric cars, this regulation is divided into 4 points:

protection against direct contact;
protection against indirect contact;
functional safety;
battery protection (ISO 12405 and ISO 6469);
resistance to shocks.

The need for an adapted legal framework:

Faced with these challenges, it is essential to develop a suitable legal framework to deal with the liability of electric car drivers in the event of an accident. This will require a thorough analysis of existing laws and, if necessary, adjustments to take into account the specifics of electric vehicles.

In conclusion, the liability of the driver of electric cars in the event of an accident raises complex questions which require particular attention. As electric cars become more and more common on our roads, it is imperative to develop a clear and fair legal framework to assess driver liability. Close cooperation between governments, technical experts and legal professionals will be essential to address this challenge and ensure a smooth transition to sustainable electric mobility.

SOURCES: