MANUFACTURER LIABILITY FOR AUTONOMOUS VEHICLE ACCIDENTS IN GERMANY: LEGAL AND ETHICAL DIMENSIONS OF THE VOLKSWAGEN CASE

This article examines the evolving framework of manufacturer liability for autonomous vehicle (AV) accidents in Germany, with a particular focus on Volkswagen’s deployment of AI-assisted driving systems such as the “Travel Assist” feature in its ID series. Positioned at the intersection of product liability law, technological innovation, and ethical governance, the study investigates how existing legal instruments—most notably the German Road Traffic Act (Straßenverkehrsgesetz, StVG) §63a, the Product Liability Act (Produkthaftungsgesetz, ProdHaftG), and the EU’s 2021/0118(COD) Autonomous Vehicle Regulation—address fault attribution in complex accident scenarios involving machine learning algorithms. Through an analysis of case law, including the 2023 Braunschweig Regional Court ruling and ongoing litigation before the Berlin Court of Appeal, the article highlights the challenges of proving causation when autonomous driving decisions derive from opaque AI models.

The Volkswagen case reveals recurring legal and evidentiary gaps, particularly regarding the admissibility of crash simulation data and the lack of standardized documentation for software updates and system architecture. In a comparative perspective, the study explores liability approaches in the United States, China, and Japan, identifying cross-jurisdictional influences on German legal discourse. The analysis emphasizes the need for regulatory innovations such as a mandatory “Software Liability Dossier,” admissibility standards for simulation evidence, pre-production cybersecurity testing, and formalized roles for corporate ethics boards.

From a victim protection standpoint, the article proposes strengthening collective redress mechanisms under the Musterfeststellungsklage model and establishing an AV-specific compensation fund to ensure prompt remedies. It concludes that Germany must balance accountability and innovation, embedding “safe fail” principles into both legal and technical frameworks. The Volkswagen experience thus serves as a critical test case for shaping the forthcoming EU AI Liability Directive and offers a globally relevant model for harmonizing human rights protection with the demands of an evolving mobility sector.