Jusletter IT

In September 2016, a self driving minivan collided with the open rear lid of a parked delivery truck. Neither the sensors nor the so-called accompanying person riding along for security reasons have perceived the lid intruding the roadway as a danger. One only needs little imagination to picture people coming to harm by the minivan whilst being in the blind spot of the vehicle’s sensors, if the accompanying person does not recognize a possible error of the bus in time and stops it. In a case like this, would it be a permitted risk, so that no one would be prosecuted, because a balancing of interest on three levels – legislator, approving authority and criminal judge – would result in favour of the risk? (ah)