Seán Canney TD, Minister of State at the Department of Transport, has signed the statutory instrument commencing section 5(a) of the Road Traffic and Roads Act 2023, paving the way for Level 2 connected and autonomous vehicles to operate on Irish roads. These are advanced driver-assistance systems, and the driver remains fully responsible at all times.
From a legal perspective, this raises questions around liability in the event of an accident. Claims may become more technical, and the evidence involved may be more complicated than in an ordinary road traffic accident.
What has changed?
Ireland’s recent measure allows for the operation of Level 2 autonomous vehicle systems on Irish roads. These systems are not fully self-driving. They are better understood as driver assistance features that can help with tasks such as steering, speed control, lane positioning, and braking in certain conditions. The important point is that the driver is still expected to monitor the vehicle, stay alert, and take control when required.
That means the law has not created a situation where the human driver can simply hand over full responsibility to the vehicle. At Level 2, the person in the driver’s seat remains responsible for supervising how the vehicle is operating.
Does this change the right to claim compensation?
No. If you are injured in a road traffic accident involving a vehicle with autonomous features, you may still have a claim for compensation if another party was at fault. In many cases, the claim will still begin in much the same way as a standard motor accident claim.
For example, if a driver relies too heavily on an autonomous feature, fails to pay attention, or does not take over control when it is necessary to do so, that driver may still be found negligent. The presence of driver assistance technology does not remove the duty to drive with reasonable care.
Who may be liable after an accident?
In many cases, the first and most obvious party will still be the driver, and usually their motor insurer. If the accident happened because the driver failed to supervise the system properly, became distracted, or misused the technology, then the claim may look very similar to a conventional road traffic claim.
However, autonomous vehicle cases may also raise wider questions. Depending on the facts, there could be issues involving:
- the driver’s use of the technology
- the condition and maintenance of the vehicle
- whether the system gave warnings that were ignored
- whether the software was functioning properly
- whether there was a defect in the vehicle or one of its systems
This means that, while many claims may still be brought in the usual way, some cases could become more complex. In certain situations, attention may turn not only to the driver, but also to a manufacturer, software provider, or another party in the supply chain if there is evidence of a defect.
Product liability may also become relevant where there is evidence of a defect in the vehicle, its components, or its software. At EU level, the revised Product Liability Directive now expressly covers software and digital products, but Ireland must still transpose those rules into domestic law by December 2026.
What will make these claims different?
The biggest difference is likely to be the evidence.
In a standard road traffic accident, a claim often depends on witness accounts, Garda evidence, photographs, CCTV, vehicle damage, and medical evidence. In an accident involving autonomous features, there may also be technical evidence that becomes very important.
This could include:
- data showing whether the autonomous feature was active
- records of warnings or alerts given to the driver
- information about whether the driver was asked to retake control
- software update history
- event data from the vehicle itself
As a result, these cases may involve more detailed investigation at an early stage. It may be important to preserve relevant data quickly, particularly in serious accidents where liability is disputed.
What should injured road users keep in mind?
For drivers, passengers, cyclists, and pedestrians, the key message is straightforward. An autonomous feature does not place a vehicle outside the ordinary rules of the road. If someone is injured because a driver failed to act with reasonable care, or because a vehicle system did not operate safely, a personal injury claim may still arise.
At McCarthy + Co Solicitors LLP, we advise clients to focus first on the practical basics after any accident. Seek medical attention, report the incident, gather as much information as possible, and obtain legal advice promptly. In more technical cases involving autonomous features, early legal advice may be especially helpful because vehicle data, insurer investigations, and liability issues can become more complicated quite quickly.
Need assistance with a claim?
If you have been injured in a road accident and you are unsure about your legal position, the personal injury team here at McCarthy + Co will be glad to assist you. You can arrange a no-obligation consultation with a solicitor using our quick and confidential online form.
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