Page - (000609) - in Autonomes Fahren - Technische, rechtliche und gesellschaftliche Aspekte

58926.5 Managing the risk of autonomous vehicle product liability ‡ ISO 31000 “Risk management – Principles and guidelines” (regarding the risk management process). ‡ Software development guidelines from the Motor Industry Software Reliability Association. ‡ IEC 61508 Functional safety of electrical/electronic/programmable electronic safety-related systems (safety standard for electronic systems and software). ‡ ISO 26262 family of “Functional Safety” standards implementing IEC 61508 for the functional safety of electronic systems and software for autos. While adherence to the principles of international standards does not guarantee that an AV manufacturer will avoid liability, adherence to standards bolsters the credibility of a manufacturer’s risk management program. Moreover, the standards provide a framework by which manufacturers can build a set of controls for their risk management process. Consequently, an AV safety program built on international standards lays the foundation for a later defense of a manufacturer accused of building an unsafe AV. Fourth, AV manufacturers should obtain insurance coverage to manage product liability risk. A robust insurance program will permit manufacturers to shift the risk of product liability to insurance carriers who will, under issued policies, defend and indemnify man- ufacturers for settlements and judgments paid to resolve third party claims. Currently, the insurance industry is just beginning to come to grips with the insurance implications of AVs [21]. We can expect to see the insurance industry provide third party coverage to manu- facturers for accidents, and probably privacy and information security risks as well. While the industry has no historical data for an actuarial approach to underwriting AV risks, the industry will probably look by analogy to conventional vehicles and mobile devices for loss experiences [6]. AV manufacturers can find carriers willing to write bespoke policies tailor- made to their needs. Eventually other carriers will enter the market and offer more stan- dardized polices, thereby reducing premium costs to manufacturers over the long run. Fifth, manufacturers can work together on industry risk management initiatives, such as: ‡ Participation in standards efforts to promote safety and security within the industry and among component manufacturers; ‡ Collaborating with other manufacturers in trade groups and (subject to antitrust concerns) purchasing consortia; with the purchasing power of larger numbers of manufacturers, the industry may have greater leverage with component manufacturers to promote safe design and manufacturing processes; and ‡ Participation in information sharing groups that can collaborate to develop best practices to improve product safety. Sixth, manufacturers can manage the risk of huge jury awards by certain pre-litigation strategies. For instance, they may want to engage jury consultants that assist the defense of product liability cases to identify risk factors for the manufacturer and the types of conduct that trigger juror anger. In addition, manufacturers may want to identify and cultivate a