Who Is Liable in a Self-Driving Car Accident in Switzerland?

01

Key Takeaways

• Since 1 March 2025, Switzerland’s Ordinance on Automated Driving (VAF) has regulated three specific use cases: the motorway pilot, driverless parking, and driverless vehicles on approved routes.
• In an accident, the vehicle keeper remains liable regardless of fault (Art. 58 SVG) – whether a human or the system was in control.
• Recourse against the manufacturer or importer is possible if a product defect (software, sensors) can be proven.
• The so-called driving-mode memory (“black box”) records who was in control at the time of the accident – its evaluation is often decisive for recourse claims.
• Manufacturers, importers, fleet operators and mobility providers should clarify the contractual allocation of liability early, before a claim arises.

02

Since when have self-driving cars actually been allowed in Switzerland?

With the VAF, Switzerland created a clear legal framework for automated driving for the first time, based on Art. 25a–25g of the Road Traffic Act (SVG). Notably, the legislator moved faster than the industry – no approved series-production vehicle with a fully automated system is yet available on the Swiss market. Switzerland closely follows international standards, in particular EU type-approval regulations and UNECE rules on cybersecurity and software updates, which aim to harmonise technical standards worldwide.

03

At what level of automation does a vehicle legally count as “self-driving”?

The internationally recognised SAE J3016 standard, with six levels (0 to 5), is the benchmark. Legal relevance only begins at Level 3: the system takes over the driving task permanently and comprehensively under certain conditions. Only Level 5 would be “autonomous” in the literal sense – today’s systems technically reach a maximum of Level 3. At Level 3, the driver only needs to retake control when the system requests it or a malfunction occurs; at lower levels (pure driver assistance), the classical driving duties remain fully in place.

04

Which three use cases are currently permitted in Switzerland?

The VAF specifies three scenarios: the motorway pilot (hands-free driving on motorways, provided the driver remains ready to intervene at any time), driverless parking in specially signposted car parks, and the operation of driverless vehicles on routes approved by the authorities. For the latter, Switzerland does not grant blanket approval but relies on route- and operation-specific authorisation by ASTRA (the Federal Roads Office) – driverless vehicles must also be supervised from a control centre.

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Who is liable when an automated vehicle causes an accident?

The core principle does not change through automation: under Art. 58 SVG, the vehicle keeper is liable on a no-fault, causal basis for damage arising from the operation of the vehicle – even where a technical system was in control. In practice, the keeper’s liability insurer pays out first; only afterwards is it determined who actually caused the harm. Three parties typically come into consideration as the underlying cause: the manufacturer, for instance in the case of a software or sensor defect (under product liability law); the driver, if they were steering themselves at the time of the accident or ignored a request to take back control; and the keeper themselves, for example due to inadequate maintenance or missed software updates. For manufacturers, importers and operators, this means a potentially higher liability exposure than under classical traffic law, as responsibility increasingly shifts from the driver toward product and system defects.

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What role does the driving-mode memory play in determining liability?

Automated vehicles must have a driving-mode recorder (a “black box”). It records, in particular, activation and deactivation of the automated-driving system, takeover requests, emergency manoeuvres, system failures and collisions. The data is important evidence of who had control at the relevant moment, but it does not determine liability on its own. Police, judicial and administrative authorities may evaluate data related to accidents or traffic violations. Registration authorities may use it for follow-up inspections, while FEDRO receives anonymised information for market surveillance and research.

07

What technical requirements must manufacturers meet?

Vehicles equipped with an automated-driving system generally require type approval before they may be registered for road use and must meet the technical requirements of Switzerland’s Ordinance on the Technical Requirements for Road Vehicles. These include safe longitudinal and lateral control, intuitive deactivation, accident-avoidance measures and timely malfunction warnings. Relevant cybersecurity and software-update management requirements must also be met throughout the vehicle’s operating life, in particular under UN Regulations Nos. 155 and 156. FEDRO supports approval and market surveillance.

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What applies if a self-driving vehicle is hacked?

A self-driving vehicle is essentially a rolling computer, and therefore a potential target for cyberattacks. Cybersecurity is accordingly not a one-off approval hurdle but an ongoing obligation for the vehicle’s entire life cycle. Manufacturers and importers of driverless vehicles must report safety-relevant incidents to ASTRA – and ASTRA can declare new requirements applicable retroactively to vehicles already approved, for example in response to a known hacking incident.

For broader governance of long-term technology risks, see our analysis of FINMA’s quantum-computing roadmap.

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What should companies and investors clarify now?

Anyone looking to deploy, insure, operate or legally assess automated mobility should address four points early on: the approvals required for the specific use case, the contractual allocation of liability and recourse risk between manufacturer, importer, operator and user, access to driving data and its data-protection-compliant handling, and ongoing compliance with cybersecurity requirements. Clarifying the contractual allocation of liability should happen well before a claim arises, not after.

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Frequently Asked Questions

Can I take my hands off the wheel once the motorway pilot is active? Yes, this is explicitly permitted while the automation system is active (Art. 23 para. 2 VAF). However, you must be able to retake control at any time as soon as the system requests it.

Is the manufacturer automatically liable when an accident happens? Not automatically. The keeper’s liability insurance pays out first. Recourse against the manufacturer is only possible if a product defect can be proven – evaluating the driving-mode memory is usually decisive here.

Can private individuals also face criminal liability when the system is driving? Yes, if a breach of duty of care can be proven against them – for example, if maintenance or software updates were neglected, or a request to retake control was ignored.

Are there already approved series-production vehicles with a fully automated system in Switzerland? Not currently. The legal framework is in place, but the industry has not yet brought corresponding vehicles to the Swiss market.

What should mobility providers clarify before launching a pilot project? Approval of the specific operating route by the competent authorities, supervision from a control centre, cybersecurity certification, and the contractual allocation of liability with manufacturers and suppliers.