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Tort Liability For Damage Caused By Self-driving Cars

Posted on:2020-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhouFull Text:PDF
GTID:2416330572989774Subject:Civil and Commercial Law
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How should tort liability for damage caused by self-driving cars be handled?This problem has been widely concerned by all sectors of society,and has become an urgent problem to be solved in the theoretical and practical circles of law.This article is a total of 30,000 words,divided into five parts.The first part: the introduction of specific cases.As a new thing,self-driving car has special social significance.It is conducive to reducing traffic accident mortality,slowing traffic congestion and enhancing personnel mobility.Although self-driving cars can reduce the mortality rate of traffic accidents,but can not completely avoid the occurrence of traffic accidents.In other words,self-driving cars are not absolutely safe.The March 2018 Uber self-driving car was tested for a traffic accident that led to the death of pedestrians.The second part: Types of damage caused by self-driving cars.Although the international automatic driving technology is divided into 6 levels,but the real sense of autonomous driving is the L3 class-L5 level,the current automatic driving technology has not broken through the(L4)stage.In different types of traffic accidents,self-driving cars can cause different types of damage,including damage to the driver,the user in the car,and other people's damage.Combined with the classification of autonomous driving techniques and the classification of damage,we can learn that there are many types of damage caused by self-driving cars.Considering the current development of autonomous vehicles,the typical research and the reasons for its length,this paper only discusses the tort liability of self-driving vehicles(non-motorized drivers,pedestrians)in the two modes of self-driving,autonomous driving + takeover in the(L3)level.The third part: the different viewpoints of the academic circles.With regard to the tort liability of self-driving vehicles causing damage,there are great controversies in academic circles,and there are different viewpoints: applicable product liability,applicable traffic accident liability,analogy with animal tort,introduction of insurance system,giving automatic driving car legal personality.At present,the focus of most scholars is whether it is the application of product liability,or the application of traffic accident liability,or the application of two kinds of tort liability.The forth part: Legislative provisions abroad.Germany has now made changes to the Road Traffic Act to include self-driving cars in the Road Traffic Act.The contents of therevision mainly include the identification of the driver's responsibilities,the amount of compensation,the automatic driving car information in the storage and utilization of such issues.The automatic and Electric Vehicles Act of the United Kingdom includes self-driving cars in the coverage of strong insurance and extends the target of compensation to "anyone".There are many places in the two laws worthy of study in our country.Of course,there are also shortcomings in the two laws,which need to be paid attention to by our country.The fifth part: The dilemma and response of the application of current tort law.In both modes,the liability for motor vehicle traffic accidents can be applied when the self-driving car causes damage to people.However,some difficulties will be encountered when applied.In the autonomous driving mode,the driver is not at fault in most cases,and the strong risk does not include the autopilot in the underwriting area.The application of the current tort law is not conducive to adequate relief for the victim.In addition,the exemption of liability for motor vehicle traffic accidents is too single,adding to the burden of self-driving car drivers.The author thinks that it can be solved by expanding the coverage of the underwriting insurance and expanding the exemption.In the mode of automatic driving + takeover,causality is difficult to identify(between the breach and damage of the takeover obligation),the judgment standard of violating the takeover obligation is very vague,and the author thinks that it can be solved by the theory of causality presumption and technical means.Although in both modes,product liability shall apply in the event of damage caused by defects in self-driving vehicles.However,some difficulties will be encountered in the application: causality is difficult to identify,product defects are difficult to identify,difficulties in determining the defects of the algorithm,producers invoke the exemption of the subject of excessive exemption and so on.The author thinks that it can be solved by the theory of causality presumption,the technique of black box,the identification standard of American product defects,and the explanation of the cause of exemption.
Keywords/Search Tags:self-driving car, motor vehicle traffic accident liability, product liability, autonomous driving, autonomous driving and takeover process
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