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Research On Liability For Driverless Vehicle Traffic Accidents

Posted on:2020-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:J S YanFull Text:PDF
GTID:2416330575471012Subject:Law
Abstract/Summary:PDF Full Text Request
Although humans love cars,we seem not to be good at driving.The survey found that up to ninety percent of motor vehicle accidents were caused by human errors.Therefore,driving from human to automatic driving vehicle can improve driving safety and save lives.At present,all countries in the world are striving to develop driverless vehicles,the development of driverless vehicles is the general trend.In theory,driverless vehicles should have more advanced technology in three aspects: order,safety and efficiency.But in practical application,driverless vehicles may cause traffic accidents for various reasons.In case of a collision accident,should the driver be responsible for the driver,the owner,the manufacturer,the automatic driving system provider or the insurance company? Or is the responsibility shared by all parties? If the parties share the responsibility,then how should the ratio be determined?After a traffic accident,it is necessary to determine the liability of the accident,in order to determine the compensator for the accident,such a process will involve the owner,producer,seller,driver,insurance company and other aspects,in this case,the fault determination of these traditional automobile accident identification principles will no longer be used.What can arise is the problem of choice and use of different rules of law.Due to the high intelligence of driverless vehicles,it is necessary to formulate corresponding rules to guide and regulate them before they are listed on a large scale.In the current law,when a natural person drives a car in a traffic accident,the subject of tort liability is determined to be the owner of the vehicle,the user,the insurance company,the car manufacturer and seller,etc.In different circumstances,the driving of an unmanned car is essentially different from the driving of a natural person.The unmanned vehicle is not a natural person,but a built-in unmanned driving system.Our country's current road traffic regulations stipulate that the subject responsible for the accident is a natural person.If the responsibility is attributed to the owner of the unmanned vehicle according to the current regulations,there may be obvious unfairness,because the owner will question it.Driverless vehicles are operated by the driving system.Owners do not actually drive the car,but only enjoy the services provided by the unmanned vehicle as passengers.Therefore,they should not be responsible for accidents caused by the unmanned vehicle,and this regulation will also hit the market of the unmanned vehicle,unfavorable to the unmanned vehicle.Technological development and progress.Therefore,the improvement of relevant laws and regulations can expand the market scale of driverless vehicles from the policy,and promote the upgrading of technology.At present,the legislative work of all countries has not kept pace with the development of pilotless technology,but some countries,especially Germany and the United States,have enacted laws or issued guidelines to try to meet the legal challenges brought by new technologies.One of the core issues in the legislative attempts of these countries is how to solve the problem of liability for driverless vehicles.As a major automaker,China is likely to adopt a "wait-and-see" attitude to ensure that the government does not oversee it prematurely.Premature regulation may hinder the development of these emerging technologies;of course,too late regulation may lead to security problems.However,thegovernment can not let the disorderly development of the industry,the division of responsibility for traffic accidents among them requires advance planning,ready for a series of possible problems.
Keywords/Search Tags:Driverless car, compulsory insurance, imputation principle, traffic accident
PDF Full Text Request
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