Research On Tort Liability Of Driver-induced Damage

Driver-less cars are different from traditional human-powered cars.While giving people a convenient new way of travel,they also bring about the problem of how to determine the tort liability when it causes damage.Because the driving process of drivels cars is autonomous and unmanned,and driving safety depends on new features such as the collection and storage of intelligent system data,the existing traffic accident liability and product liability laws provide responsibility for damage caused by drivels cars.The regulations are difficult to apply completely.Therefore,dealing with the tort liability caused by traffic accidents of drivels cars has become the key to promoting the development of this new vehicle.In order to deal with the infringement of the damage caused by drivels cars,it is necessary to mainly solve the problem of the identification of the responsible subject and the application of the principle of imputation.Tort liability for damage caused by drivels vehicles When applying the relevant laws and regulations in China,there will be an infringement liability subject of the drivels car from the perspective of the current tort law.The artificial black box will make the causal relationship unclear and the autonomous driving behavior The principle of imputation is difficult to apply or apply imbalances.Therefore,the problem of imputation of the tort liability law caused by unmanned vehicles needs to be redesigned in a targeted manner in combination with its own technical characteristics.First,apply the principle of fairness to solve the following special circumstances: 1.When there is no fault in the parties to the accident,the parties involved in the accident,including the victim,the user,the manufacturer,and the software designer,share the loss based on the principle of fairness.2.This principle should apply when the existence of a black box makes it impossible to determine whether the drivels decision is made because of a defect in its system.3.This principle should apply when the system is attacked by a network or hacker and the existing technology cannot find a true infringer.Secondly,in addition to the above special circumstances,the driver's tort liability of the drivels car can make some changes in the attribution factor: First,the subjective “fault” cannot be explored because of the autonomous driving behavior of the drivels car.Therefore,the recognition of “fault”should adopt objective criteria;secondly,because the responsible subject of drivels car has diversified characteristics,different responsible subjects should apply different imputation principles,such as the principle of fault presumption or fault attribution of vehicle users.The vehicle manufacturer applies the principle of fault presumption and liability,the road administrator applies the principle of fault liability,and the programmer applies the principle of fault liability.Finally,in order to alleviate the risks and losses of the responsible parties brought about by the diversification of the responsible subjects,it is necessary to make corresponding changes to the scope of the insurance subject,the amount of insurance and the insurance model for the liability insurance system set up in China for traditional motor vehicles.Balance the interests of all parties to alleviate social conflicts.