Research On The Tort Liability Of Traffic Accident Caused By Autonomous Vehicle

With the rapid development of artificial intelligence in recent years,autopilot,as the most prominent representative,is constantly integrated into our life.The core problem brought about by the introduction of autopilot technology is that the technical classification,autonomy and learning ability of autopilot make it difficult to distribute the responsibility for traffic accidents caused by autopilot.However,based on the attribute of “Things” of self-driving cars,it can still be applied to the current legal system of tort liability in our country,only in the pursuit of liability,there will be differences from the traditional cars.Based on the particularity of autopilot vehicle,this paper mainly discusses the tort liability of autopilot vehicle traffic accident.The identification of the subject,the distribution of imputation principle and the application of fault and causality draw the conclusion that the applicable rules of tort liability for autopilot should be analyzed according to the development stage of autopilot technology and driving mode.First of all,the tort liability of autopilot vehicle traffic accident in auxiliary driving stage and manual operation mode can be followed by the current liability system of motor vehicle traffic accident,which is mainly human liability,which is borne by everyone,driver or user.Secondly,the tort liability of trafficaccident in autopilot stage and autopilot mode can be solved by using the current product liability system,which is mainly material.Responsibility shall be borne by the producer and seller.At the same time,the important position of designers can not be ignored.From the gradual development of autopilot technology,manual and systematic hybrid driving will become the norm in the short and medium term.In order to solve the problem of distribution of tort liability in the process of“warning-takeover”,it is necessary to reasonably define the responsibilities of all parties according to the warning issued by the system and the appropriateness of the driver taking over.However,in the event of a traffic accident,it is difficult to judge which party is responsible for the accident.It is suggested that the driving authority between the manual exceeding the system and the use of traffic data recording technology to restore the “warning-take-over” process.From the point of view of the development goal of autopilot technology,autopilot system will eventually replace the position of human driver and become the driver of vehicle.At this time,product liability will also replace motor vehicle accident liability as the most common type of tort liability.On the one hand,there are three legal reasons for exemption of product liability,so that the accident liability can not be borne,and the victim can not get due compensation;on the other hand,it is easy to let the producer bear excessive responsibility and hinder the innovation ofautopilot technology.Therefore,it is suggested that the compulsory liability insurance system of our country should be applied and reformed,and the possibility of adding producer insurance should be added,so as to disperse the accident risk and increase the risk of accident.Effective relief to the victim.Therefore,through the two supporting systems of driving record technology and compulsory liability insurance,we can effectively solve the problems brought by autopilot to the liability system of road traffic accidents in our country,and balance the risks and interests among producers,drivers and victims.