Identification Of Tortious Liability For Damage Caused By Automatic Driving Vehicle

Auto-driving technology is one of the most likely technologies to be popularized on a large scale in the future,and has bright market prospects.However,due to the particularity of infringement,the technology of automatic driving has brought many challenges to the current law,and there are many legal problems worth pondering.Therefore,it is of certain theoretical and practical value to analyze the infringement cases of existing autopilot cars,classify the types of damage caused by automatic driving vehicles,and solve the problem of identification of tortious liability of autopilot cars.Autopilot has the characteristics of path planning and decision making technology,such as autonomy in running,diversity of driving modes,and environmental awareness technology and high precision map technology assisted automatic driving.These characteristics make autonomous driving vehicles have the characteristics of self inhumanity in driving behavior,high dependence on driving data and diversity in driving responsibility.Because of these particularity,the tort liability of the damage caused by the automatic driving car is quite different from that of the ordinary motor vehicle.This leads to the problem of tort liability determination.Judging from the world's first case of autopilot automobile fatal infringement,there are some difficulties in identifying the infringement liability of the autopilot vehicle,such as the difficulty in identifying the tort subject,the difficulty in identifying causality,and the difficulty in applying the imputation principle.To solve the problem of determining the liability for damage caused by an automatic driving vehicle,we need to combine the characteristics of the automatic driving vehicle.Based on the nature of the damage caused by the damage caused by the automatic driving vehicle,It is discussed that the tort liability identification of manufacturer's technical loophole damage,the identification of tort liability caused by improper use of the user and the identification of tort liability caused by the loss of control of the automatic driving vehicle.The tort liability caused by the manufacturer's technical leak can be adjusted to apply to product liability,in which the technical leak refers specifically to the design defect.However,the automatic driving vehicle is a new product technology.Some systems need to be perfected.The presumption liability should be taken on the principle of imputation.Besides the reasons for the development of risk defences,there are contingency measures,ethical excuses and hacker attack defenses.The tort liability of the improper use of the user can be adjusted to apply to the tort liability of the motor vehicle traffic accident,but some systems also need to be perfected.The tort liability of the user caused by improper use lays emphasis on the fact finding.It is necessary to establish a balance system between fact finding and privacy protection.In addition,it is necessary to determine the liability according to the specific driving mode and civil capacity.If it is the highest mode of automatic driving,only when the user intentionally destroys it will be liable for tort,and if it is in assistant driving,it can be liable in accordance with the existing Road Traffic Safety Law and Tort Liability Law.The tort liability and duty of care caused by the person with incomplete capacity for civil conduct are less than those caused by the person with complete capacity for civil conduct.Self driving vehicle loss from control damage refer to autonomous driving and inexplicability of accidents.This type of infringement seems to be unable to find the responsible person to assume the responsibility,while the self driving vehicle itself does not have the corresponding civil legal status.Therefore,under such circumstances,the tort liability of the damage caused by an autopilot should apply the principle of equitable liability,construct a new responsibility system that is in line with the characteristics of the automatic driving vehicle,and establish a matching insurance system to disperse the loss.