Traffic Accident Liability Research On Driverless Intelligent Cars

In recent years,driverless technology has developed rapidly.However,traffic accidents related to driverless intelligent cars also occur frequently.These accidents warn people that driverless technology has brought challenges to the current legal system.In particular,the relationship between driverless driving and liability law needs to be systematically studied and analyzed by legal researchers.This article focuses on the fatal traffic accident caused by Uber,deeply analyzing the way that the US authorities investigate the accident and the disputes in consequence from four angles: case facts,focus of liability disputes,existing referee's opinion and the discussion of legislation.On this basis,in the viewpoint of profit chain of driving cars,this paper studies the distribution logic of civil liability of our country systematically from four aspects: the automatic classification,the civil liability of the driver,the civil liability of the automobile manufacturer and the civil liability of the autopilot system provider.At the same time,this article discusses the system construction of accident compensation liability of driverless intelligent cars traffic accidents by drawing lessons from the system of other countries from four parts: the establishment of the principle of pluralistic imputation,the modification of the third party compulsory liability insurance system,the creation of margin system and the founding of “two-track system”.For the past few years,the US authorities and the related companies have put efforts on promoting the development of driverless intelligent cars from many aspects,such as systems,technologies,etc.However,on the track of development,multiple traffic accidents warn us again and again that besides the strongly supports on the high speed development of automatic drive at all levels,corresponding legal system is also needed to escort the rapid development of autonomous driving.In formulating regulations,the United States attaches importance to the challenges that existing FMVSS may pose to the introduction of the concept of automatic vehicles,ensures that existing regulations do not unduly inhibit innovation and helps automated vehicles perform their functions safely.This is also what China should pay attention to and take a reference from in its relevant legislation.The identification of the civil liability of driverless vehicles is not only the combination of law and technology,but also the combination of law and governance.Driverless technology is the inevitable trend of the development of automotive technology in the future.And it can be predicted that in a few years,there will be no manned vehicles in the streets.However,achieving this ultimate goal requires different technical stages.In different technical stages,the responsibility structure of automobile driving accident is also different.In the short and medium term,the introduction of autopilot systems has not completely changed the responsibility system of the traditional automobile accidents.It is necessary to drive the producers of autonomous cars and the developers of intelligent driving systems,and the users of vehicles to bear joint and several liability to the victims to improve the relevant legal system.In the long run,the driver's proof of the correctness of the normal operation of the autopilot system,the traffic accidents caused by hackers,the "emergency avoidance" in automobile distress,and the in-depth study of product liability,and the establishment of margin system or compensation fund system,and so on,need confirming by legislation.