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Study On The Tort Liability Of Self-driving Cars In Traffic Accidents

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2416330605468421Subject:Law
Abstract/Summary:PDF Full Text Request
Artificial intelligence technology is developing rapidly,self-driving cars have gone from science fiction to reality.The emergence of self-driving cars can effectively relieve traffic pressure and reduce traffic accidents.But even the perfect technology can not completely avoid the occurrence of traffic accidents.A traffic accident that occurs in a non-autonomous driving state of an autonomous vehicle,It is no different from the traffic accidents of traditional cars,It can be solved by applying the current traffic accident liability.In the state of automatic driving,the vehicle is controlled by the automatic driving system.If a traffic accident occurs due to a defect,it constitutes product liability.The ultimate responsibility bearers are producers and designers.According to the relevant laws and regulations on the liability for traffic accidents,the driver and the owner of the car are the subject of the accident.Traffic accidents caused by defects in the car under automatic driving,Compete for traffic accident liability and product liability.At this time,the ultimate responsible entity is the producer and designer of the car.When liability competition occurs,product liability resolution shall apply.Applicable product responsibility to resolve such traffic accidents can effectively protect the rights and interests of car owners and drivers.Use the insurance system to diversify risks and ensure that victims receive timely and effective compensation,Applicable product responsibility to solve the traffic accidents of self-driving cars will not increase the burden on producers,which is conducive to the development of autonomous cars.When applying product liability resolution,it is necessary to improve the relevant provisions in product liability.In terms of the subject,the designer is included in the subject of product responsibility.Defect determination should use consumers' reasonable expectations.Defect types should increase software service defects.Self-driving car product liability exemptions should be restricted,In the test phase,you can't be exempted from uninvested circulation,For the defects caused by the learning of the autonomous driving system,thedevelopment risk defense cannot be applied.Whether the self-driving car has defects when it is put into circulation,Judgment should be made in accordance with the advanced international technical level.In order to ensure the smooth settlement of traffic accidents of self-driving cars and promote the development of the self-driving car industry.
Keywords/Search Tags:Autopilot, Traffic accident, product liability, Insurance system
PDF Full Text Request
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