Study On The Application Of Tort Liability Caused By Level 3 Self-driving Cars In Road Traffic Accidents

the new technology to bring convenience,at the same time also can lead to conflict with the law,and automatic driving technology as a new technology applied in the car,for the life,has brought benefits such as transportation,environmental protection,but in the traffic accident is a wake-up call for us at home and abroad,resulting in automated driving conditions by road traffic accident tort liability is not clear,and self-driving cars particularity poses challenges to the traffic accident liability and product liability,hinders the development of automatic driving technique and the victim's interests cannot be protected.This paper explores the application of tort liability for traffic accidents caused by self-driving cars and provides legal basis for victims to seek compensation.Since the realization of fully autonomous vehicles is a long-term process,this paper selects 13-class autonomous vehicles with the most urgent legal regulation requirements and the most complicated accident causes as the objects for legal regulation.Based on the analysis of domestic and foreign legislation and theories,this paper mainly adopts the comparative analysis method,and holds that it is most feasible to attribute the tort liability of 13-class autonomous driving vehicle accident to the liability of motor vehicle traffic accident and product liability.Level due to the L3 self-driving cars driving process is divided into three stages,namely autopilot,manned and take over the stage,in different situations in different traffic accident tort liability,when the level of L3 auto accidents occurred in the process of taking over,beyond a vehicle defect or injured party deliberately causes accident cases,if the driver due to negligence or improper operation,shall be borne by the driver of motor vehicle traffic accident liability.If there are manufacturing defects,warning defects,product design defects and other product defects,the producer,designer or seller shall assume the product liability.When an accident occurs in the automatic driving stage of L3 autonomous vehicle,unless the accident is caused by non-product reasons,the producer or seller shall assume the product liability in the case of a factual determination of product defect or a presumption of product defect.If the driver's fault behavior in the process of starting and extinguishing causes the accident,or the fault behavior from the use to the occurrence of the accident has an impact on the operation of the vehicle,and the impact has a causal relationship with the occurrence of the traffic accident,the driver shall assume the traffic accident responsibility.In the automatic driving mode,human beings and the automatic driving system share the driving authority.At this time,traffic accidents belong to the common tort and bear joint and several liabilities.In the artificial driving mode,the existing method is adopted to solve the problem.It is hoped that the regulation of 13-class autonomous vehicles can solve practical problems and provide corresponding Suggestions for legal modification,so as to achieve a balance between the sound development of autonomous vehicles and the protection of the interests of victims.