Research On Liability For Damages For Autonomous Vehicles Accidents

In recent years,along with the gradual maturity of artificial intelligence and 5G technology,automatic driving technology has also made great progress.Many countries are carrying out road test activities of autopilot cars.The Uber automatic vehicle case is the first case of pedestrian driving to death since the road test of autopilot.By analyzing the controversial focus of the case,the liability subject and responsibility assignment of automatic driving vehicle traffic accident compensation are derived.Autonomous vehicles accidents involve a large number of subjects.Automatic driving system manufacturers,automobile manufacturers,drivers,owners,automobile sellers and network service providers are the main liable subjects.The main body of traditional automobile traffic accidents is called "one side of motor vehicle" in our country's road traffic laws and regulations,which usually refers to the driver.However,there are many subjects of auto driving accidents,and drivers may not be the main responsibility subjects.The reason is that the driving agents of these two types of vehicles are different.The main body of the automatic driving vehicle is the automatic driving system,and the main body of the traditional vehicle is the natural person.This difference leads to a big difference between the driving responsibility of driver in the autonomous vehicles and the traditional vehicles.We should judge whether the driver of the autonomous vehicle is responsible according to the degree of automation and driving mode of the vehicle.When the owner and the owner of the vehicle are not in agreement,the responsible person should be determined according to the operation interests and operation control of the vehicle.At present,the development of autonomous vehicles cannot do without the support of network technology,so the network service provider also needs to undertake the liability of compensation under certain conditions.The car manufacturer may be liable for the product defects of the original automobile parts,and the seller shall also be liable for the products when the conditions are met.The principle of liability fixation should be different among the above-mentioned subjects.The automatic driving system is the product,the automatic driving system manufacturer applies the product responsibility,but the more high-tech products,the more difficult it is to prove that the defects exist,and the safety standard of the autonomous vehicle can reduce the difficulty of proving the defects.In addition,it is necessary to establish no-fault compensation system for autonomous vehicles.As long as damage occurs,the victim who conforms the conditions can apply directly to a specific organization for compensation,thereby relieving the victim from the burden of proof.The construction of the no-fault compensation system can consider the compulsory liability insurance.The automatic driving system manufacturer and the owner of the autonomous vehicle are the buyers of the compulsory liability insurance.We should improve the laws and regulations for damage compensation of autonomous vehicles,establish corresponding mechanisms to ensure orderly conduct of traffic accident damages,and safeguard people's legitimate rights and interests.