Font Size: a A A

Research On Tort Liability Of Traffic Accidents Caused By Self-driving Cars

Posted on:2020-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:X T LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The rapid development and technological advancement of self-driving cars will reduce the incidence of traffic accidents,greatly improve the safety of driving.But no technology is perfect,there is no way to completely eliminate traffic accidents.After the automatic driving replaces the manual driving,in the face of autonomous driving car traffic accidents,China's current legislation does not stipulate the problem of the tort liability of the self-driving car traffic accident.The current traffic accident tort liability rules are established with the driver as the core,The analogy of applying traditional rules does not solve the problem of responsibility subject and responsibility distribution.In order to encourage the balance of legal value of innovation and relief damage,the existing rules should be changed to clarify the principle of separation of liability,the burden of proof,and the exemption of different responsible subjects.Based on the legislative experience outside the reference domain and the research status at home and abroad,this paper combines the development level of China's autonomous driving technology with the tort liability system in the current law.The author thinks that the current self-driving cars do not have the ability to take responsibility independently,it is still necessary to adjust the existing legal system.From the perspective of the relief and objectives of the tort law,or from the self-driving state of the self-driving automobile industry,the driver assumes the fault responsibility in the conditional automatic driving stage,and the producer should bear the product responsibility in the fully automatic driving stage.At the same time,the exemption is stipulated and the producers are compensated for the risk.Specific suggestions include grading discussion on the degree of automation of self-driving cars and appropriate adjustment of the corresponding liability principle,setting up insurance system and industrial compensation fund,setting up the burden of proof,and installing driving data recording equipment.This article will improve the relevant institutional rules to relieve victims in a timely and efficient manner,to help the development and prosperity of the autonomous driving industry,and to fully play the role of the liability insurance system.In order to comprehensively solve the problem of tort liability in autonomous vehicles traffic accidents.
Keywords/Search Tags:self-driving car, traffic accident, tort liability, product liability
PDF Full Text Request
Related items