A Study On Legal Liabilities In Traffic Accidents Involving Autonomous Driving

Autonomous driving has become one of the foremost and hottest technologies today.The development of autonomous driving will definitely bring great changes to our daily traveling and significant benefits to our lives.However,while traffic accidents are expected to drop sharply with autonomous driving,this does not mean that auto-driving vehicles won't cause accidents.In fact,many traffic accidents involving autonomous driving(including driverless driving)have happened around the world.The degree of human's involvement in the driving of auto-driving vehicles is being gradually reduced or even eliminated,thereby significantly affecting the existing motor vehicle operating system.Moreover,as auto-driving vehicle accidents lead to a multitude of liabilities,such as tort liability,product liability and contractual liability,the allocation of these liabilities will become more and more complicated with the emergence of autonomous driving,thereby bringing new problems and challenges to the existing motor vehicle traffic accident liability system in China.In such context,the author tries to make a systematical analysis and study in this paper on the allocation of liabilities in traffic accidents involving autonomous driving(including driverless driving).The author first introduces the definition of autonomous driving,the level of autonomous driving and the features of the auto-driving system.Among them,the level of autonomous driving needs to be particularly noted as it directly affects the allocation of legal risks to an auto-driving vehicle.The author believes that only auto-driving vehicles of L4 and L5 shall be discussed in this paper,as vehicles below these levels are actually traditional vehicles,whose electronic system only plays an auxiliary role.For such traditional vehicles,the existing accident liability allocation system shall apply directly.The author also briefly introduces the auto-driving legislations in other countries,and finds out that such legislations mainly focus on the road testing and safe driving of auto-driving vehicles without a thorough study on the liabilities in accidents involving autonomous driving,nor are there any specific laws or regulations in this respect.The author then studies the existing motor vehicle traffic accident liability system in China,including the liable subject,the principles for liability determination,and third-party liabilities.Based on such study,the author points out some challenges brought by autonomous driving to the traditional motor vehicle accident liability system.The first challenge lies in the identification of the liable subject.This is a result of the gradual reduction of human's involvement in the driving process,the complexity of the auto-driving system,and the emergence of new third-party infringers,the combination of which have led to a great relief of the legal liability of the original “motor vehicle party”.The second challenge lies in the fact that,in practice,the deep learning technology widely used in autonomous driving is difficult to predict and explain and may be affected by continuous learning in the future,for which the manufacturers of auto-driving vehicles are likely to defend themselves by alleging the existence of special risks in the development of auto-driving vehicles.Following the above study,the author continues to scrutinize the allocation of liabilities in accidents involving autonomous driving from several perspectives,including the type of accident,the type of liabilities,the auto-driving level of the vehicle,the liable subject,etc.Regarding the type of accident,there are 2 types in total,one is accidents between an auto-driving vehicle and a traditional motor vehicle,and the other is accidents between an auto-driving vehicle and a non-motor vehicle or pedestrian.The author believes that the key to determining the type of an accident is whether the auto-driving vehicle is in the auto-driving status at the time of the accident.If yes,the product liability shall apply.If not,the existing fault liability system(for accidents between motor vehicles)or fault presumption liability/no-fault liability system(for accidents between a motor vehicle and a non-motor vehicle or pedestrian)currently implemented in China shall apply.Regarding the type of liabilities,they are divided into 3 types in total,i.e.,tort liability,product liability and contractual liability.In determining the type of liabilities,various factors need to be considered,including the driving status of the vehicle at the time of the accident,the agreement among the owner,operator and passenger of the vehicle,etc.Regarding the auto-driving level of the vehicle,the author believes that auto-driving vehicles shall be divided into three categories,i.e.,traditional vehicles,L4 vehicles and L5 vehicles.For traditional vehicles,the existing liability allocation system shall apply.For L4 vehicles,the driving status of the vehicle at the time of the accident shall first be determined before allocating the liabilities.For L5 vehicles,in principle,the manufacturer's product liability shall apply.Regarding the liable subject,the author believes that the user and owner of the auto-driving vehicle(sometimes they are the same person),the manufacturer,seller and operator of the auto-driving vehicle,the supplier of the auto-driving system,the relevant work personnel,and the infringing third parties may all become the liable subject in an accident involving autonomous driving.Therefore,to identify the liable subject,it is necessary to conduct a comprehensive analysis of the specific cause of the accident,whether the vehicle is in the auto-driving status at the time of the accident,and the role each party plays in the cause of the accident.Through the analysis and study in this paper,the author finds that accidents involving autonomous driving are highly complicated,and many factors need to be considered in the allocation of liabilities.Therefore,the author tries to locate and sort out these factors.First of all,it is fundamental to determine the type of liability and identify the liable subject based on factors such as the auto-driving level of the vehicle,whether the vehicle has a driver's seat,the owner of the vehicle,and the driving status of the vehicle at the time of the accident.These factors will determine whether tort liability or product liability shall apply to the motor vehicle accident and also who is the liable subject.Secondly,to determine the liability of each party in the accident,factors such as whether the accident involves a non-motor vehicle or pedestrian,the percentage of each party's liability,third-party liability,etc.,shall be considered,and a liable subject may claim an exemption or mitigation of its liability by listing out certain factors which entitle it to such exemption or mitigation.In this paper,the author also studies the special risks in the development of auto-driving vehicles,and believes that a defense based on such special risks shall balance the interests between the manufacturers and consumers of auto-driving vehicles so as to ensure the healthy growth of the auto-driving vehicle industry.Regarding the compulsory insurance for autonomous driving,the author believes that to balance the interests of various parties and to promote autonomous driving,manufacturers may be required to take out such compulsory insurance in the future.Furthermore,to reduce the risks of the manufacturers,industry funds may be set up to make supplementary compensation to victims in accidents caused by autonomous driving.This will help reduce the burden of individual manufacturers and share risks among them.To sum up,the author believes that in handling accidents involving autonomous driving,the key is to determine the driving status of the auto-driving vehicle at the time of the accident,and legal liabilities may be determined thereafter.In this connection,the author suggests in the last chapter that the existing laws and regulations may be amended in the future to the effect that a device similar to a black box shall be mandatorily installed on auto-driving vehicles to help determine the liabilities in accidents involving auto-driving.The author also suggests that in addition to compulsory insurance,industry funds and special compulsory insurance for autonomous driving may be set up to make supplementary compensation to victims.On the one hand,it may help share among enterprises the risks in the development of auto-driving vehicles,and on the other hand,it may also help promote the popularity of autonomous driving.For the so-called artificial personality of robots,since the existing legal system is already sufficient to clearly allocate liabilities in accidents involving autonomous driving,it is unnecessary to adopt such a concept in the short term.In conclusion,the author believes that it is necessary to establish a traffic accident liability allocation system that adapts to the popularity of auto-driving vehicles,so that autonomous driving can better serve the human beings.