Research On Tort Liability Of Automated Driving

Self-driving cars can drive safely,facilitate people’s lives,improve driving safety,and effectively reduce the risk of collisions.At the same time,they can save drivers’ social time costs and labor costs,and bring opportunities for innovation in the automotive industry.The classification of self-driving cars makes it a specific application of artificial intelligence technology,although it has a certain degree of autonomy,but because it does not have the "independent consciousness" of human beings,it cannot be given legal status at this stage;the driver and the automatic driving system share the steering wheel As a result,the subject of responsibility is not very clear,and the deep learning function of self-driving cars makes the causal relationship between the defects formed by "acquired" and accidents obscure,and the current regulations cannot be directly applied.Through the analysis of several tort paths that may be applicable in the current tort law,following the principles of encouraging scientific and technological innovation and remedying the victim,and taking into account the consideration of China’s current tort law rules,high risk liability,alternative liability,and strict liability of motor vehicle insurance are not applicable At the current stage of selfdriving car infringement,it is appropriate to choose the comprehensive path of "motor vehicle traffic accident liability + product liability",combined with the level of automatic driving,type analysis of automatic driving infringement,and through the adjustment of the current tort law properly Solve the dilemma of responsibility."Assisted driving" infringement exists "motor vehicle traffic accident liability + product liability",which is divided into three stages: pre-takeover,post-takeover,and takeover phases.How to allocate between the driver and the automatic driving system is as follows: Before taking over,automatic driving As a kind of product,an accident occurs at this stage.If the automatic driving system is defective,it constitutes product liability;after the driver takes over,the driver has switched to manual driving,and the damage caused by this constitutes an ordinary motor vehicle.Liability for traffic accidents;for accidents that take place during the takeover phase,motor vehicle traffic accident liability involving the driver and producer’s product liability.The principle of fault presumption is adopted for the determination of the responsibility of the driver.If the driver cannot prove that the damage has occurred without fault,that is,he cannot prove that he has fulfilled the "duty to take over" or "the obligation to use the automatic driving system according to the regulations",he should assume motor vehicle traffic.Accident liability.In the case of "assisted driving",the driver only needs to bear the tort liability if the system fails to take over the duty properly after the system takes over the warning."Assisted driving" the infringement liability when the self-driving car in the takeover phase does not send the driver a prompt The identification process is the same as that of the fully automatic liability.For the identification of product defects of fullyautonomous vehicles,consumers can adopt reasonable expectations standards;in the absence of driver’s fault,or no driver at all,the self-driving car can be resolved directly based on the principle of indirect evidence that infers the existence of product defects Difficulties in identifying product defects and causality in the field.Finally,under certain circumstances,the producers of self-driving cars may evade product defect liability by proving that they have exemption grounds through technical advantages.It is necessary to introduce an insurance system: in the early stage of research and development of autonomous driving technology,the Accident liability is included in China’s existing motor vehicle insurance system,requiring every owner of an autonomous vehicle to buy strong insurance for its vehicle;when autonomous driving technology matures,it can be considered that the producer of the autonomous vehicle purchases product liability insurance.In this way,the accident risk brought by the autonomous driving technology is transformed into the normal business risk of the insurance company,and the victims are relieved in a timely and efficient manner.