Legal Analysis On The Liability Of Driverless Vehicle Traffic Accident

As one of the core technologies in the era of artificial intelligence,driverless technology has brought convenience to our lives and lowered the threshold for the use of cars.However,since its birth,legal disputes have been endless,and the frequent cases of accidents after its introduction into the market have caused considerable legal and ethical controversy.Driverless vehicles compared with ordinary cars have higher intelligence.Road Traffic Safety Law can not define the reasonable responsibility between human drivers of driverless vehicles and artificial intelligence systems.Besides,Product Quality Law cannot tell product defects and exemptions of driverless vehicles accurately,which could make the vehicle makers avoid required responsibility.At the same time,the advent of driverless vehicles also poses new challenges to the application of CLIVTA(compulsory liability insurance of vehicle traffic accident).Therefore,we need to conduct in-depth discussion on the subject of responsibility for accidents caused by driverless vehicles,the way to assume responsibility and the insurance mode of driverless vehicles.This paper first analyzes the domestic and foreign research on the liability of driverless accidents and then studies the theoretical basis of traffic accident liability and product liability in China combining the relevant advanced experience of foreign countries.According to the six level(L0-L5)classification of driverless vehicles made by SAE,driverless vehicles are divided into type I vehicles(L0-L2,ordinary driving and low-level driverless)and type II vehicles(L3-L5,medium level driverless and high-level driverless),which are the basis of the application of traffic accident liability or product liability.At the same time,the existing Road Traffic Safety Law classifies the accidents into two types which are among motor vehicles and between motor vehicles and non motor vehicles or pedestrians.The study will put driverless vehicle elements into consideration in order to expand them into five different types of relationship.They are relationships of driverless vehicles,driverless vehicles and ordinary motor vehicles,driverless vehicles and non motor vehicles and pedestrians,ordinary motor vehicles,ordinary motor vehicles and non motor vehicles and pedestrians.Finally,the paper puts forward the treatment scheme of traffic accident liability in the future.Under different types of accidents,product liability or traffic accident liability should be considered and make a more clear division of vehicle accident liability.In addition,this paper also proposed that the driverless system assessment rule and the corresponding punishment plan should be established,which limited the obligations of manufacturers reasonably.It is proposed to change the subject of insurance of CLIVTA,taking the manufacturer as the insurance obligor,and changing the existing "accident item quota system" to "victim general quota system".The source of the exclusive rescue fund for driverless vehicle accidents should be expanded,and relevant investment and donation or otherwise by interested parties of driverless cars should be put into the compensation fund so as to protect the interests of victims to the greatest extent.