Research On Tort Liability Of Autonomous Vehicle Traffic Accident

As one of the typical representatives of artificial intelligence technology,self-driving technology on the one hand makes our travel safer and more efficient,meeting people’s growing development needs;on the other hand,the arrival of self-driving technology also causes a certain degree of impact on the existing legal system,and the issue of liability determination and responsibility arising from its occurrence in traffic accidents has become an urgent issue that needs to be resolved at present.In recent years,traffic accidents caused by self-driving cars have come to the public’s attention.This paper is a reflection on the tort liability for traffic accidents caused by self-driving cars,prompted by two typical cases.A clear definition of the concept of self-driving cars and an understanding of their technical classification is the basis for studying the issue of tort liability,and this paper selects self-driving cars of class 3 and above as the subject of study.With regard to the legal status of self-driving cars,there are two main views in the academic community:the subject and the object.Based on a review of the above two views,this paper,after a comprehensive analysis of the capacity of will,the property necessary to engage in the activity and whether there is legal form of recognition,believes that although self-driving cars have a certain degree of autonomous decision-making capacity,at this stage we still have to consider them as objects of rights,which are classified as objects.As autonomous vehicles are different from traditional motor vehicles,they also face a number of practical dilemmas in terms of traffic accident liability,including both motor vehicle traffic accident liability and product liability.Specifically,firstly,the existence of technical classification makes the scope of liability subjects for different classes of autonomous vehicles different,and although they are broadly within the scope of the producer,seller and owner and user of the vehicle,the subjects of liability for traffic accidents under different classes and circumstances cannot be directly applied to the provisions of traditional motor vehicle traffic accidents.Secondly,due to the highly autonomous nature of self-driving cars,the determination of fault and the duty of care becomes difficult when applying the traditional fault-based rules of motor vehicle traffic accident liability.Thirdly,as a product,self-driving cars are of course subject to product liability rules,but as the core of product liability determination,the criteria for determining product defects have not yet been established,and the exemptions that can be claimed by the producer are also There is some doubt as to what the producer can claim as a defence.To address the above-mentioned issues,this paper selects the United States,Germany and Japan,where the theoretical research on self-driving cars is relatively advanced,as the object of study,analyses the current status of legislation on tort liability for self-driving cars in these countries,learns from overseas advanced legislative experience and practice,builds on China’s existing legal framework for tort liability,draws on useful experiences,and upholds the position of protecting the legitimate rights and interests of victims while encouraging In this paper,we will discuss the current state of tort liability legislation for autonomous vehicles in these countries.First,clarify the responsibility of the subject.Abandon the monolithic criteria for determining the subject matter,expand the scope of subjects liable for self-driving cars,and determine the liability of the owner,actual user,system designer,manufacturer and seller of self-driving cars respectively according to the specific circumstances.Secondly,considering the stage of development of autonomous driving technology,and taking into account the lower level of stage it is currently in,the view that fault-based liability can be applied is put forward.Thirdly,the existing product liability laws should be adjusted,such as the establishment of the "consumer’s reasonable expectation" criterion for determining defects,and the adjustment of the circumstances under which the exclusion of liability applies.Fourth,through the introduction of a compulsory liability insurance system for self-driving cars and the installation of "black boxes" and other supporting measures,we will cooperate with the legal norms to find out the truth,provide timely and effective relief to victims,and solve the problem of tort liability in traffic accidents involving self-driving cars.