Research On Civil Liability For Traffic Accidents Of Driverless Cars

In recent years,China’s "5G" network has been fully constructed,and the information transmission rate has been greatly improved.Benefiting from this,vehicle driverless technology has developed rapidly,and the era of vehicle driverless has gradually begun in China.Chinese policies strongly support the development of driverless cars and their industry will usher in a broad market.However,our law still has some shortcomings in determining the civil liability in the driverless car traffic accident.The driverless cars have great differences compared with the traditional cars.The existence of driverless systems makes the driverless cars have autonomy and the characteristics of the risk caused by traffic accident.This article studies our present motor vehicle traffic accident liability legislation,product liability legislation and the shortages of the application of the driverless car traffic laws and regulations in the traffic accident caused by the driverless cars.This paper discusses various issues of civil liability in driverless car traffic accident according to foreign driverless car traffic legislation and establishes our country’s civil liability system in driverless car traffic accident.This paper holds that the driverless car driver,the vehicle dispatcher,the vehicle owner and the manufacturer and seller of the driverless car can all be identified as the subject of civil liability in the traffic accident of the driverless car.In case of damage caused by a traffic accident without the use of the driverless system,the liability for compensation shall be determined by referring to the chapter on Liability for Motor Vehicle Traffic Accidents in the Chinese Road Traffic Safety Law and the Civil Code.If the driver is at fault,the driver shall bear the liability for compensation.In case of damage caused by a traffic accident caused by the use of the unmanned driving system,the vehicle owner shall be liable for compensation.If the vehicle dispatcher is at fault,he shall also be liable for compensation.After the vehicle owner,driver and dispatcher make compensation,if the damage can be proved to be caused by the defects of the unmanned driving system,they may seek compensation from the producer and seller according to law.In addition,a set of strong identification standards for unmanned driving system defects should be established in order to solve the difficulties in the identification of unmanned driving system defects.This paper also studies the problems of liability conformation and exemption in traffic accidents of driverless cars.It is expected to provide some reference for our legislation on civil liability in traffic accidents of driverless cars.