Research On Compensation For Traffic Accident Damage Of Autonomous Vehicles

Autonomous vehicles refer to mobile intelligent robots generated based on algorithms.They can be divided into different levels according to the degree of automation.The higher the level,the higher the degree of automated driving,the stronger the system’s autonomous learning ability,and the lower the duty of attention to human users.Which makes compensation for damage to autonomous vehicles in traffic accidents is highly autonomous,low predictability and interpretability.Existing laws in China do not directly regulate the issue of damage compensation for traffic accidents of autonomous vehicles.The current legal system is faced with a series of challenges,such as the difficulty of recognition by the responsible subject,applying the principle of liability,determining the illegal facts,and applying and defending product liability.From the perspective of legal interpretation,it is advisable to apply the compensation for damage caused by traffic accidents of autonomous vehicles on the basis of the current Tort Liability of Civil Code and Product Quality Law.In respect of compensation for infringement of traffic accidents in autonomous vehicles,the current liability principles for motor vehicle traffic accidents can be mainly applied to pursue the responsibility of cars’ holder and users.For self-driving cars with a higher level of automation,they should be classified as special types of products,and manufacturers should be held responsible for product defects.In addition,at the beginning of the development of the autonomous vehicles industry,the high-risk liability can be regarded as the bottom responsibility.When a series of technical means such as "black box" technology cannot be used to identify the specific cause of the accident,the victim can obtain corresponding damages according to the high-risk liability Compensation.At the same time,it is necessary to establish specific safety standards for autonomous vehicles to help complete the application of product defect identification and defense reasons.In terms of insurance system and damage compensation fund system,reference can be made according to Britain and Germany and other countries regarding the insurance mechanism for damage compensation for autonomous vehicles traffic accidents.Suggestions can be putforward on perfecting the insurance coverage and minimum amount of China’s autonomous vehicles traffic accident damage insurance.Only in this way,risks may be diversified and relief will be achieved.Eventually we may balance the interests of multiple parties such as producers,consumers and victims.