A Study On Tort Liability Of Autonomous Vehicles Traffic Accident

As a product of artificial intelligence,Autonomous Vehicles have become an important strategic direction for the development of the automotive industry.Its highly intelligent attributes can not only greatly improve traffic safety and reduce accidents,but also avoid restrictions on passenger conditions and provide convenient travel for all people.The emergence has also triggered a series of legal issues,among which the issue of tort liability for traffic accidents is particularly important.This article takes the tort liability of autonomous vehicle traffic accidents as the research object,and uses comparative analysis,literature analysis and normative analysis to carry out research on the tort liability of autonomous vehicles.The first part first clarifies the concept,classification and classification of autonomous vehicles,and distinguishes the obligations of drivers in different levels of vehicles through the division of driving levels,and then helps to discuss the division of tort liability.Secondly,by expounding the different theories and viewpoints of the legal personality of autonomous vehicles,combined with the current development status of autonomous driving technology,it is believed that autonomous vehicles do not have legal personality,and they still belong to the category of things.Thirdly,it analyzes the difference between the operating modes of autonomous vehicles and traditional motor vehicles,and puts forward the particularity of its tort liability.The second part mainly elaborates the predicament of the application of the law of liability for accidents involving autonomous vehicles.First,analyze the four possible applicable rule paths of motor vehicle accident liability,product liability,labor dispatch liability,and high-risk liability,and whether to solve the problem of autopilot tort liability at the emergence stage or should it be motor vehicle accident liability and product liability Discuss under the framework.Secondly,from the perspective of the problem,analyze the three challenges that Autonomous Vehicles pose to traditional tort law.First,in the identification of the responsible party,the full application of motor vehicle traffic accident liability or product liability cannot be effectively resolved.Second,the imputation principle based on the driver’s fault is no longer applicable.The third is the determination of causality.Due to the autonomy and learning characteristics of the autopilot system,it is very difficult to prove the causality between the accident result and the product defect.The third part analyzes the legislative practice of developed countries outside the region,such as the United States,Germany,the United Kingdom,and Japan,and obtains enlightenment that will help to improve my country’s self-driving car infringement liability rules.For example,Japan clearly stipulates the scope of liability for infringement of Autonomous Vehicles in its legislation;the United Kingdom has included Autonomous Vehicles in the scope of compulsory car insurance;Germany has clarified the rights and obligations of drivers in the "Road Traffic Law",and in the determination of liability on the other hand,a black box system was established.The fourth part proposes the perfect measures for the rules of liability for tort of self-driving car traffic accidents.Regarding the identification of responsible entities,the owners,users,producers,sellers,and autopilot system developers and designers are included in the scope of the responsible entities.In terms of causality determination,we draw lessons from the German takeover obligation and determine the source of the fault by judging whether the human driver has actively fulfilled the obligation to take over;if the driver is not at fault,the product defect is presumed to have a causal relationship with the damage result.Applicable product liability.In terms of perfecting the principle of liability,the principle of diversified liability is adopted to apply different levels of autonomous vehicles.Finally,through the establishment of a manufacturer’s compulsory insurance system,the establishment of a self-driving car social compensation fund system,and the promotion and installation of "black boxes" and other supporting systems,we will comprehensively deal with the infringement of self-driving car traffic accidents.