Research On Tort Liability Of The Damage Caused By Autonomous Vehicles

With the rapid development of artificial intelligence technology,various areas of social life are increasingly inseparable from artificial intelligence products.Autonomous driving car is the latest product of artificial intelligence in the field of transportation,which has gradually entered people’s life.At the beginning of the design of autonomous driving vehicle,it is hoped that the design can reduce or even avoid the occurrence of traffic accidents.However,the autonomous driving technology is in its infancy and has not yet formed a complete and mature industrial model,which also cannot guarantee absolute driving safety.Self-driving cars than traditional cars,there are more complicated driving mode,the addition of artificial intelligence can make cars in the road of autonomous driving,no driver operating separately,however,when the self-driving cars cause accidents,trying to solve the problem of self-driving cars damage responsibility becomes more and more difficult.On the one hand,the automatic driving system gradually replaces the manual driving,and the driver has different degrees of control over the vehicle under different driving modes,and the identification boundary of the tort liability subject is not clear,which makes it difficult for the traditional traffic accident liability rules to continue to apply.On the other hand,autonomous driving vehicles also have product attributes.Can problems caused by autonomous learning ability and intelligence be identified as product defects?Which subject should be responsible for the product?In addition,refined processing of autonomous vehicle product parts has increased the number of product liability subjects,and it is also more difficult to identify the cause of accidents,which challenges the traditional product liability system.Therefore,in order to clarify the tort liability issues related to autonomous driving vehicles,legal issues in each link should be analyzed and improved according to the driving mode at the time of accident and the traditional constituent elements of tort liability,so as to regulate the tort of autonomous driving vehicles.Firstly,the research and development of the automatic driving system,vehicle parts or raw material suppliers should be added as the main body of responsibility.The former should bear strict product liability,while the latter should bear fault liability.Secondly,the judgment standard of product defect should be based on "unreasonable danger",referring to national and industrial standards,and supplemented by reasonable expectation standard of consumers,risk utility standard and development risk defense.Finally,the burden of proof for the product defects of autonomous vehicles is inverted.In this way,the victims of traffic accidents of autonomous driving vehicles can be protected,and the development space of producers and researchers can be given to promote the development of autonomous driving technology.