Research On Tort Liability Of Highly Automated Vehicles Traffic Accident

The artificial intelligence is developing swift and violent.The public gradually began to accept and enjoy the practicality and convenience brought by high-tech intelligent products to production and life.Among them,automatic driving technology has great advantages in improving the traffic efficiency of road vehicles by avoiding human driving errors and optimizing travel route schemes to avoid blocking road sections and reduce traffic accidents.However,the autonomous decision-making of autopilot,the ambiguity of driving behavior and the ambiguity of tort causality have led to the difficulty of solving the problem of the infringement of Highly Automated Vehicles(HAV)traffic accidents under the existing tort liability framework,which has become a hot issue around the world and academia.Although the autonomous driving vehicle has the capability of independent decision-making and action,it still does not achieve the level of regulation by separate legislation.We should solve the problems of various types of infringement on the automatic driving vehicle by improving and adjusting the application of the existing laws.Through analysis and comparison,this paper believes that,the HAV can not be separated from the nature of the machine,so it can not give its legal status as a legal entity.For the traffic accident tort liability caused by it.similar tort liability rules should be applied mutatis mutandis under the current tort liability framework.There is a great difference between the automatic driving vehicle and the ordinary motor vehicle in the operation and operation mode of the vehicle.Therefore,it is not suitable for immediate application of traffic accident liability or high risk liability directly.Instead,it should be regarded as highly intelligent machine product according to its nature and characteristics.After a highly automated driving vehicle has infringed on traffic accidents,the liability rules of motor vehicle traffic accidents are used to identify the liability of each party in the accident.Under the assumption that the HAV should be responsible,the accident should be distinguished from human factors or vehicle defects.If the accident occurs due to vehicle defects,it should be handled according to product responsibility.If the accident occurs due to the improper operation of the HAV user.the failure to take over in time and the failure to fulfill the duty of vehicle inspection and maintenance,the user shall bear the tort liability.Of course,the product liability should be perfected and adjusted on the basis of the characteristics of the HAV.The automatic driving system installed inside the vehicle is decisive for the normal operation of the automatic driving vehicle.When the product liability is applied,the design of the automatic driving system should be incorporated into the category of responsibility subjects,and the liability for tort caused by product defects should be shared fair and reasonable.The existing "double standards" obviously can not adapt to the practice.Therefore,it is necessary to determine whether there are defects from the design,manufacture,warnings,and tracking observation of the products.At the same time,it also reduces the burden of proof of the victims’ defects in the products of the automatic driving vehicle,so that the rights and interests of the victims are given priority and adequate protection.The development of automatic driving technology is accompanied by risks.China can draw on advanced foreign experience and practice,formulate supportive policies and regulatory rules in line with China’s national conditions.All those measures are aimed at balancing the development of auto driving industry,the protection of tort damage,the overall production and living benefits of the society,the protection of the rights and interests of infringement cases,the interests of producers and consumers of automatic driving vehicles,and the promotion of the advance and spread of autopilot technique.