Research On Tort Liability In Traffic Accidents Involving Driverless Car

Driverless vehicle is the highest level of vehicle classification in which the system undertakes all driving tasks.It has the characteristics of autonomy,deep learning,incompleteness and so on;It will play an important role in improving driving safety and alleviating urban traffic congestion;At the same time,it will also bring a series of technical and legal risks.Its emergence will impact the existing civil subject system,which has also been deeply discussed in the academic circles.Some scholars advocate that it can be given the status of civil subject,while others believe that it should still be treated as the object of law.This paper agrees with the latter view;The most typical impact of driverless vehicles on tort liability is the inability to effectively connect driverless vehicle traffic accidents with motor vehicle traffic accident liability and product liability;After analyzing and sorting out several schemes on dealing with the tort liability of driverless vehicle traffic accidents in the current academic circles,whether it follows the previous motor vehicle traffic accident liability,refers to the similar liability modes such as animal tort and high risk liability,or introduces the liability of motor vehicle owner,it can not effectively deal with the upcoming dilemma;The best solution still needs to be based on product responsibility,but the relevant elements of product responsibility need to be reinterpreted: for the identification of producers,software designers,parts manufacturers and automobile refitters should be classified according to the facts;For the judgment of product defects,the mode of presuming the existence of defects is adopted,and the burden of proof is transferred to the producer;For causality,the fact that the damage occurs shall be proved by the consumer first;After that,the burden of proof is transferred to the producer.The producer needs to prove that the products he provides will not cause some damage,and the consequences can be exempted,otherwise he must bear tort liability for the damage consequences.The reason why such strict requirements are imposed on producers is to better protect the rights and interests of consumers,and it is also a choice made on the basis of the comparison of power between the two sides.