Research On Tort Liability Of Automated Vehicles Traffic Accident

Autonomous vehicle is the fusion product of motor vehicle and artificial intelligence.Its arrival has had a positive impact on road traffic efficiency.But at the same time,it also increases safety risks,and the emergence of human-machine hybrid driving mode poses new challenges to the determination of tort liability in traffic accidents.As far as the current development level of autonomous vehicle is concerned,the intelligence level of vehicles that have actually participated in road traffic and caused problems is generally between L2 and L3,which still does not break the essential attribute of tools,and it is too early to give the status of legal subject.However,due to their diverse driving modes and more reasons for traffic accidents,including the misoperation of drivers,auto drive system and product defects of vehicles,so that any of the traffic accident liability and product liability involved in the infringement of autonomous vehicle traffic accidents can not independently solve the problem of its tort liability.Through the analysis of the liability for traffic accidents,it is found that there are problems such as fuzzy subjects,diversification of liability principles and difficulties in identifying causality when autonomous vehicle apply to the liability for traffic accidents.In view of these problems,the subject of responsibility under each driving mode should be analyzed in detail and identified accurately,and the principle of liability attribution should be adjusted for different subjects of responsibility under each driving mode.Through the analysis of product liability,it is found that there are difficulties in identifying the subject of product liability,identifying product defects,providing evidence for the causal relationship of product liability,and applying exemption reasons when applying product liability to autonomous vehicle.In view of these problems,we should appropriately expand the subject of product liability,identify product defects by category,clarify the causal relationship of product liability,and limit the application of exemption reasons of product liability.Through a horizontal examination of extraterritorial systems,it is believed that the introduction of black box technology and compulsory insurance is of positive significance for improving the identification of tort liability,relieving victims,and protecting the healthy development of the industry.