Research On Tort Liability Of Autonomous Vehicles Traffic Accidents

With the help of 5G communication,high-precision maps and other technologies,autonomous vehicles have developed intelligent travel tracks,which are considered to be the development trend of the automobile industry.Autonomous vehicles cannot guarantee absolute traffic safety.As a new tort phenomenon,the traffic accident tort of autonomous vehicles will have difficulties in application when using the existing tort liability to regulate: on the one hand,because the auto drive system performs the driving task,it cannot directly apply the current driver centered motor vehicles traffic accident liability;On the other hand,in view of the complexity and professionalism of the auto drive system,the accident victim may fall into the dilemma of providing evidence when investigating the producer’s product liability.In order to remedy the rights of victims and promote the development of automatic driving technology,this paper focuses on the tort liability of autonomous vehicles in traffic accidents.The full text is divided into four parts:The first part is the research on the basic theory of tort liability of autonomous vehicles in traffic accidents.First of all,on the basis of driving automation classification standards,autonomous vehicles are defined,and it is clear that autonomous vehicles include conditional autonomous vehicles,highly autonomous vehicles and fully autonomous vehicles.Secondly,from the perspective of jurisprudence and law and economics,it demonstrates that autonomous vehicles do not have legal personality.Finally,it combs out the possible paths and selects the best model to regulate autonomous vehicles traffic accidents tort.The second part is the challenge of autonomous vehicles traffic accidents to the current tort legal norms in China.The application of current liability for motor vehicles traffic accidents poses the following challenges: unclear subject of liability for motor vehicles traffic accidents under autonomous driving status,difficulty in applying the principle of liability attribution,and difficulty in fulfilling the obligation to take over;The application of product liability will face the following difficulties: it is difficult to judge the defects of autonomous vehicles according to the existing defect standards,it is difficult to determine the tort liability person within the scope of the existing product liability subject and judge the causal relationship between defects and damage.The third part is a comparative study of the tort liability regulation of autonomous vehicle in traffic accidents.The federal government of the United States tends to guide and guarantee,and the provisions of the states on tort liability for autonomous vehicle are inconsistent;Britain has specified the insurance system applicable to autonomous vehicle in detail;Germany has stipulated different accident responsibilities for L3 and L4 autonomous vehicle;The legislation of tort liability of autonomous vehicle in China is in the exploratory stage.The fourth part is the construction of the tort liability system in China.Commercial autonomous vehicles should have the ability to deal with emergencies.Its driving process no longer includes the takeover process,but only includes the manual driving phase and the automatic driving phase.In the stage of manual driving,the autonomous vehicles can be regarded as a traditional vehicle and be subject to liability according to the current provisions on tort liability in motor vehicle traffic accidents.In the automatic driving stage,the path of tort relief for traffic accidents of autonomous vehicles is clarified by expanding the interpretation of relevant concepts of the existing tort laws: the owner and user of autonomous vehicles shall bear the liability for motor vehicles traffic accidents first;If the traffic accident is not caused by improper operation of the vehicle owner and user,it is directly presumed that the autonomous vehicle has defects,and the vehicle owner and user can recover from the vehicle manufacturer and seller;After vehicle manufacturers and sellers assume product liability,if they find that the accident is caused by auto drive system problems or algorithm software defects,they can claim compensation from a third party such as the auto drive system designer or software supplier.In order to facilitate the identification of tort liability and the relief of the rights of victims,the corresponding supporting systems should be improved,including the development of a compulsory insurance system for traffic accidents liability of autonomous vehicles and the provision of a "black box" driving record device.