Approaches to Autonomous Driving Vehicle Traffic Accidents Liability in China

Autonomous driving technology, as another major revolution in the field of transportation technology, brings new challenges to the provisions of the current legal system. Whether the autonomous vehicle can become the subject responsible for traffic accidents, whether the manufacturer of autonomous vehicle should bear the responsibility, and how to identify the driver’s responsibility have become difficult problems in the process of responsibility identification. To solve the above issues, this paper conducts a comparative analysis of US and UK autonomous vehicle regulations, incorporating China’s existing traffic laws, to propose a classification standard for autonomous vehicle traffic accident liability in the Chinese context. This research proposed framework hinges on two principles. Firstly, it differentiates between driving assistance and full autonomous driving, applying existing traffic accident tort liability rules during driving assistance, with manufacturer liability for technology failures. In contrast, autonomous driving warrants manufacturer product liability. Secondly, framework distinguishes between human and autonomous driving, determining liability based on the vehicle’s operating mode at the time of an accident. Users are liable if they didn’t engage autonomous mode or intervened, while accidents in full autonomous mode invoke manufacturer product liability. Recognizing flaws in the product liability system, such as delayed compensation and high litigation costs, we propose introducing a liability insurance system. This multifaceted approach safeguards victims and mitigates risks in the evolving autonomous driving landscape.