Case Description

Li has purchased the latest model of a car with autonomous driving function. One night, while driving a car, Li saw no other vehicles or pedestrians on the road, so he activated the automatic driving function. Unexpectedly, after driving for a distance, a cleaning car was in operation ahead. Li's car did not automatically take evasive and deceleration measures in automatic driving mode, ultimately leading to a traffic accident. Li believes that the failure of the autonomous driving function to successfully identify a vehicle ahead is the root cause of the accident, so he sued the vehicle manufacturer to assume compensation responsibility.

Lawyer Analysis

There are no relevant provisions on autonomous driving in the current effective Road Traffic Safety Law of China. On March 24, 2021, the Ministry of Public Security issued a public notice soliciting opinions on the "Road Traffic Safety Law (Revised Proposal Draft)". The revised proposal draft shows that the relevant provisions for autonomous driving have been added in this revision.

According to the revised proposal draft mentioned above, vehicles with autonomous driving function and manual direct operation mode should record real-time driving data when conducting road tests or passing on the road; The driver should be in the driver's seat of the vehicle, monitor the operation status and surrounding environment of the vehicle, and be ready to take over the vehicle at any time. In case of road traffic safety violations or traffic accidents, the responsibility of the driver and the development unit of the auto drive system shall be determined according to law, and the liability for damages shall be determined in accordance with relevant laws and regulations. If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

At present, in China's national standards, the level of autonomous driving for automobiles is divided into six levels from low to high: L0 to L5. Among these six levels, the low-level autonomous driving only serves as an auxiliary driving function, and the driving subject remains the driver. With high-level automatic driving, the car can completely separate from the driver and perform the driving task instead of human beings. The driving subject is no longer the driver, but the system. Therefore, in the aforementioned revised opinion draft, in addition to the driver, the development unit of the auto drive system is also likely to become the subject of responsibility.

From the perspective of tort liability, the specific party responsible for traffic accidents should be judged from the perspectives of causality and fault. Firstly, determine whether there is a causal relationship between driving behavior and the consequences of the damage. Based on the causal relationship, further determine which party caused the fault that caused the accident. For example, at the time of the accident, was the vehicle in a state of direct driver operation, autonomous driving, or mutual assistance between the vehicle and the driver. The accident was caused by the driver's failure to drive in accordance with the law or the operating guidelines, or the auto drive system did not work normally and there was a product quality problem. Of course, if various factors exist, all parties will share the responsibility according to the proportion of fault.

It is recommended that car owners purchase models with recording and storing driving data functions, similar to the "black box" of airplanes. Once an accident occurs, relevant data will be saved for the purpose of determining responsibility. At the same time, in autonomous driving mode, attention should also be paid to monitoring the road conditions to prevent accidents.