On a certain day in July 2024, a traffic accident occurred in Wuhan involving "Luobo Kuaipao," an autonomous ride-hailing service platform under Baidu, in which a driverless taxi made minor contact with a pedestrian. This incident has sparked widespread public discussion regarding the safety of autonomous vehicles and the allocation of liability in the event of an accident. This edition will examine the "Luobo Kuaipao" incident to explore how liability should be apportioned when accidents involving driverless vehicles occur.

I. Incident Review

At the time of the "Luobo Kuaipao" accident, the vehicle started moving when the traffic light turned green, while the pedestrian was crossing the road against a red light. An initial examination of the pedestrian revealed no apparent external injuries; however, the individual remained at the hospital for further observation and treatment as a precautionary measure. Baidu promptly responded, stating that it would fully cooperate with the traffic police department's investigation and proactively assume corresponding liability. Concurrently, Baidu emphasized the potential and value of autonomous driving technology in enhancing road safety.

II. Legal Regulations Related to Autonomous Driving Technology

The traffic accident involving "Luobo Kuaipao" has once again raised questions regarding the safety of driverless technology. With the advancement of autonomous driving technology, how should liability for accidents be reasonably apportioned among the multiple parties involved in driverless operations, namely, the vehicle owner, the vehicle manager, the autonomous driving system developer, and the insurance company?

According to research, China has issued a series of regulations to promote the development of the driverless vehicle industry. However, there is currently no unified and clear legal provision. The following table represents only a non-exhaustive compilation:

Standing Committee of the Hangzhou Municipal People's Congress

Regulations of Hangzhou Municipality on the Promotion of Testing and Application of Intelligent Connected Vehicles

2023/12/1

Standing Committee of the Suzhou Municipal People's Congress

Regulations of Suzhou Municipality on the Promotion of Intelligent Vehicle-Internet Integration Development

2023/11/21

Ministry of Transport

Guidelines on Transport Safety Services for Automated Driving Vehicles (Trial)

2023/11/17

Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Housing and Urban-Rural Development, Ministry of Transport

Notice on Carrying Out the Pilot Work for the Access and Road Operation of Intelligent Connected Vehicles

2023/3/1

Standing Committee of the Wuxi Municipal People's Congress

Regulations of Wuxi Municipality on Promoting the Development of the Internet of Vehicles

2023/2/1

Standing Committee of the Shanghai Municipal People's Congress

Regulations of Shanghai Pudong New Area on Promoting the Innovative Application of Driverless Intelligent Connected Vehicles

2022/8/1

Standing Committee of the Shenzhen Municipal People's Congress

Regulations of the Shenzhen Special Economic Zone on the Administration of Intelligent Connected Vehicles

2021/9/1

Ministry of Industry and Information Technology, Ministry of Public Security, Ministry of Transport

Management Specification for Road Testing and Demonstration Application of Intelligent Connected Vehicles (Trial)

2021/7/30

Ministry of Industry and Information Technology

Opinions on Strengthening the Access Management of Intelligent Connected Vehicle Manufacturers and Their Products

2020/12/20

Ministry of Transport

Guiding Opinions on Promoting the Development and Application of Autonomous Driving Technology in Road Transportation

2020/10/20

General Office of the State Council

Development Plan for the New Energy Vehicle Industry (2021-2035)

2020/2/10

Eleven Ministries and Commissions Including the National Development and Reform Commission

"Development Strategy for Intelligent Vehicle Innovation"

2018/12/25

Ministry of Industry and Information Technology

"Action Plan for the Development of the Internet of Vehicles (Intelligent and Connected Vehicles) Industry"

2017/4/6

Ministry of Industry and Information Technology, National Development and Reform Commission, Ministry of Science and Technology

"Medium- and Long-Term Development Plan for the Automotive Industry"

Among these, with respect to the attribution of liability in traffic accidents, the "Implementation Guidelines for the Pilot Program on the Access and Road Operation of Intelligent and Connected Vehicles (Trial)" provides relatively detailed and specific provisions, explicitly stating that, "where a road traffic accident occurs while the automated driving system function is not activated, liability shall be determined in accordance with the current regulations; where a traffic accident occurs while the automated driving system is activated, the insurance company shall provide compensation within the limits of the insurance liability. For any portion of the loss not covered, the liability for compensation of each party shall be determined in accordance with Article 76 of the Road Traffic Safety Law of the People's Republic of China. Where compensation liability is to be borne by the intelligent and connected vehicle party in accordance with the law, the pilot user entity shall bear such liability; if the pilot vehicle manufacturer, the automated driving system developer, the infrastructure and equipment provider, the safety officer, or other relevant parties are at fault for the occurrence of the traffic accident, the pilot user entity may seek recourse in accordance with the law. If the conduct constitutes a crime, the criminal liability of the responsible person shall be pursued in accordance with the law."

Furthermore, the "Shenzhen Special Economic Zone Regulations on the Administration of Intelligent and Connected Vehicles" also specifically stipulates that if an accident occurs while the automated driving system is activated, the vehicle owner or manager, after bearing primary liability, may seek recourse from the developer or manufacturer. The same logic applies to local legislation in other regions, such as the "Jiangsu Province Road Traffic Safety Regulations" and the "Shanghai Pudong New Area Provisions on Promoting the Innovative Application of Driverless Intelligent and Connected Vehicles." Pursuant to Article 29 of the "Shanghai Pudong New Area Provisions on Promoting the Innovative Application of Driverless Intelligent and Connected Vehicles," where a traffic accident occurs during the innovative application of a driverless intelligent and connected vehicle, the traffic management department of the public security organ shall determine liability in accordance with relevant laws and regulations. If liability is to be borne by the intelligent and connected vehicle party in accordance with the law, the affiliated enterprise shall provide compensation in the first instance, and may subsequently seek recourse from the responsible automated driving system developer, vehicle manufacturer, or equipment provider. If compulsory motor vehicle traffic accident liability insurance or commercial insurance has been purchased, the matter shall be handled in accordance with the relevant provisions. In addition, data collected by the driverless intelligent and connected vehicle and the vehicle-road collaborative cloud control platform, after being verified as accurate by the traffic management department of the public security organ, may serve as the basis for determining traffic violations and liability for traffic accidents.

Overall, the current regulatory framework follows the existing law in "determining the liability of the parties." In the non-activated state, liability is assumed in accordance with current regulations. In the event of a traffic accident occurring while the autonomous driving system is activated, if compulsory motor vehicle traffic accident liability insurance and commercial insurance have been purchased, the matter shall be handled in accordance with relevant regulations. Where compensation is insufficient, the vehicle owner or manager shall bear primary liability. After bearing such primary liability, the vehicle owner or manager may seek recourse from the developer or manufacturer based on the actual fault circumstances.

III. Case Analysis and Allocation of Liability

In the "RoboTaxi Rapid Run" accident, the allocation of liability primarily involves the civil domain, and the proportion of liability to be borne is determined in accordance with the aforementioned principle of "determining the liability of the parties."

Pedestrian Liability: Where a pedestrian runs a red light, according to the provisions of the Road Traffic Safety Law of the People's Republic of China, the pedestrian shall bear primary liability. However, pursuant to Article 76 of the said Law, even if the motor vehicle party is not at fault, it shall still bear no more than 10% of the compensation liability, unless the accident was intentionally caused by the pedestrian.

Autonomous Vehicle Liability: Pursuant to relevant regulations such as the Implementation Guidelines for the Pilot Program on the Access and Road Operation of Intelligent Connected Vehicles (Trial), the Regulations of Shenzhen Special Economic Zone on the Administration of Intelligent Connected Vehicles, the Jiangsu Province Road Traffic Safety Regulations, and the Provisions of Shanghai Pudong New Area on Promoting the Innovative Application of Driverless Intelligent Connected Vehicles, for autonomous vehicles such as "RoboTaxi Rapid Run," in the event of a traffic accident: if the autonomous driving system has not been activated, liability shall be determined in accordance with regulations; if the autonomous driving system has been activated, and compulsory motor vehicle traffic accident liability insurance and commercial insurance have been purchased, the matter shall be handled in accordance with relevant regulations. Where compensation is insufficient, the vehicle owner or manager shall bear primary liability. After bearing such primary liability, the vehicle owner or manager may seek recourse from the developer or manufacturer based on the actual fault circumstances.

IV. Conclusion

The "RoboTaxi Rapid Run" incident once again reminds us that, in today's era of rapid autonomous driving technology development, the principle of "prioritizing safety" must be thoroughly implemented. Only by closely integrating technology with the law can the safety and popularization of autonomous driving technology be truly achieved, thereby providing the public with a more convenient and safer travel experience.