Legal Liability Analysis of Intelligent Driving Accidents – Shenzhen Lawyer's Interpretation

Recently, the Ministry of Transport issued a notice that during the 2025 “May Day” holiday, small passenger vehicles with seven seats or fewer (including seven seats) will continue to enjoy toll-free access to expressways. The free passage period will run from 0:00 on May 1 to 24:00 on May 5, a total of five days. The May Day holiday coincides with the golden season for tourism, and traffic from self-driving trips and visits to relatives and friends will increase significantly. Combined with the toll-free policy, expressways are expected to see a peak in short- and medium-distance self-driving travel, with network traffic operating at a high level.

I. A Painful Hotspot Accident as a Warning from Others

On the eve of April Fools’ Day, on the Chiqi section of the Dezhou-Shangrao Expressway (within the territory of Tongling, Anhui), news that three female university students were driving a certain internet-famous car when it crashed into a median barrier at high speed, causing the vehicle to catch fire, was reposted and hotly discussed by tens of thousands of self-media accounts. According to the official notice, at the time of the incident, the vehicle was traveling at 116 km/h when the road was diverted to the opposite lane due to construction. The intelligent driving system detected an obstacle and decelerated, but after the driver took over, the vehicle still struck a concrete guardrail at 97 km/h and caught fire after the collision. The three female university students in the vehicle died. After the accident, the families of the deceased spoke out online, calling on netizens to help repost, which triggered a large wave of doubts about the internet-famous car. Netizens focused on three major questions: Why was the intelligent driving system unable to avoid the collision? Why did the vehicle catch fire so rapidly? Why could the doors not be opened in time after the accident? For a time, various voices interwove, and the incident also became a topic of casual conversation. In life, when traveling, everything prospers with preparation and fails without it. In all things, success comes when there is preparation beforehand, and failure comes when there is none. One cannot live by luck.

II. Intelligent Driving Is Not a “Hands-Off Manager”; Safety First Is the True Way

1. Intelligent Driving: Intelligent driving is a comprehensive concept that covers driving methods that use multiple technological means, such as sensors, algorithms, and communications, to enhance the driving experience and safety of automobiles. Intelligent driving is not merely simple automated operation; it also includes interaction between the vehicle and the external environment (such as other vehicles and road facilities) as well as intelligent analysis of driving scenarios. Drivers need to remain alert, and the system may actively request takeover. Application scenarios: automatic lane changing, ramp merging, urban NOA (Navigate on Autopilot), and highway pilot driving. Technology is not omnipotent, and safety always remains in the hands of the driver. If used improperly, it can become a safety hazard. According to China’s Classification Standard for Automotive Driving Automation, intelligent driving for automobiles has six levels, from L0 to L5. L0-L2 are assisted driving and require full human supervision; L3-L5 gradually realize system leadership; L5 is fully unmanned driving.

2. Essential Conditions for Safely Activating Intelligent Driving

Pre-departure inspection: Confirm that sensors are clean and unobstructed. Familiarize yourself with function operations before activation.

3. Precautions During Driving:

(1) Keep both hands on the steering wheel and be ready to take over at any time.

(2) Keep your eyes on the road conditions and avoid distracted driving, such as using a mobile phone or looking down for a long time.

(3) Actively anticipate risks. For example, the system may be unable to steer accurately on large-curvature curves, so you need to slow down in advance and prepare to take over. In congested sections, even if automatic following is enabled, be alert to sudden braking by the vehicle ahead. For lane-changing and overtaking, the system may have delays in changing lanes, so it is recommended to manually confirm rear safety.

4. Response to Special Scenarios

(1) Construction sections: Slow down in advance and take over manually to pass.

(2) Severe weather: Turn off intelligent driving functions and switch to manual driving.

(3) Blurred or missing lane lines: The system may fail, and immediate takeover is required.

(4) If the system behaves abnormally, such as frequently deviating from the lane or mistakenly accelerating, press the brake or turn the steering wheel to exit intelligent driving.

5. Legal Regulation of Accident Liability

According to current regulations, liability for intelligent driving accidents still rests with the driver (L2/L3 levels). Excessive reliance on the system leading to an accident may result in insurance claim rejection or legal liability.

III. Safe Expressway Travel Should Be Done This Way

1. Pay Attention to Traffic Information and Travel Conveniently During Off-Peak Periods

For self-driving travel during the May Day holiday, pay attention to local traffic channel radio programs to learn in real time about expressway conditions across the province. When an accident or sudden vehicle breakdown occurs during driving, please remember the nine-character warning: pull over, evacuate, call the police immediately.

Pull over: If the vehicle can move, it should be quickly moved to the right emergency lane, then turn on the “double flashers” and place a warning sign more than 150 meters behind;

Evacuate: Regardless of whether the vehicle can move, drivers and passengers should not remain in the vehicle or linger on the expressway, and should quickly move to a safe area;

Call the police immediately: After evacuating to a safe area, immediately call the traffic accident alarm number 12122 for assistance.

2. Revere the Rules and Review the Old to Learn the New

★ Set the navigation in advance, and do not rush out in a hurry;

★ Accelerate first when merging into the main road;

★ Accelerate when changing lanes to overtake, and be sure to use turn signals. Do not block the car behind or force it to brake;

★ Try to choose the middle lane for driving;

★ Be wary of long downhill sections;

★ Maintain normal following distance. According to legal regulations: when speed exceeds 100 km/h, maintain a distance of 100 meters;

★ When passing ramp exits, drive in the left lane. To exit the expressway, change to the right lane more than 500 meters in advance;

★ Always keep the principle and awareness of safe driving in mind.

IV. Common Causes of Collisions with Fixed Objects in Traffic Accidents

The road traffic system is a dynamic composite system composed of people, vehicles, and roads/environment. According to foreign experts’ research on the degree of influence of various factors on road traffic accidents, human-related causes account for 93%-94%, vehicle-related causes account for 8%-12%, and road-related causes account for about 28%-34%. This shows that people are the key factor in accidents.

1. Excessive speed;

2. Slow discovery of obstacles, taking emergency evasive action, and sharply turning the steering wheel to dodge, causing the vehicle to change direction;

3. Emergency braking;

4. Lack of concentration while driving, including behaviors that affect safe driving such as making or answering handheld phone calls, watching videos, picking up or handing over items, lighting cigarettes, and eating;

5. Mechanical failure (brake failure, steering failure, tire blowout, etc.);

7. The impact of roads, time, and climate on safe driving;

8. Fatigue driving;

9. Insufficient safe sight distance;

10. The impact of the position of vehicles parked on the road and obstacles piled on the road surface on safe driving;

11. Failure to place or set warning signs for vehicles parked on the road and obstacles piled on the road surface, or placing or setting them in incorrect positions.

V. Safety Lawyer’s Reminder

The good swimmer drowns, the good rider falls; each is harmed by what he delights in. Safety prevention work is long and arduous, and every effort should be made to reduce “unexpected” people and “unimaginable” events. With persistent effort over time, one will arrive. Whether you have already become a truly experienced driver or are on the way to becoming one, in the face of safety, always maintain a mindset of reverence and humility. Here, the author hopes that every driver can always remain highly vigilant, abandon the mentality of relying on luck, and on the right road use the safest behavior to do the right thing, ensuring that while traveling, safety is both the foundation and the highest priority!

Motto: The wise are proficient in law, and the discerning value teachers. With a spirit of selflessness, seek depth in one’s profession.

Lawyer Li Zuolin, member of the Communist Party of China, lawyer practice certificate number: 14403202110325450. Specializes in criminal defense and work safety management. Since 2000, has worked at a certain government agency or public institution in Shenzhen. With more than 20 years of work experience in Shenzhen, has accumulated rich social connections and reputation. Skilled in corporate criminal crime prevention, work safety management, as well as administrative disputes, civil compensation, and other legal affairs. Currently serves as perennial legal counsel for multiple companies.