Legal Liability Analysis of Intelligent Driving Accidents – Shenzhen Lawyer's Interpretation
The Ministry of Transport recently issued a notice stating that during the 2025 “May Day” holiday, passenger cars with seven seats or fewer (including seven seats) will continue to enjoy toll-free access on expressways. The free passage period will run from 0:00 on May 1 to 24:00 on May 5, totaling five days. The May Day holiday coincides with the golden season for tourism, and traffic from self-driving tours and family visits will see significant growth. Combined with the toll-free policy, expressways are expected to experience a peak in short- and medium-distance self-driving trips, with network traffic operating at high levels. I. A Painful Lesson: A High-Profile Accident On the eve of April Fools’ Day, on the Chiqi section of the Dezhou-Shangrao Expressway (within the jurisdiction of Tongling, Anhui Province), news of three female university students driving a popular internet-famous vehicle that crashed into a median barrier at high speed, causing the vehicle to catch fire, was shared and hotly debated by tens of thousands of self-media outlets. According to official reports, 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 upon impact. The three female university students in the vehicle died. After the accident, the victims’ families spoke out online, calling on netizens to help share their story, which sparked widespread questioning of the internet-famous car. Netizens focused on three major questions: Why did the intelligent driving system fail 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 intermingled, becoming a topic of casual conversation. In life, as in travel, preparation leads to success, and lack of preparation leads to failure. Doing anything well requires advance preparation; without it, failure follows. One cannot live by luck alone. II. Intelligent Driving Is Not a “Hands-Off” Affair: Safety First Is the Only Way 1. Intelligent Driving: Intelligent driving is a comprehensive concept that encompasses the use of various 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 infrastructure) as well as intelligent analysis of driving scenarios. Drivers must remain alert, as the system may proactively request that they take over. Application scenarios: automatic lane changing, ramp merging, urban NOA (Navigate on Autopilot), and highway pilot driving. Technology is not omnipotent; safety always remains in the hands of the driver. However, if used improperly, it can become a safety hazard. According to China’s Classification Standard for Automotive Driving Automation, intelligent driving is divided into six levels, from L0 to L5. L0-L2 are assisted driving, requiring full-time human supervision; L3-L5 gradually achieve system dominance; L5 is fully unmanned driving. 2. Essential Conditions for Safely Activating Intelligent Driving Pre-departure checks: 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 and avoid distracted driving, such as using a mobile phone or looking down for extended periods. (3) Actively anticipate risks. For example, the system may be unable to steer precisely on large-curvature curves, so you need to slow down in advance and prepare to take over. Even when automatic following is enabled in congested sections, be alert to sudden braking by the vehicle ahead. For lane-changing and overtaking, the system may experience delays in changing lanes, so it is advisable to manually confirm rear safety. 4. Handling Special Scenarios (1) Construction zones: Slow down in advance and take over manually to pass through. (2) Severe weather: Turn off intelligent driving functions and switch to manual driving. (3) Blurred or missing lane markings: The system may fail, requiring immediate takeover. (4) If the system behaves abnormally, such as frequently deviating from the lane or erroneously accelerating, press the brake or turn the steering wheel to exit intelligent driving. 5. Legal Regulation of Accident Liability Under 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 denial or legal liability. III. Safe Expressway Travel: How to Proceed 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 radio broadcasts to obtain real-time 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. Pull over: If the vehicle can be moved, promptly move it to the right emergency lane, then turn on the “hazard lights” and place a warning sign more than 150 meters behind; Evacuate: Regardless of whether the vehicle can be moved, 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: After evacuating to a safe area, immediately call the traffic accident alarm number 12122 for assistance. 2. Respect the Rules and Refresh Your Knowledge ★Set your navigation in advance, and do not rush out in a hurry; ★Accelerate first when merging onto the main road; ★Accelerate when changing lanes to overtake, and be sure to use your turn signal. Do not block the car behind you or force it to brake; ★Choose the middle lane for driving whenever possible; ★Be cautious on 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 principles 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 approximately 28%-34%. This indicates that people are the key factor in accidents. 1. Excessive speed; 2. Slow detection of obstacles, emergency evasion, 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 road, 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 Reminder from a Lawyer Those who are good at swimming may drown; those who are good at riding may fall. Each person’s fondness can instead bring disaster upon themselves. Safety prevention work is long and arduous, and we should strive to reduce both the people who “never expected it” and the things that “could not be imagined.” With persistent effort over time, progress will be achieved. Whether you have already become a truly experienced driver or are still 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 remain highly vigilant at all times, abandon any mentality of relying on luck, and on the right path take the safest actions to do the right things, ensuring that while on the road, safety comes first and safety is paramount! Motto: The wise excel in law; the discerning value mentorship. With a spirit of selflessness, pursue 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 extensive social connections and reputation. Skilled in corporate criminal crime prevention, work safety management, as well as legal affairs such as administrative disputes and civil compensation. Currently serves as permanent legal counsel for multiple companies.
