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Watch the wall! Xiaopeng Automobile suffered from "brake failure", how to determine the responsibility of car companies and drivers?

Watch the wall! Xiaopeng Automobile suffered from "brake failure", how to determine the responsibility of car companies and drivers?

(Source: Figureworm Creative)

Suspected "brake failure" accidents are frequently reported, car companies and drivers have encountered obstacles in the era of smart cars, and local laws and regulations have begun to try to provide norms.

Recently, some media reported that Mr. Xu, the owner of a Xiaopeng car in Beijing, said that on December 1, 2021, his father-in-law drove a P7 through the gate at the exit of the garage, and instantly rushed out of control and crashed into the wall.

According to the owner of the car to the media, the accident caused the rear passenger's right wrist fracture, the front of the car broke and collapsed, "when the accident occurred, the APP connected to my mobile phone did not have any fault prompts or even auxiliary alarms, and the intelligent functions promised by the sales at that time all disappeared." ”

The owner also said that after the accident, he had successively found the after-sales service, Xiaopeng Automobile official, consumer association, etc., and the response was that the auxiliary alarm was not reached because the threshold was not reached, and the third-party appraisal needed to repair the car first, or sue on their own.

Affected by this negative news, Xiaopeng Automobile's stock price closed down 4.09% at HK$105.4.

Watch the wall! Xiaopeng Automobile suffered from "brake failure", how to determine the responsibility of car companies and drivers?

In response, Xiaopeng Automobile said that it had analyzed the vehicle data according to customer requirements. When an accident occurs, the vehicle is in a fully electric gate acceleration state. After the traffic police on-site investigation, there were no brake marks at the accident site, which was consistent with the data analysis results.

However, Xiaopeng Motors said that the customer failed to recognize the analysis results, and questioned the vehicle's "abnormal acceleration", "brake failure" and "auxiliary driving function failure", and proposed to return the car or pay the new vehicle as a solution. According to all the verifiable information of the vehicle at present, Xiaopeng Automobile cannot draw the result of any quality problems in the vehicle, nor can it meet the customer's demand for returning and replacing the new car.

"We are willing to cooperate with customers to find qualified third-party testing agencies to test vehicle braking systems and meet the reasonable needs of customers as much as possible." At the same time, we also hope that customers will safeguard their own rights and interests within the scope permitted by law, and maintain objectivity and rationality in the release of speech in the process of rights protection, especially considering the irreparable adverse impact that unverified conclusions may cause to enterprises. Xiaopeng Motors said.

The problem of braking by new car-making forces has attracted much attention

Accidents suspected of "brake failure" have appeared in the public eye many times, involving car companies mostly new energy vehicle brands in recent years. Due to the outstanding performance of new energy vehicles in intelligent functions, the corresponding safety accidents have also attracted much attention.

According to public reports, Dongguan, Wuhan and other places have seen car owners question the "brake failure" of Xiaopeng's car, and Weilai has also seen similar accidents in the news. The most concerned is that a Tesla owner once accused the vehicle of "brake failure" at the Shanghai Auto Show, which is still in the process of judicial proceedings.

Smart cars have obstacles in detecting the cause of accidents, so they often lead to difficulties in determining liability. Zhang Xiang, an independent automotive analyst, told the Securities Times e Company reporter that the testing of fuel vehicles is relatively mature, and it also has the basis of perfection and regulations and standards. The principle of smart cars is different, adding a perception layer and a decision-making layer, and third-party agencies can only check whether the braking system, wiring harness and other components are working properly, but there is no way to start with the hardware and software systems of the decision-making layer.

Various controversies have forced car companies to increase the degree of data openness. Tesla said in May last year that it plans to build a data platform in China in 2021 for car owners to query vehicle driving data. Tesla opened up car accident data (EDR) to users in the United States as early as 2018, including information on the operation and safety status of the vehicle for a period of time before and after the collision.

Domestic on-board EDR equipment has not yet been popularized, and the "Automotive Event Data Recording System" released in 2020 requires all vehicles sold to be equipped with EDR recording equipment, which will be officially implemented on January 1, 2022. Zhang Xiang said that the domestic EDR loading ratio is about 15%, and some tools can be purchased to help read EDR, but some model data is not public.

In terms of regulations, some regions have begun to try first. For example, the "Shenzhen Intelligent Connected Vehicle Management Regulations" has passed the "third trial" of the Standing Committee of the Municipal People's Congress, and is expected to be promulgated within the year, and become the first regulation in China to regulate the management of intelligent and connected vehicles. The regulations clarify the main responsibilities of drivers, car companies, automatic driving system providers, etc., and will also establish a network security assessment and management mechanism in accordance with the law to prevent network data leakage, theft and tampering, maintain the integrity, security, confidentiality and availability of network data; prohibit illegal collection, processing, and use of personal privacy and information, and prohibit illegal collection of data involving national security.

(Editor-in-charge: Zhang Qianye)

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