• Hux@lemmy.ml
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    2 months ago

    This reminds me of that Chinese law about being personally responsible for all medical debts of a person you run over—incentivizing killing the person, rather than injuring them.

  • KillingTimeItself@lemmy.dbzer0.com
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    2 months ago

    this is funny and all, but it doesn’t matter what you’re doing here, you’re technically liable for all of them so uh.

    I’ll wait for a better version of this.

  • bufalo1973@lemmy.ml
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    2 months ago

    The funny part will be one the car doesn’t have a driver and is full autonomous. If the car kills someone, who’s to blame?

      • bufalo1973@lemmy.ml
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        2 months ago

        It’s not the same. When you have a dog you use a leash and, if needed, you can restrain the mouth.

        In this case you are not in control. And you can’t be. You are just a passenger. And you should have the same responsibility as a passenger in a train: none.

        • boatsnhos931@lemmy.world
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          2 months ago

          I didn’t know about your parameters. I would think your example pushes it home, no car should ever be fully autonomous and should have a “leash” that a human could “restrain” the car with if necessary. Is no good?

    • Schadrach@lemmy.sdf.org
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      2 months ago

      You treat it like any other traffic accident, except if a self driving car is responsible, that responsibility lies with the vehicle’s owner.

      • Wogi@lemmy.world
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        2 months ago

        It would have to be the manufacturer.

        If someone steals your car and kills someone with it, then disappears without ever being identified, the car owner doesn’t assume liability. Liability falls on whoever was operating it at the time. If software was driving, then the software company assumes the liability.

        • explodicle@sh.itjust.works
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          2 months ago

          But you bought the driverless car and turned it on. You never agreed to the thief’s joyride. Where do you draw the line for “operation” - like operating a steering-assist car, or operating a Roomba?

        • Schadrach@lemmy.sdf.org
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          2 months ago

          Doubt it. I mean, any self driving car is going to make the driver agree to responsibility for what the car does and ensure the user has a manual override available just in case.

          No company is going to ship fully autonomous driving software (for example to have fully autonomous driverless taxis) without contractually making the fleet owner responsible for their fleet cars.

    • Glytch@lemmy.world
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      2 months ago

      The company that rented it to you, because fully self-driving cars won’t be for private ownership, they’ll just replace rideshare drivers.

      • explodicle@sh.itjust.works
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        2 months ago

        Who’s to say that will be immediate? Many people won’t be quick to abandon their guaranteed-available vehicle, especially while every house and employer has parking.

                • Sizzler@slrpnk.net
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                  2 months ago

                  Ok so ten years then. In that time nearly all average family cars will be smart. They will have self-driving (they can come pick you up). Will have a few years of insurance claims and premiums showing they are not responsible for 99% of crashes and insurance will react accordingly pushing up the insurance of the last holdouts so far that it becomes uneconomical for the average person to drive “manual”.

    • supercriticalcheese@lemmy.world
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      2 months ago

      Whichever was at fault is my non-lawyer opinion.

      What kind of penalty you apply to a self driving car guilty for causing an accident is a good question though.

  • Dr. Moose@lemmy.world
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    2 months ago

    Even with autopilot I feel it’s unlikely that driver would not be liable. We didn’t have a case yet but once this happens and goes higher to courts it’ll immediatly establish a liability precedence.

    Some interesting headlines:

    So I’m pretty sure that autopilot drivers would be found liable very fast if this developed further.

    • stom@lemmy.dbzer0.com
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      2 months ago

      You’re still in control of the vehicle, therefore you’re still liable. Like plopping a 5 year old on your lap to drive while you nap, if they hit people it’s still your fault for handing over the control to something incapable of driving safely while you were responsible for the vehicle.

      • Norodix@lemmy.world
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        2 months ago

        But a reasonable person would not consider a child capable of driving. An “extremeley advanced algorithm that is better and safer than humans and everyone should use it” is very different in this case. Aftet hearing all the stupid fluff, it is not unreasonable to think that selfdrivong is good.

        • stom@lemmy.dbzer0.com
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          2 months ago

          Teslas own warnings and guidance assert that drivers should remain ready to take control when using the features. They do not claim it is infallible. Oversight and judgement still need to be used, which is why this argument wouldn’t hold up at all.

          • LovesTha🥧@floss.social
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            2 months ago

            @stom @Norodix Pity Tesla hasn’t taken reasonable precautions to ensure the driver is driving.

            It isn’t unreasonable to have customers expect the thing they were sold to do the thing they were told it does.

    • SkyezOpen@lemmy.world
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      2 months ago

      They’re most likely liable. “FSD” is not full self driving, it’s still a test product, and I guarantee the conditions for using it include paying attention and keeping your hands on the wheel. The legal team at tesla definitely made sure they weren’t on the hook.

      Now where there might be a case for liability is Elon and his stupid Twitter posts and false claims about FSD. Many people have been mislead and it’s probably contributed to a few of the autopilot crashes.

    • SinJab0n@mujico.org
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      2 months ago

      It was possible to let Musk dealt with his own mess before, but after the last demands for false advertisement they changed the wording from “fully automated” to “assisted driving”, and now even the manuals says;

      "dude, this is some fucky woocky shit, and is gonna kill u and everyone involved if u let us in charge. So… Pls be always over the edge of ur seat ready to jump! We warned u (even if we did everything to be as misleading as possible), u can’t pass us the bill, nor sue us now.

      K, bye."

      So yeah, they ain’t liable anymore.

    • dejected_warp_core@lemmy.world
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      2 months ago

      I am not a lawyer.

      I think an argument can be made that a moving vehicle is no different than a lethal weapon, and the autopilot, nothing more than a safety mechanism on said weapon. Which is to say the person in the driver’s seat is responsible for the safe operation of that device at all times, in all but the most compromised of circumstances (e.g. unconscious, heart attack, taken hostage, etc.).

      Ruling otherwise would open up a transportation hellscape where violent acts are simply passed off to insurance and manufacturer as a bill. No doubt those parties would rush to close that window, but it would be open for a time.

      Cynically, a corrupt government in bed with big monied interests would never allow the common man to have this much power to commit violence. Especially at their expense, fiscal or otherwise.

      So just or unjust, I think we can expect the gavel to swing in favor of pushing all liability to the driver.

      • Hagdos@lemmy.world
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        2 months ago

        Making that argument completely closes the door for fully autonomous cars though, which is sort of the Holy grail of vehicle automation.

        Fully autonomous doesn’t really exist yet, aside from some pilot projects, but give it a decade or two and it will be there. Truly being a passenger in your own vehicle is a huge selling point, you’d be able to do something else while moving, like reading, working or sleeping.

        These systems can probably be better drivers than humans, because humans suck at multitasking and staying focused. But they will never be 100% perfect, because the world is sometimes wildly unpredictable and unavoidable accidents are a thing. There will be some interesting questions about liability though.

    • Biyoo@lemmy.blahaj.zone
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      2 months ago

      Autopilot turns off before collision because physical damage can cause unpredictable effects that could cause another accident.

      Let’s say you run into a wall, autopilot is broken, the car thinks it needs to go backwards. You now killed 3 more people.

      I hate Elon Musk and Teslas are bad, but let’s not spread misinformation.

      • Programmer Belch@lemmy.dbzer0.com
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        2 months ago

        It seems reasonable for the autopilot to turn off just before collission, my point was more in the line of “You won’t get a penny from Elon”.

        People who rely on Full Self Driving or whatever it’s called now, should be liable for letting a robot control their cars. And I also think that the company that develops and advertises said robot shouldn’t get off scot-free but it’s easier to blame the shooter rather than the gun manufacturer.

        • Biyoo@lemmy.blahaj.zone
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          2 months ago

          Yeah I agree. Both parties should be liable. Tesla for their misleading and dangerous marketing, drivers for believing in the marketing.

    • UndercoverUlrikHD@programming.dev
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      2 months ago

      Autopilot turns off because the car doesn’t know what to do and the driver is supposed to take control of the situation. The autopilot isn’t autopilot, it’s driving assistance and you want it to turn off if it doesn’t know what it’s should do.

        • UndercoverUlrikHD@programming.dev
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          2 months ago

          Sure, what meant though was that Tesla doesn’t have self driving cars the way they try to market it as. They are no different than what other car manufacturers got, they just use a more deceptive name.

  • samus12345@lemmy.world
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    2 months ago

    Strange to assume that swerving will definitely kill one of them. What if you swerve off the road, or slam on the brakes? The reason the trolley problem works is that it’s on rails and you’re not operating it.

    • Honytawk@lemmy.zip
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      2 months ago

      The Trolley problem is just a hypothetical situation with only 2 options.

      It being on rails just ads flavour, it doesn’t matter. You can’t choose anything else.

    • voldage@lemmy.world
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      2 months ago

      That’s because it’s a Tesla car, silly. It only allows for minimalization of victims down to a minimum of one. I’ve heard that newer models have a perdiction module, that will deploy a rear mounted gun and shot down any survivors in case of narrowly avoided car crash. The seat still does devour the driver if that happens though, for some legacy backwards compatibility reasons. As for the disembodied Voice that recites all your sins and threatens you to reveal them to the public should you NOT take the wheel and kill those people yourself, it’s apparently in spanish as well now. Such an age of wonders.

  • DNOS@lemmy.ml
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    2 months ago

    Immagino having a car that doesn’t pretend to drive herself but it’s enjoyable to drive, a car that doesn’t pretend to be a fucking movie because it’s just a car, a car without two thousands different policies to accept in wich you will never know what’s written but a car that you will be able to drive even though you decided to wear a red shirt on a Thursday morning which in you distorted future society is a political insult to some shithead CEO, a car that you own not a subscription based loan ,a car that keeps very slowly polluting the environment instead of polluting it with heavy chemicals dig up from childrens while still managing to pollute in CO2 exactly the same as the next 20 years of the slow polluting one not to mention where the current comes from, a car that will run forever if you treat it well and with minor fixes with relative minor environment impact and doesn’t need periodic battery replacement which btw is like building a new vehicle … This are not only a critical thoughts about green washing but are meant to make you reflect on the different meanings of ownership in different time periods

    And yes I will always think that all environmentalists that absolutely needs a car should drive a 1990s car, fix it, save it from the dump fields and drive it till it crashes into a wall …

    • SinJab0n@mujico.org
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      2 months ago

      Imagine not being forced to need a car at all.

      Imagine being able to just sit down, watch memes, read something, watch a movie, maybe take a nap, or even take advantage of the journey and get ahead some tasks on ur way to our jobs.

      Imagine being able to eat dinner on ur way home if our daily commute is kinda long, woldn’t that be a dream?

      Brothers, sisters, lets get some trains in our lives.

      • DNOS@lemmy.ml
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        2 months ago

        Totally agree…
        The dream would be to see them arriving on time , maybe clean ( not from Graffiti I’m a huge fan I mean from trash… )z I don’t know about other places in the world but we definitely need more especially during peak hours and the Infostructure should be in the state hands not in the monopoly of a single private low paying dickhead … (We regularly have a strike almost every Friday since my parents were born)…

        • SinJab0n@mujico.org
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          2 months ago

          Where r u from my friend? Even ours in the 3rd world ain’t that bad, actually they r really reliable (and clean), our usual demands its more lines

          • DNOS@lemmy.ml
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            2 months ago

            Italy we probably have the worst local train system… The long distance ones are actually better … Maybe are my standards you know people keep wanting more…

  • Sibbo@sopuli.xyz
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    2 months ago

    Reminds me of the Chinese issue: you run over someone, but they are likely not dead. Will you save their life but accept having to pay for whatever healthcare costs they have until they are recovered? Or will you run over them again, to make sure they die and your punishment will be a lot lighter?

    • marcos@lemmy.world
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      2 months ago

      I think that’s the point. There’s a follow-up about killing the people tying others to the rails that fits.