Tesla driver arrested for homicide after running over motorcyclist on Autopilot
electrek.co
electrek.co
But Tesla is not blameless with their marketing "Autopilot", "Full self driving", blah blah, giving people a false sense of security. I can't think of a worse problem to try and solve with AI. GPT hallucinates and gives a wrong fact. No biggie, but annoying. Tesla FSD hallucinates and runs over a child, a biggie.
The driver is criminally liable to the estate of the young man he killed. Tesla may be liable for money damages to the driver they misled. (Maybe the estate also has a civil claim on Tesla if they can show its marketing was grossly negligent.)
It’s certainly not hard to make the case for either, especially given Tesla’s apparent inaction after a number of people have died while Autopilot is active and a number of accidents have occurred while Autopilot is active. Cf the Crumbleys: https://www.bbc.com/news/world-us-canada-68223118
Also a pedantic point: the driver is civilly liable to the estate. Criminal charges (and hence criminal liability) can only be brought by the state.
I'm not. But it would be precedent setting. Given this case has the driver admitting to cops that he was distracted in a way Tesla's user manual presumably tells you not to be, I'm not sure I'd start here.
> pedantic point: the driver is civilly liable to the estate
You're right, I was being loose with my words.
[1] https://pro.bloomberglaw.com/insights/litigation/contributor...
This situation is the opposite of that, because multiple people were knowingly reckless.
Edit: By "multiple people" I mean the driver and Elon.
https://en.wikipedia.org/wiki/Joint_and_several_liability
If we're talking about tort law, then yes, damages are measured in dollars. And those damages are absolutely subject to rules about how they are split when multiple people are liable.
If we're talking about crimes, then "percent of blame" is nonsensical. There is no percent liability for a crime, you either are guilty or you are not.
FSD is not Autopilot.
FSD does a pretty good job of pedestrian and cyclist identification. It’s supposed to.
Autopilot (which is what I use most)… I dunno… I’ve never had a problem in SF, LA, or Vegas.
Great question. I don’t know if they are different.
FSD is asked to do way more than AP… that’s all I’m certain of.
I've stopped using it unless I'm the only person on the road.
That was my original experience. It was so bad that I strongly recommended people not get it.
That said, the new FSD update (supervised beta) has been super smooth both on the interstate and in town for me. Have you tried it?
I always want Tesla to test their systems in a European urban center, see how they deal with tourists and trams set in picturesque 19th century streets.
Holy shit, yes. And a bunch of other crazy pedestrian shit.
I mean, it’s not a biking Mecca or anything, but cars and trucks aren’t your only concern in Vegas.
SF sort of takes the cake of those three, with cyclists, one wheelers, scooters, pedestrians, and folks who are flying on something that they only experience. I’ve done AP there on certain streets (esp. with stop and go traffic) with no problem.
The peripheral areas of greater LA also have lots of non-auto traffic to deal with.
[1] https://en.m.wikipedia.org/wiki/Las_Vegas_Convention_Center_...
Neither FSD nor AP will be allowed to turn on or stay on in these conditions.
"Tesla will unveil a robotaxi on August 8, according to Musk" - https://www.engadget.com/tesla-will-unveil-a-robotaxi-on-apr...
Sometimes also a biggie: https://www.vice.com/en/article/pkadgm/man-dies-by-suicide-a...
We are just too primitive/traditional to understand.
Anyway, after 6 month health issue, I will literally laugh at people who think there is some value in enduring pain. Children.
If progress for automobiles is that it has to be perfect (and not just better) then the only answer is to use automobiles less or have stricter training standards for drivers.
I do think there needs to be strong proof that it is better to avoid liability. And I agree Tesla's marketing is bad and should make Tesla liable.
Article says Autopilot was engaged, not FSD. You can't just check out after engaging autopilot on a plane.
Tesla and similar obviously are not pushing to take on that liability, courts/legislatures aren't particularly interested in putting that liability on the manufacturers. So that leaves the drivers to try and offload the liability from themselves.
Unfortunately drivers are not particularly well equipped to be pushing that liability off themselves so there it stays. Insurance companies are better equipped for that sort of thing but they're only interested in the financial liability. The criminal liability, is definitely not going anywhere anytime soon.
It's premature to conclude this. We don't have enough real-world cases off which to construct a framework.
> Insurance companies are better equipped for that sort of thing but they're only interested in the financial liability
Even this hasn't been cleanly severed in any competent jurisdiction.
Precisely, it's premature to conclude that anybody but the driver is at fault. Until a sufficient body of law has been built towards the alternative it will remain by default with the driver.
But, if the car literally didn't see a person in front of it (where reasonably a human would 99.9999% of the time) because it's cameras malfunctioned or the LLM read it as something else, then those cars should not be on the road.
AI will always behave differently to human cognition, we should expect them to have different illusions and different failure cases. That doesn’t mean worse, if they perform better than a legal human driven car on average then I don’t think there’s a justification to exclude them.
That said, they will probably have to be _significantly_ better than human drivers in order to survive the media and public perception, so this might be irrelevant in the end.
It is amazing and useful, and assuredly makes me a better driver than I am without it.
I am begoggled at the scolds who think the "deceptive" branding contained _in a single word_ is sufficient to override the lived experience of driving with this fantastic (if flawed?) tool.
In the article they do clarify it is "vehicular homicide" which is the same thing as "vehicular manslaughter" legally.
A very serious crime, though often times people walk away with this with little or no jail time.
I can certainly think of a time when I was driving when I missed another car in my blind spot and almost caused an accident, or when I saw someone in a car distracted by a toddler, or similar. Those didn't lead to accidents, but they might have if someone were less lucky.
There's a range of ways a car can kill people, ranging from driving through a red light at 100MPH, to an illegal U-turn, to making a stupid mistake, to a completely random fluke of circumstance.
On one end of the spectrum, there should be prison time, and regardless of whether an accident happens. On the other end, insurance should pay damages, but I'm not sure what good the criminal system can do in terms of deterrence.
If a driver is already doing their best to be safe, but slips up, or even isn't doing their best but isn't being unreasonable, criminal penalties don't seem like the right outcome.
As much as it's absolutely the driver's fault, it's also an inevitable accident.
Wrongful death is about $500k-$1M (but should be higher). Tesla market cap is $500B. Damages for O(one million people) are equal to Tesla's market cap, so this is not even bad for business; it's simply factoring in externalities into the cost of doing business.
A good split might be criminal system for the driver (which ranges from fines to prison time, and is designed to be punitive), and civil system for Tesla (which is only financial, but designed to cover the financial cost of the death to the family).
I really wish every single death ended up splitting a fine amongst all companies even tangentially involved.
Grandma fell down the stairs and died? Well fine the architect who designed those stairs, and the builder who built them.
Sure, all those companies will pass the cost back to the consumer, but the government will pass the fine revenue back to the consumer in the form of reduced taxes.
Ends up net zero overall, but everyone now has a real incentive to look out for the health and safety of others.
- Unsafe product is shipped
- Damage is done
- Someone pays for it (ultimately the consumer)
The difference is that if the consumer directly pays for it, companies have every incentive to make unsafe products, and those costs are very, very high.
If the companies pay for it, the free hand of capitalism steps in, and optimizes such that any safety measures where expected returns are positive are implemented (and those where expected returns are negative, not).
If a death costs $1M, and I can do a safety measure which reduces odds of death by 0.01% for $100, it's cost-neutral. If that same measure costs $50, an efficient business will implement it. If it costs $200, it won't.
That allows global optimization. By setting the price of death, you can have a set point for what safety measures will be taken, the system optimizes adequately well, and deaths go down, so fewer costs are passed back.
Adopting Lidar would of course provide Tesla with higher-quality input for their self-driving model. But the quality of the input isn't the whole equation; you need to process it as well. In other words, adopting Lidar would incur costs not only on the hardware side, but also on the software side, which of course would result in more expensive cars. More expensive cars means less cars sold, and less cars sold means less data, which in turns means less input.
Does this result in a worse model? Again, I don't know, but I do know that the issue is more complicated (and not only because of the reasons I mentioned here) than many people seem to think.
Is this sarcasm?
More details on the homicide here[1], which shows the crash happened during daylight hours and the bike resembles a sport bike. This is a different condition than my referenced video (night collisions with cruiser-style motorcycles), but I suspect similar incorrect assumptions by Tesla vision happened.
[0]https://www.youtube.com/watch?v=yRdzIs4FJJg
[1] https://www.king5.com/article/traffic/traffic-news/tesla-on-...
Would be interesting to know how commonly this workaround is applied by Tesla owners. If this is common enough it seems like a case where a feature that's merely unreliable becomes a safety issue due to second-order effects. Echoes of Therac 25[1].
What a fool...
In this case in resolving do the people behind the vehicle share some of the blame.
An excerpt from: https://www.forbes.com/sites/rahulrazdan/2020/01/07/horses-e...
>How does the legal system adapt to new technologies? Generally, this is done by constructing new legal theories that should not conflict with older models and also have characteristics of stability and rationality. What might be the potential legal theories for Autonomous Vehicles? Here are the current candidates:
>Negligence: Today, a typical example includes impaired driving. An impaired AV? >Negligent Entrustment of Vehicles: Here the driver was negligent, but the owner is liable because they should not have trusted the driver. Can you be found negligent if you trust your Tesla AutoDrive? >Res Ipsa Loquitur: In this theory, (“the thing that speaks for itself”) the accident would not have occurred if not for some action from the plaintiff. By applying this logic, the plaintiff caused the accident because they became startled by an AV homing features because it was surprising. >Product Liability and Warranty: Are there implied warranties associated when you buy an AV? Can it be proven that some AV vendors are safer than others? If so, do all AV vendors have to come to some standard ?
>At this point, it is not clear which theory may apply. However, we may gain insight from a very old body of law — Equine Law. Horses were the original autonomous vehicles and for many centuries, the court system had to deal with horse-related accidents.
And while probably not applicable a guy texting, an earlier paper from 2012 which explores an interesting aspect about horses in a frightened state which is akin to the vehicle making its own decision in a crisis scenario:
"Of Frightened Horses and Autonomous Vehicles: Tort Law and its Assimilation of Innovations"
https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?artic...
(edit) I see that the article included that FSD is 5x safer than humans, which may be valid.
The article then said : "However, the only reason it is safer than the US average is that it is supervised by drivers who ideally pay extra attention when using FSD."
I am positive that they had zero data to back that assertion.
* Generally newer than average.
* Generally owned by more affluent drivers than average.
* Probably used predominantly in urban areas instead of rural ones (to be clear this might unfairly tilt the stats against Tesla thanks to the highway thing).
I'm not sure I've seen a good "apples to apples" comparison on this that corrects for these confounding factors.
People look at their phones while driving with and without autopilot.
If we had better aggregate stats we could compute the statistical likelihood of it, but this stuff isn't tracked anywhere near as closely or completely as, say, aircraft accidents. I don't trust Tesla's self-reported cherry-picked stats.
It's also entirely self-reported, which given that they've knowingly lied about range, is itself a bit concerning... https://www.reuters.com/investigates/special-report/tesla-ba...