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this post was submitted on 27 Apr 2024
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But they'd get restitution through insurance. Even if nobody is going to jail, there will still be insurance claims.
I agree that there is nuance here, and I think it can largely be solved without a huge change to much of anything. We don't need some exec or software developer to go to jail for justice to be served, provided they are financially responsible. If the benefits truly do outright the risks, this system should work.
Tesla isn't taking that responsibility, but Mercedes seems to be. Drivers involved in an accident where the self-driving feature was engaged have the right to sue the manufacturer for defects. That's not necessarily the case for class 2 driving, since the driver is responsible for staying alert and needs to be in contact with the steering wheel. With class 3, that goes away, so the driver could legitimately not be touching the wheel at all when the car is in self-driving mode. My understanding is the insurance company can sue on their customer's behalf.
So the path forward is to set legal precedent assigning fault to manufacturers to get monetary compensation, and let the price of cars and insurance work out the details.
And that's where I'm aiming at... If Mercedes decides, like Ford did before them, that it's cheaper to pay out the insurance claims they lose instead of fixing their bugs then innocent people will have to die so Mercedes can keep up their profit margins.
That's exactly the point I'm trying to make
You seem to argue that, on the unproven premise that current AI is better than human drivers, we should let corporations test it out in the real world even if they are not criminally liable ever. For me, that's a bad deal.
Now, imagine we go down this rabbit hole... It's already 10x cheaper to lobby USA politicians to limit Mercedes liability than it would be for them to actually start paying wrongly death claims
In Texas, if you doctor shows up drunk for surgery and leaves you quadriplegic or kills you, the biggest liability exposure has been limited to 250k
I love tech and I do believe science, knowledge and the tech it can produce could improve our lives in unimaginable ways.... But as long as our approach to it continues to be profit over people, socialise the risk - privatize the profit and corporation being citizens in all aspects except liability, we will never get there
I'm arguing on the assumption that it is proven.
Until it's proven, the driver takes the responsibility if the corporation doesn't, and insurance costs should reflect that. There are reasons I don't own a car equipped with self-driving features, and this is one of the big ones, it's unproven.
We've gotten really far with prioritizing profit, but I agree that socializing the risk is a big problem. However, criminal acts generally require motive, so we're unlikely to see actual jail time without provable, malicious intent.
So I think we should do the next best thing: fine them. Increase the fines for each infraction in a given year until the problem is fixed. Force them to continue to improve.