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While we accept killing almost 100 people a day, every day with human driven cars.
For example a passenger in a car is not entitled to damages from the driver if the driver was taking unreasonable risks if the passenger was egging the driver on (Did not affirmatively complain about the driving).
The problem in law today is that we act like accidents do not happen. A good driver can have a wreck and have done nothing unreasonable. They should not be given a ticket and they should not be liable for damages, even if they hurt property or a person.
I don't disagree with you that our culture has become overly litigious. But I think that the same argument about definition creep can be applied to the word "accident" as well. Many try to pass off collisions caused by lapses in judgement as "accidents" when what has really happened is that the person has significantly raised the risk of a collision through poor decision-making. Do we place responsibility where responsibility lies or attempt to merely pass the incident off as something outside one's control?
It is impossible for any person or machine to constantly follow the law. Everyone blinks their eyes, has to watch multiple things and even a machine could not always follow the rules. For instance, ice, snow, sun, balls, deer, birds etc. will cause accidents and force drivers to not obey the law. It is exactly that sort of thinking that has allowed trial lawyers to create the present legal environment and has caused our insurance rates to skyrocket.
No one has a right to a risk free life. If you drive a car you assume some of the risk of that activity.
"It is impossible for any person or machine to constantly follow the law."
Only conscious beings can choose to violate law. Machines always follow the rules. They can do nothing else. You should know that both from your experience as a patent attorney and from Objectivism itself. If they "violate the law", they do so because a human built them as a tool to so do. Would you care to clarify your statement?
"No one has a right to a risk free life. If you drive a car you assume some of the risk of that activity."
I agree, but that does not give other drivers the right to escalate that risk through their inattention or poor decision-making. When an incident occurs, they must be held accountable and face the consequences of their decisions. I can not agree to a position that attempts to disassociate risk and reward (or failure).
While you have a point about choosing to violate the law, you know that you and other drivers violate the law all the time unconsciously. Second you are wrong that a machine can follow the law all the time. Control system are not perfect and I know that because of my engineering.
I agree that these incidents properly qualify as "accidents". However, as the studies show, these cases are the distinct minority rather than the majority of incidents. Errors of judgement do not fall within "reasonable prudence".
"you know that you and other drivers violate the law all the time unconsciously."
What actually happens is that people rationalize that certain discretionary adherence to the law is acceptable. Much of driving becomes semi-conscious only because of repetition of prior conscious action (with two daughters having learner's permits, this has become painfully obvious). If someone chooses to accustom themselves to selective obedience to the law, those actions at some point will become the default actions (aka habits) of the future. What they are actually doing, however, is arguing that only outside enforcement of the law makes it applicable, denying the personal responsibility to police and manage one's self. They deny that they own themselves.
"Control system are not perfect and I know that because of my engineering."
Which leads to an interesting question, however: If there is a collision instigated by a driverless car which is determined to be the result of an imperfect control system but still results in injury or death of a person, is that to be simply overlooked as an "accident" (your term) with no liability? I believe that this is precisely the legal issue at hand.
As usual.
I love watching as America strives to be the Most Risk-Free Environment On Earth.
And this Driverless Car "debate" is the latest and possibly best example ever.
Enjoy the show.
That was my thought exactly.
Then "nobody has to pay for it," right?
I'm sure Bernie would support that... Probably Hillary, too.
We don't have to think of that in advance. Google and the others are gathering that data now and adjusting their algorithms based on their encounters with the erratic public.
If all cars were autonomous, one car could expect some sort of standardized response to situations
Jan won a bet with me on this. I used to bet that the algorithm for a self driving car was too hard and we would build "smart" roads that would guide cars first. Obviously she won.
The key is computer learning. While one car is autonomous, they will be able to update their algorithms regularly. While we sleep our cars will be exchanging stories "You won't believe what happened to me today..."
Google is actually seeking gov't direction to choose their designs and concepts of self driving cars to fit some idea of cars that few of their people use or rely on. They're socialists and environmentalists.
Me, I like to drive and in 58 years of doing so all over this nation, I've never wrecked an auto or hit anything else. I have been hit from the rear three times at stops.
Besides we are not getting any younger and at some point it will not be safe for us to drive, but we could use a driverless car
Driverless cars don't have to be perfect. They just need to be better than humans
https://youtu.be/z9kUbzwbU1M
When taking those same horses a good distance in my horse trailer, I would dread being in an automatically controlled towing vehicle. It takes a bit of psychology to understand that the car behind you is probably going to pass in a no-passing zone and pull in front of your truck as you are attempting to stop for traffic ahead.
I avoided that accident by doing what the passing vehicle had just done, and moving my rig into the oncoming-traffic lane, which happened to be empty. What would the autonomous-control towing vehicle do?
Will the new autonomous vehicles be able to sense the horse-drawn vehicles on the roads of Indiana, Ohio, or Pennsylvania? Will the Amish need to adopt some sort of set of radar reflectors in self defense?
This is true of any new technology. It's true of IoT. Very some combination of human error and automated devices will kill someone. Maybe it will be an app error turning on the stove by accident on a phone app in a distant city.
I say let NHTSA handle the whole thing.
"The article concludes that jurists on the whole possess poor,
increasingly outdated views about robots and hence will not be well
positioned to address the novel challenges they continue to pose."
It's on my cloud drive here: https://www.amazon.com/clouddrive/sha... ) and also says it is at http://ssrn.com/abstract=2737598
i have driven cars for over 50 years, flown airplanes for over 40 years, and am yet to be the cause of an accident...90% of what i do is to focus on driving and flying defensively to stay safe...and i am down to one good eye...
Once they have picked up that skill and then travel elsewhere, will automated "Boston driving" spread as an infection throughout the US? I have heard that only Brazilian and French drivers can possibly be worse.
.
The reality is that the bureaucrats in the DOT who have been thinking in a well-established tradition about automobiles are fearful of their ability to adjust to the changes required for dealing with real "auto" mobile transportation. The same entrenched civil servants have been refusing to permit automated aircraft landings, when the technology to operate autonomously has been built into passenger aircraft for more than a decade. Several serious aircraft crashes in recent years have been as a result of pilots overriding landing systems and causing the incidents.