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Tesla loses Autopilot wrongful death case in $329 million verdict

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  • Well, if only Tesla hadn't invested tens of millions into marketing campaigns trying to paint autopilot as a fully self driving, autonomous system. Everyone knows that 9 out of 10 consumers don't read the fine print, ever. They buy, and use shit off of vibes. False marketing can and does kill.

    I will repeat, regardless of what the (erroneous) claims are by Tesla, a driver is still responsible.

    This is like those automated bill payment systems. Sure, they are automated, and the company promotes it as "easy" and "convenient", but you're still responsible if those bills don't get paid for whatever reason.

    From another report:

    While driving, McGee dropped his mobile phone that he was using and scrambled to pick it up. He said during the trial that he believed Enhanced Autopilot would brake if an obstacle was in the way. His Model S accelerated through an intersection at just over 60 miles per hour, hitting a nearby empty parked car and its owners, who were standing on the other side of their vehicle.

    Isn't using a phone while being the driver of a vehicle illegal? And what the hell is was up with highway speeds near an intersection??? This dude can blame autopilot, but goddamn, he was completely negligent. It's like there were two idiots driving the same vehicle that day.

  • Good that the car manufacturer is also being held accountable.

    But...

    In 2019, George McGee was operating his Tesla Model S using Autopilot when he ran past a stop sign and through an intersection at 62 mph then struck a pair of people stargazing by the side of the road. Naibel Benavides was killed and her partner Dillon Angulo was left with a severe head injury.

    That's on him. 100%

    McGee told the court that he thought Autopilot "would assist me should I have a failure or should I miss something, should I make a mistake,"

    Stop giving stupid people the ability to control large, heavy vehicles! Autopilot is not a babysitter, it's supposed to be an assistive technology, like cruise control. This fucking guy gave Tesla the wheel, and that was a choice!

    You're missing the point. Calling a driving assistant an autopilot is the problem here. If a company is allowed to sell a vehicle, and it says it has autopilot, it would be reasonable to assume that it does and that it works properly - unless you have a basic understanding how car "autopilots" are implemented, which is more than you can expect from a layman.

  • Have you even read what happened? The driver dropped his phone and wasn’t watching the road but instead was rummaging around on the ground looking for his phone, while having his foot on the accelerator manually accelerating. Autopilot was supposedly turned off because of the manual acceleration.

    That text you italicized so proudly, is what Tesla CLAIMS happened. Did you know Tesla repeatedly told the court that they did not have the video and data that had been captured seconds before the crash, until a forensics expert hired by the PLAINTIFFS found the data, showing Tesla had it the entire time?

    Gee, why would Tesla try to hide that data if it showed the driver engaged the accelerator? Why did the plaintiffs have to go to extreme efforts to get that data?

    A jury of 12 saw that evidence, you didn't, but you believe Elon the habitual liar so hey, keep on glazin'.

  • Good that the car manufacturer is also being held accountable.

    But...

    In 2019, George McGee was operating his Tesla Model S using Autopilot when he ran past a stop sign and through an intersection at 62 mph then struck a pair of people stargazing by the side of the road. Naibel Benavides was killed and her partner Dillon Angulo was left with a severe head injury.

    That's on him. 100%

    McGee told the court that he thought Autopilot "would assist me should I have a failure or should I miss something, should I make a mistake,"

    Stop giving stupid people the ability to control large, heavy vehicles! Autopilot is not a babysitter, it's supposed to be an assistive technology, like cruise control. This fucking guy gave Tesla the wheel, and that was a choice!

    I dig blaming the people who wind up believing deceptive marketing practices, instead of blaming the people doing the deceiving.

    Look up the dictionary definition of autopilot: a mechanical, electrical or hydraulic system used to guide a vehicle without assistance from a human being. FULL SELF DRIVING, yeah, why would that wording lead people to believe the car was, you know, fully self-driving?

    Combine that with year after year of Elon Musk constantly stating in public that the car either already drives itself, or will be capable of doing so just around the corner, by the end of next year, over and over and over and

    Elon lied constantly to keep the stock price up, and people have died for believing those lies.

  • Have you even read what happened? The driver dropped his phone and wasn’t watching the road but instead was rummaging around on the ground looking for his phone, while having his foot on the accelerator manually accelerating. Autopilot was supposedly turned off because of the manual acceleration.

    U believe everything elon says.

  • I will repeat, regardless of what the (erroneous) claims are by Tesla, a driver is still responsible.

    This is like those automated bill payment systems. Sure, they are automated, and the company promotes it as "easy" and "convenient", but you're still responsible if those bills don't get paid for whatever reason.

    From another report:

    While driving, McGee dropped his mobile phone that he was using and scrambled to pick it up. He said during the trial that he believed Enhanced Autopilot would brake if an obstacle was in the way. His Model S accelerated through an intersection at just over 60 miles per hour, hitting a nearby empty parked car and its owners, who were standing on the other side of their vehicle.

    Isn't using a phone while being the driver of a vehicle illegal? And what the hell is was up with highway speeds near an intersection??? This dude can blame autopilot, but goddamn, he was completely negligent. It's like there were two idiots driving the same vehicle that day.

    Yes, of course the driver is at fault for being an idiot. And sadly, a shitton of drivers are idiots. Ignoring this fact is practically ignoring reality. You shouldn't be allowed to do false marketing as a company exactly because idiots will fall for it.

  • There’s no way this decision stands, it’s absolutely absurd. The guy dropped his phone and was looking down reaching around looking for it when he crashed. He wasn’t supervising autopilot, like you are required to.

    Dude, slow down, if you keep glazing Elon this hard, it's gonna start getting frothy.

    I guess the lesson is, if your car doesn't provide a system that can be used to guide the vehicle WITHOUT ASSISTANCE FROM A HUMAN BEING, then don't be an idiot and call it "AUTOPILOT"

  • Whether or not its the guys fault I'm just glad Elon is losing money.

    Hope he has to sell twatter at some point. Not that any good would come from that, but just the thought of him finally eating some shit makes me giggle.

  • That text you italicized so proudly, is what Tesla CLAIMS happened. Did you know Tesla repeatedly told the court that they did not have the video and data that had been captured seconds before the crash, until a forensics expert hired by the PLAINTIFFS found the data, showing Tesla had it the entire time?

    Gee, why would Tesla try to hide that data if it showed the driver engaged the accelerator? Why did the plaintiffs have to go to extreme efforts to get that data?

    A jury of 12 saw that evidence, you didn't, but you believe Elon the habitual liar so hey, keep on glazin'.

    Please read the article. I hate when people upvote bullshit just because it says things they like to hear. I dislike Elon Musk as much as anyone else, but the jury's findings were this:

    • The driver is ⅔ responsible for the crash because of his negligent driving.
    • The fact that the driver did in fact keep his foot on the accelerator was accepted by the jury.
    • The jury accepted that the driver was reaching for his cell phone at the time of the crash.
    • Evidence in court showed that the speed of the car was about 100 km/h. Keep in mind that this incident occurred in the Florida Keys where there are no high-speed expressways. I couldn't find info on where exactly this happened, but the main road in the area is US Route 1, which close to the mainland is a large four-lane road with occasional intersections, but narrows into a two-lane road for most of the distance.
    • The jury found Tesla ⅓ liable because it deemed that it had sold a faulty product. For international readers, in the US, a company that sells a product which is defective during normal use is strictly liable for resulting damages.
    • Obviously Tesla plans to appeal but it is normal for everyone to appeal in these sorts of cases. Many appeals get shot down by the appellate court.
  • Good that the car manufacturer is also being held accountable.

    But...

    In 2019, George McGee was operating his Tesla Model S using Autopilot when he ran past a stop sign and through an intersection at 62 mph then struck a pair of people stargazing by the side of the road. Naibel Benavides was killed and her partner Dillon Angulo was left with a severe head injury.

    That's on him. 100%

    McGee told the court that he thought Autopilot "would assist me should I have a failure or should I miss something, should I make a mistake,"

    Stop giving stupid people the ability to control large, heavy vehicles! Autopilot is not a babysitter, it's supposed to be an assistive technology, like cruise control. This fucking guy gave Tesla the wheel, and that was a choice!

    It is assistive technology, but that is not how tesla has been marketing it. They even sell a product called full self driving, while it's not that at all.

  • Whether or not its the guys fault I'm just glad Elon is losing money.

    Unfortunately, for companies like this, that would be just another business expense to keep things running.

  • Unfortunately, for companies like this, that would be just another business expense to keep things running.

    $329mm is a little more than a standard cost of doing business fine. That's substantially more than 80% of these companies get fined for causing huge amounts of damage.

  • This is gonna get overturned on appeal.

    The guy dropped his phone and was fiddling for it AND had his foot pressing down the accelerator.

    Pressing your foot on it overrides any braking, it even tells you it won't brake while doing it. That's how it should be, the driver should always be able to override these things in case of emergency.

    Maybe if he hadn't done that (edit held the accelerator down) it'd stick.

    I think the bigger issue is that Tesla might be diminishing the drivers impression of their vehicle responsibility with their marketing/presentation of auto pilot.

    I say that knowing very little about what it's like to use auto pilot but if it is the case that there are changes that can be made that will result in less deaths then maybe the guys lawyer has a point.

  • Absolutely. I hope he and the company burn in hell, but I do not want to start giving drivers who kill people a free pass to say "well, it was the car's fault!"

    "Autopilot", especially in Tesla cars, is beta software at best, and this feature should never have been allowed to be used on public roads. In that sense, the transportation ministry that's allowed it also has blood on their hands.

    Woo, both parties are terrible, irresponsible, and should be held accountable

  • It's not that simple. Imagine you're dying of a rare terminal disease. A pharma company is developing a new drug for it. Obviously you want it. But they tell you you can't have it because "we're not releasing it until we know it's good".

    This is, or was (thanks RFK for handing the industry a blank check), how pharma development works. You don't even get to do human trials until you're pretty damn sure it's not going to kill anyone. "Experimental medicine" stuff you read about is still medicine that's been in development for YEARS, and gone through animal, cellular, and various other trials.

  • Hope he has to sell twatter at some point. Not that any good would come from that, but just the thought of him finally eating some shit makes me giggle.

    Indeed, just the feeling of loss crossing his path would taste sweet for us peasants.

  • Which they have not and won't do. You have to do this in every condition. I wonder why they always test this shit out in Texas and California?

    I guess they just didn't want to admit that snow defeats both lidar and vision cameras. Plus the fact that snow covers lane markers, Street signs, and car sensors. People can adjust to these conditions, especially when driving locally. No self driving system can function without input.

  • Have you even read what happened? The driver dropped his phone and wasn’t watching the road but instead was rummaging around on the ground looking for his phone, while having his foot on the accelerator manually accelerating. Autopilot was supposedly turned off because of the manual acceleration.

    FreeDumbAdvocate serving Elon for free.

  • I think the bigger issue is that Tesla might be diminishing the drivers impression of their vehicle responsibility with their marketing/presentation of auto pilot.

    I say that knowing very little about what it's like to use auto pilot but if it is the case that there are changes that can be made that will result in less deaths then maybe the guys lawyer has a point.

    You gotta remember we're also back in 2019. Most of the talk back then was about what it was going to be able to do when FSD was ready, but no one got access to it until 2020 and that was a very small invite only group, and it lasted like that for years. I'd say the potential for confusion today is immensely more.

    I have used AP back then, and it was good, but it clearly made lots of little mistakes, and needed constant little adjustments. If you were paying attention, they were all easy to manage and you even got to know when to expect problems and take corrective action in advance.

    My \ the big beef with this case, is that he kept his food on the accelerator, and the car tells you while you do this, that it won't brake, and having your foot on the accelerator is a common practice, as AP can be slow to start, or you need to pass someone etc, so it's really unfathomable to think that the first time this guy ever did this, was when he decided to try and pick up his dropped phone, and thought, I should keep my foot on the accelerator while doing this! No amount of marketing, should be able to override "Autopilot will not brake. Accelerator pedal pressed" type active warnings with the screen pulsating some color at him. He knew about those warnings, without any doubt in my mind. He chose to ignore them. What more could you write in a small space to warn people it will not brake?

    That being said - The NHSTA has found that Tesla's monitoring system was lacking, and Tesla has had to improve on that because of that in recent times. People would attach oranges to the steering wheel to defeat the nag to pay attention type thing back then, but this goes well beyond that IMO. Even the current system won't immediately shut down if you decided to not pay attention for some reason, it would take time before it pulls itself over, but you might get a strike against future use where it will prevent you from using it again.

    Had his foot not been on the accelerator, this would have been a very different case had the accident still occurred (which is also still possible)

  • Considering the current trent I believe this is relevant

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  • Seo Execuitve

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    D
    Wait, we need compulsory ID checks to visit adult content but no checks with Chatgpt who is there to help you plan your suicide? We are about to face an epidemic of AI cat fishing, scams, and unhealthy relationships that corporations are pushing on us. This is like the Atomic bomb only with propaganda and psychological manipulation. The war for the human mind just got a shortcut and the Techbros are in charge.
  • We need to stop pretending AI is intelligent

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    dsilverz@friendica.worldD
    @technocrit While I agree with the main point that "AI/LLMs has/have no agency", I must be the boring, ackchyually person who points out and remembers some nerdy things.tl;dr: indeed, AIs and LLMs aren't intelligent... we aren't so intelligent as we think we are, either, because we hold no "exclusivity" of intelligence among biosphere (corvids, dolphins, etc) and because there's no such thing as non-deterministic "intelligence". We're just biologically compelled to think that we can think and we're the only ones to think, and this is just anthropocentric and naive from us (yeah, me included).If you have the patience to read a long and quite verbose text, it's below. If you don't, well, no problems, just stick to my tl;dr above.-----First and foremost, everything is ruled by physics. Deep down, everything is just energy and matter (the former of which, to quote the famous Einstein equation e = mc, is energy as well), and this inexorably includes living beings.Bodies, flesh, brains, nerves and other biological parts, they're not so different from a computer case, CPUs/NPUs/TPUs, cables and other computer parts: to quote Sagan, it's all "made of star stuff", it's all a bunch of quarks and other elementary particles clumped together and forming subatomic particles forming atoms forming molecules forming everything we know, including our very selves...Everything is compelled to follow the same laws of physics, everything is subjected to the same cosmic principles, everything is subjected to the same fundamental forces, everything is subjected to the same entropy, everything decays and ends (and this comment is just a reminder, a cosmic-wide Memento mori).It's bleak, but this is the cosmic reality: cosmos is simply indifferent to all existence, and we're essentially no different than our fancy "tools", be it the wheel, the hammer, the steam engine, the Voyager twins or the modern dystopian electronic devices crafted to follow pieces of logical instructions, some of which were labelled by developers as "Markov Chains" and "Artificial Neural Networks".Then, there's also the human non-exclusivity among the biosphere: corvids (especially Corvus moneduloides, the New Caleidonian crow) are scientifically known for their intelligence, so are dolphins, chimpanzees and many other eukaryotas. Humans love to think we're exclusive in that regard, but we're not, we're just fooling ourselves!IMHO, every time we try to argue "there's no intelligence beyond humans", it's highly anthropocentric and quite biased/bigoted against the countless other species that currently exist on Earth (and possibly beyond this Pale Blue Dot as well). We humans often forgot how we are species ourselves (taxonomically classified as "Homo sapiens"). We tend to carry on our biological existences as if we were some kind of "deities" or "extraterrestrials" among a "primitive, wild life".Furthermore, I can point out the myriad of philosophical points, such as the philosophical point raised by the mere mention of "senses" ("Because it’s bodiless. It has no senses, ..." "my senses deceive me" is the starting point for Cartesian (René Descartes) doubt. While Descarte's conclusion, "Cogito ergo sum", is highly anthropocentric, it's often ignored or forgotten by those who hold anthropocentric views on intelligence, as people often ground the seemingly "exclusive" nature of human intelligence on the ability to "feel".Many other philosophical musings deserve to be mentioned as well: lack of free will (stemming from the very fact that we were unable to choose our own births), the nature of "evil" (both the Hobbesian line regarding "human evilness" and the Epicurean paradox regarding "metaphysical evilness"), the social compliance (I must point out to documentaries from Derren Brown on this subject), the inevitability of Death, among other deep topics.All deep principles and ideas converging, IMHO, into the same bleak reality, one where we (supposedly "soul-bearing beings") are no different from a "souless" machine, because we're both part of an emergent phenomena (Ordo ab chao, the (apparent) order out of chaos) that has been taking place for Æons (billions of years and beyond, since the dawn of time itself).Yeah, I know how unpopular this worldview can be and how downvoted this comment will probably get. Still I don't care: someone who gazed into the abyss must remember how the abyss always gazes us, even those of us who didn't dare to gaze into the abyss yet.I'm someone compelled by my very neurodivergent nature to remember how we humans are just another fleeting arrangement of interconnected subsystems known as "biological organism", one of which "managed" to throw stuff beyond the atmosphere (spacecrafts) while still unable to understand ourselves. We're biologically programmed, just like the other living beings, to "fear Death", even though our very cells are programmed to terminate on a regular basis (apoptosis) and we're are subjected to the inexorable chronological falling towards "cosmic chaos" (entropy, as defined, "as time passes, the degree of disorder increases irreversibly").
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    erev@lemmy.worldE
    meanwhile i set a wait and save so i have time to finish getting ready and uber tells me it's already arrived.
  • How not to lose your job to AI

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    rikudou@lemmings.worldR
    A nice "trick": After 4 or so responses where you can't get anywhere, start a new chat without the wrong context. Of course refine your question with whatever you have found out in the previous chat.
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    Domain or azure ad join is what I'm used to, but for personal machines and friends/family I do local accounts.