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Tesla loses Autopilot wrongful death case in $329 million verdict

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  • Not to defend Tesla here, but how does the technology become "good and well ready" for road testing if you're not allowed to test it on the road? There are a million different driving environments in the US, so it'd be impossible to test all these scenarios without a real-world environment.

    How about fucking not claiming it's FSD and just have ACC and lane keep and then collect data and train on that? Also closed circuit and test there.

  • Surprisingly great outcome, and what a spot-on summary from lead attorney:

    "Tesla designed autopilot only for controlled access highways yet deliberately chose not to restrict drivers from using it elsewhere, alongside Elon Musk telling the world Autopilot drove better than humans," said Brett Schreiber, lead attorney for the plaintiffs. "Tesla’s lies turned our roads into test tracks for their fundamentally flawed technology, putting everyday Americans like Naibel Benavides and Dillon Angulo in harm's way. Today's verdict represents justice for Naibel's tragic death and Dillon's lifelong injuries, holding Tesla and Musk accountable for propping up the company’s trillion-dollar valuation with self-driving hype at the expense of human lives," Schreiber said.

    You understand that this is only happening because of how Elon lost good graces with Trump right? If they were still "bros" this would have been swept under the rug, since Trumps administration controls most, if not all high judges in the US.

  • I'm kinda torn on this - in principle, not this specific case. If your AI performs on paar with an average human and there is no known flaw at fault, I think you shouldn't be either.

    I think that's a bad idea, both legally and ethically. Vehicles cause tens of thousands of deaths - not to mention injuries - per year in North America. You're proposing that a company who can meet that standard is absolved of liability? Meet, not improve.

    In that case, you've given these companies license to literally make money off of removing responsibility for those deaths. The driver's not responsible, and neither is the company. That seems pretty terrible to me, and I'm sure to the loved ones of anyone who has been killed in a vehicle collision.

  • Well, the Obama administration had published initial guidance on testing and safety for automated vehicles in September 2016, which was pre-regulatory but a prelude to potential regulation. Trump trashed it as one of the first things he did taking office for his first term. I was working in the AV industry at the time.

    That turned everything into the wild west for a couple of years, up until an automated Uber killed a pedestrian in Arizona in 2018. After that, most AV companies scaled public testing way back, and deployed extremely conservative versions of their software. If you look at news articles from that time, there's a lot of criticism of how, e.g., Waymos would just grind to a halt in the middle of intersections, as companies would rather take flak for blocking traffic than running over people.

    But not Tesla. While other companies dialed back their ambitions, Tesla was ripping Lidar sensors off its vehicles and sending them back out on public roads in droves. They also continued to market the technology - first as "Autopilot" and later as "Full Self Driving" - in ways that vastly overstated its capabilities. To be clear, Full Self Driving, or Level 5 Automation in the SAE framework, is science fiction at this point, the idea of a computer system functionally indistinguishable from a capable human driver. Other AV companies are still striving for Level 4 automation, which may include geographic restrictions or limitations to functioning on certain types of road infrastructure.

    Part of the blame probably also lies with Biden, whose DOT had the opportunity to address this and didn't during his term. But it was Trump who initially trashed the safety framework, and Telsa that concealed and mismarketed the limitations of its technology.

    You got me interested, so I searched around and found this:

    So, if I understand this correctly, the only fundamental difference between level 4 and 5 is that 4 works on specific known road types with reliable quality (highways, city roads), while level 5 works literally everywhere, including rural dirt paths?

    I'm trying to imagine what other type of geographic difference there might be between 4 and 5 and I'm drawing a blank.

  • A representative for Tesla sent Ars the following statement: "Today's verdict is wrong and only works to set back automotive safety and jeopardize Tesla's and the entire industry's efforts to develop and implement life-saving technology. We plan to appeal given the substantial errors of law and irregularities at trial. Even though this jury found that the driver was overwhelmingly responsible for this tragic accident in 2019, the evidence has always shown that this driver was solely at fault because he was speeding, with his foot on the accelerator—which overrode Autopilot—as he rummaged for his dropped phone without his eyes on the road. To be clear, no car in 2019, and none today, would have prevented this crash. This was never about Autopilot; it was a fiction concocted by plaintiffs’ lawyers blaming the car when the driver—from day one—admitted and accepted responsibility."

    So, you admit that the company’s marketing has continued to lie for the past six years?

    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.

  • Brannigan is way smarter than Mush.

    Some of you will be forced through a fine mesh screen for your country. They will be the luckiest of all.

  • Don't take my post as a defense of Tesla even if there is blame on both sides here. However, I lay the huge majority of it on Tesla marketing.

    I had to find two other articles to figure out if the system being used here was Tesla's free included AutoPilot, or the more advanced paid (one time fee/subscription) version called Full Self Drive (FSD). The answer for this case was: Autopilot.

    There are many important distinctions between the two systems. However Tesla frequently conflates the two together when speaking about autonomous technology for their cars, so I blame Tesla. What was required here to avoid these deaths actually has very little to do with autonomous technology as most know it, and instead talking about Collision Avoidance Systems. Only in 2024 was the first talk about requiring Collision Avoidance Systems in new vehicles in the USA. source The cars that include it now (Tesla and some other models from other brands) do so on their own without a legal mandate.

    Tesla claims that the Collision Avoidance Systems would have been overridden anyway because the driver was holding on the accelerator (which is not normal under Autopilot or FSD conditions). Even if that's true, Tesla has positioned its cars as being highly autonomous, and often times doesn't call out that that skilled autonomy only comes in the Full Self Drive paid upgrade or subscription.

    So I DO blame Tesla, even if the driver contributed to the accident.

    FSD wasn't even available (edit to use) in 2019. It was a future purchase add on that only went into very limited invite only beta in 2020.

    In 2019 there was much less confusion on the topic.

  • Did the car try to stop and fail to do so in time due to the speeding, or did the car not try despite expected collision detection behavior?

    From the article, it looks like the car didn't even try to stop because the driver was overridden by the acceleration because the driver had their foot pressed on the pedal (which isn't normal during autopilot use).

    This is correct. And when you do this, the car tells you it won't brake.

  • Brannigan is way smarter than Mush.

    Farquaad said this, not Brannigan iirc

  • A representative for Tesla sent Ars the following statement: "Today's verdict is wrong and only works to set back automotive safety and jeopardize Tesla's and the entire industry's efforts to develop and implement life-saving technology. We plan to appeal given the substantial errors of law and irregularities at trial. Even though this jury found that the driver was overwhelmingly responsible for this tragic accident in 2019, the evidence has always shown that this driver was solely at fault because he was speeding, with his foot on the accelerator—which overrode Autopilot—as he rummaged for his dropped phone without his eyes on the road. To be clear, no car in 2019, and none today, would have prevented this crash. This was never about Autopilot; it was a fiction concocted by plaintiffs’ lawyers blaming the car when the driver—from day one—admitted and accepted responsibility."

    So, you admit that the company’s marketing has continued to lie for the past six years?

    That's a tough one. Yeah they sell it as autopilot. But anyone seeing a steering wheel and pedals should reasonably assume that they are there to override the autopilot. Saying he thought the car would protect him from his mistake doesn't sound like something an autopilot would do.
    Tesla has done plenty wrong, but this case isn't much of an example of that.

  • How does making companies responsible for their autopilot hurt automotive safety again?

    There's actually a backfire effect here. It could make companies too cautious in rolling out self driving. The status quo is people driving poorly. If you delay the roll out of self driving beyond the point when it's better than people, then more people will die.

  • A representative for Tesla sent Ars the following statement: "Today's verdict is wrong and only works to set back automotive safety and jeopardize Tesla's and the entire industry's efforts to develop and implement life-saving technology. We plan to appeal given the substantial errors of law and irregularities at trial. Even though this jury found that the driver was overwhelmingly responsible for this tragic accident in 2019, the evidence has always shown that this driver was solely at fault because he was speeding, with his foot on the accelerator—which overrode Autopilot—as he rummaged for his dropped phone without his eyes on the road. To be clear, no car in 2019, and none today, would have prevented this crash. This was never about Autopilot; it was a fiction concocted by plaintiffs’ lawyers blaming the car when the driver—from day one—admitted and accepted responsibility."

    So, you admit that the company’s marketing has continued to lie for the past six years?

    I wonder if a lawyer will ever try to apply this as precedent against Boeing or similar...

  • You got me interested, so I searched around and found this:

    So, if I understand this correctly, the only fundamental difference between level 4 and 5 is that 4 works on specific known road types with reliable quality (highways, city roads), while level 5 works literally everywhere, including rural dirt paths?

    I'm trying to imagine what other type of geographic difference there might be between 4 and 5 and I'm drawing a blank.

    Yes, that's it. A lot of AV systems are dependent on high resolution 3d maps of an area so they can precisely locate themselves in space. So they may perform relatively well in that defined space but would not be able to do so outside it.

    Level 5 is functionally a human driver. You as a human could be driving off road, in an environment you've never been in before. Maybe it's raining and muddy. Maybe there are unknown hazards within this novel geography, flooding, fallen trees, etc.

    A Level 5 AV system would be able to perform equivalently to a human in those conditions. Again, it's science fiction at this point, but essentially the end goal of vehicle automation is a system that can respond to novel and unpredictable circumstances in the same way (or better than) a human driver would in that scenario. It's really not defined much better than that end goal - because it's not possible with current technology, it doesn't correspond to a specific set of sensors or software system. It's a performance-based, long-term goal.

    This is why it's so irresponsible for Tesla to continue to market their system as "Full self driving." It is nowhere near as adaptable or capable as a human driver. They pretend or insinuate that they have a system equivalent to SAE Level 5 when the entire industry is a decade minimum away from such a system.

  • There's actually a backfire effect here. It could make companies too cautious in rolling out self driving. The status quo is people driving poorly. If you delay the roll out of self driving beyond the point when it's better than people, then more people will die.

    Even if self driving cars kill less people, they'll still destroy our quality of life.

  • A representative for Tesla sent Ars the following statement: "Today's verdict is wrong and only works to set back automotive safety and jeopardize Tesla's and the entire industry's efforts to develop and implement life-saving technology. We plan to appeal given the substantial errors of law and irregularities at trial. Even though this jury found that the driver was overwhelmingly responsible for this tragic accident in 2019, the evidence has always shown that this driver was solely at fault because he was speeding, with his foot on the accelerator—which overrode Autopilot—as he rummaged for his dropped phone without his eyes on the road. To be clear, no car in 2019, and none today, would have prevented this crash. This was never about Autopilot; it was a fiction concocted by plaintiffs’ lawyers blaming the car when the driver—from day one—admitted and accepted responsibility."

    So, you admit that the company’s marketing has continued to lie for the past six years?

    So if this guy killed an entire family but survived in this accident instead, would the judge blame fucking tesla autopilot and let him go free?
    I might as well sue the catholic church because Jesus did not take the wheel when I closed my eyes while driving and prayed really hard!

    The details of the accidant too of him accelerating and turning while on autopilot. Not even today does any car have a fully autonomous autopilot driving system that works in all cities or roads, and this was in 2019.

    did Elon fuck the judge wife and then his entire family left him for it? wtf is $330 millions for wrong crash accident anyway?

  • So if this guy killed an entire family but survived in this accident instead, would the judge blame fucking tesla autopilot and let him go free?
    I might as well sue the catholic church because Jesus did not take the wheel when I closed my eyes while driving and prayed really hard!

    The details of the accidant too of him accelerating and turning while on autopilot. Not even today does any car have a fully autonomous autopilot driving system that works in all cities or roads, and this was in 2019.

    did Elon fuck the judge wife and then his entire family left him for it? wtf is $330 millions for wrong crash accident anyway?

    If Tesla promises and doesn't deliver, they pay. That's the price of doing business when lives are on the line.

  • That's a tough one. Yeah they sell it as autopilot. But anyone seeing a steering wheel and pedals should reasonably assume that they are there to override the autopilot. Saying he thought the car would protect him from his mistake doesn't sound like something an autopilot would do.
    Tesla has done plenty wrong, but this case isn't much of an example of that.

    More than one person can be at fault, my friend. Don't lie about your product and expect no consequences.

  • 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.

    On what grounds? Only certain things can be appealed, not "you're wrong" gut feelings.

  • More than one person can be at fault, my friend. Don't lie about your product and expect no consequences.

    I don't know. If it is possible to override the autopilot then it's a pretty good bet that putting your foot on the accelerator would do it. It's hard to really imagine this scenario where that wouldn't result in the car going into manual mode. Surely would be more dangerous if you couldn't override the autopilot.

  • Today's verdict is wrong and only works to set back automotive safety and jeopardize Tesla's

    Good!

    ... and the entire industry

    Even better!

    Did you read it tho? Tesla is at fault for this guy overriding the safety systems by pushing down on the accelerator and looking for his phone at the same time?

    I do not agree with Tesla often. Their marketing is bullshit, their cars are low quality pieces of shit. But I don't think they should be held liable for THIS idiot's driving. They should still be held liable when Autopilot itself fucks up.

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    Yup. The greatest danger of AI, is the corporations and governments having sole control of it. That is why it is important for ordinary people to not reject AI usage, but to make it cheap and common enough that no one has to rely on the elite for access. Be it guns, food, shelter, or knowledge, no one should have a monopoly. That is just asking to be abused.
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    They want to become the new tax collectors. They want to buy our toy democracy
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    But fascist really fails to capture the ethnic cleansing part. We really do need a new group name to discuss the Israelis who commit ethnic cleansing. Someday I hope we will use it to round up these fuckers for their trials in The Hague. I guess we should call them Likuds or just Zionists.
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    What I'm speaking about is that it should be impossible to do some things. If it's possible, they will be done, and there's nothing you can do about it. To solve the problem of twiddled social media (and moderation used to assert dominance) we need a decentralized system of 90s Web reimagined, and Fediverse doesn't deliver it - if Facebook and Reddit are feudal states, then Fediverse is a confederation of smaller feudal entities. A post, a person, a community, a reaction and a change (by moderator or by the user) should be global entities (with global identifiers, so that the object by id of #0000001a2b3c4d6e7f890 would be the same object today or 10 years later on every server storing it) replicated over a network of servers similarly to Usenet (and to an IRC network, but in an IRC network servers are trusted, so it's not a good example for a global system). Really bad posts (or those by persons with history of posting such) should be banned on server level by everyone. The rest should be moderated by moderator reactions\changes of certain type. Ideally, for pooling of resources and resilience, servers would be separated by types into storage nodes (I think the name says it, FTP servers can do the job, but no need to be limited by it), index nodes (scraping many storage nodes, giving out results in structured format fit for any user representation, say, as a sequence of posts in one community, or like a list of communities found by tag, or ... , and possibly being connected into one DHT for Kademlia-like search, since no single index node will have everything), and (like in torrents?) tracker nodes for these and for identities, I think torrent-like announce-retrieve service is enough - to return a list of storage nodes storing, say, a specified partition (subspace of identifiers of objects, to make looking for something at least possibly efficient), or return a list of index nodes, or return a bunch of certificates and keys for an identity (should be somehow cryptographically connected to the global identifier of a person). So when a storage node comes online, it announces itself to a bunch of such trackers, similarly with index nodes, similarly with a user. One can also have a NOSTR-like service for real-time notifications by users. This way you'd have a global untrusted pooled infrastructure, allowing to replace many platforms. With common data, identities, services. Objects in storage and index services can be, say, in a format including a set of tags and then the body. So a specific application needing to show only data related to it would just search on index services and display only objects with tags of, say, "holo_ns:talk.bullshit.starwars" and "holo_t:post", like a sequence of posts with ability to comment, or maybe it would search objects with tags "holo_name:My 1999-like Star Wars holopage" and "holo_t:page" and display the links like search results in Google, and then clicking on that you'd see something presented like a webpage, except links would lead to global identifiers (or tag expressions interpreted by the particular application, who knows). (An index service may return, say, an array of objects, each with identifier, tags, list of locations on storage nodes where it's found or even bittorrent magnet links, and a free description possibly ; then the user application can unify responses of a few such services to avoid repetitions, maybe sort them, represent them as needed, so on.) The user applications for that common infrastructure can be different at the same time. Some like Facebook, some like ICQ, some like a web browser, some like a newsreader. (Star Wars is not a random reference, my whole habit of imagining tech stuff is from trying to imagine a science fiction world of the future, so yeah, this may seem like passive dreaming and it is.)
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    Not just that. The tax preparation industry has gotten tax more complex and harder to file in the US You get the government you can afford. The tax preparation industry has been able to buy several governments
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