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Tesla Owner in Autopilot Crash Won't Sue, But Car Insurer May (bloomberg.com)

Dana Hull, reporting for Bloomberg: A Texas man said the Autopilot mode on his Tesla Model S sent him off the road and into a guardrail, bloodying his nose and shaking his confidence in the technology. He doesn't plan to sue the electric-car maker, but his insurance company might. Mark Molthan, the driver, readily admits that he was not paying full attention. Trusting that Autopilot could handle the route as it had done before, he reached into the glove box to get a cloth and was cleaning the dashboard seconds before the collision, he said. The car failed to navigate a bend on Highway 175 in rural Kaufman, Texas, and struck a cable guardrail multiple times, according to the police report of the Aug. 7 crash. "I used Autopilot all the time on that stretch of the highway," Molthan, 44, said in a phone interview. "But now I feel like this is extremely dangerous. It gives you a false sense of security. I'm not ready to be a test pilot. It missed the curve and drove straight into the guardrail. The car didn't stop -- it actually continued to accelerate after the first impact into the guardrail." Cozen O'Connor, the law firm that represents Molthan's auto-insurance carrier, a unit of Chubb Ltd., said it sent Tesla Motors Inc. a notice letter requesting joint inspection of the vehicle, which has been deemed a total loss.

93 comments

  1. It seems pretty clear who to blame by hawguy · · Score: 2, Informative

    "he reached into the glove box to get a cloth and was cleaning the dashboard seconds before the collision"

    The Tesla has a clear warning that "autopilot" is not "self-driving", so the driver should have been paying attention to the road, not digging through the glovebox and cleaning the dashboard.

    1. Re:It seems pretty clear who to blame by Anonymous Coward · · Score: 0

      Yes a clearly
      http://www.merriam-webster.com/dictionary/autopilot
      " a device for automatically steering ships, aircraft, and spacecraft"
      Clearly it does not list cars.

      We will see what the court say.
      Remember Insurance companies can jack up the rates on Non-self-driving self-driving cars.
      Then the Owners will demand it be disabled.

    2. Re:It seems pretty clear who to blame by Anonymous Coward · · Score: 0

      When I was drag racing my car, autopilot failed to slow me down sufficiently to make a 90 degree turn to avoid a radar trap. I'm suing the company for my speeding ticket!

    3. Re: It seems pretty clear who to blame by bestweasel · · Score: 0

      Tesla refer to it as Autopilot, with a capital A. If they didn't want people to think it was an autopilot then they shouldn't have called it Autopilot. Still, people often have an absurd faith in technology.

      This doesn't seem right either:

      "The car didn't stop -- it actually continued to accelerate after the first impact into the guardrail."

    4. Re: It seems pretty clear who to blame by Anonymous Coward · · Score: 0

      An autopilot points you in a direction you specify and goes straight.

      You can tell it to point in another direction, and it will deal with that.

      Tesla's autopilot does more than an airplane auto pilot, by steering, but it is not misleading to call it autopilot based on what autopilots actually do. That is, treat it like adaptive cruise control. Don't rely on it to drive up a winding mountain road.

    5. Re: It seems pretty clear who to blame by meerling · · Score: 1

      That's ok, people used to do the same thing with cruise control for about a decade after it started being installed in cars.

    6. Re: It seems pretty clear who to blame by Anonymous Coward · · Score: 1

      Wrong. Autopilots in all commercial aircraft are capable of flying a route automatically, including changes in altitude and speed along the way. Level 1 autopilots (i.e. wing levelers) are only found in low-end general aviation aircraft. Now please stop spewing misinformation.

    7. Re: It seems pretty clear who to blame by Ralgha · · Score: 2

      Actually, airplane autopilots are capable of navigating an entire route, both vertically and laterally, without input from the pilot (after programming and engaging it of course). The difference is that pilots don't blindly trust it like some of these car morons do.

    8. Re:It seems pretty clear who to blame by Pentium100 · · Score: 1

      So, how does the Tesla autopilot differ from a regular car that does not have such feature? In both you need to pay attention to the road, presumably the same. So why use autopilot at all?

    9. Re:It seems pretty clear who to blame by Anonymous Coward · · Score: 0

      Yes a clearly
      http://www.merriam-webster.com/dictionary/autopilot
      " a device for automatically steering ships, aircraft, and spacecraft"
      Clearly it does not list cars.

      We will see what the court say.
      Remember Insurance companies can jack up the rates on Non-self-driving self-driving cars.
      Then the Owners will demand it be disabled.

      The owner admitted he wasn't paying full attention, and over relied on a technology that requires you to pay attention.

      The owner said he would not sue for this exact reason.

      And now we have an insurance company who might sue because they want to defend stupidity, which only highlights the true idiot here.

      And I don't give a flying fuck what definition of autopilot you bring forth, no airplane takes off without a fucking pilot just because it has autopilot.

    10. Re: It seems pretty clear who to blame by hawguy · · Score: 1

      Wrong. Autopilots in all commercial aircraft are capable of flying a route automatically, including changes in altitude and speed along the way. Level 1 autopilots (i.e. wing levelers) are only found in low-end general aviation aircraft. Now please stop spewing misinformation.

      You mean the kind of aircraft that the vast of majority of people would actually fly if they were to become private pilots?

    11. Re:It seems pretty clear who to blame by hawguy · · Score: 4, Insightful

      So, how does the Tesla autopilot differ from a regular car that does not have such feature? In both you need to pay attention to the road, presumably the same. So why use autopilot at all?

      I asked a guy I know who drives a P90 the same question - he said he uses it for several reasons. One, he feels that it gives him a level of safety above his own capabilities, if he sneezes or is otherwise distracted, he likes knowing that the car *may* be able to take over (which is quite a bit better than a standard car which cannot take over at all), also he said that as he ages, he feels that his reflexes are getting slower, so he likes that the car is watching over his driving. Second, his uncle died after a stroke while driving with his wife, the stroke didn't kill him, but running off the road killed both him and his wife, if he'd been in a self driving car, it's likely that the car would have just continued driving until it sensed that he was no longer in control and pulled off the road. And last, he likes that his use of auto-pilot gives Tesla real-world feedback on the system so they can improve it, so that by the time he's ready to give up driving, his car will be fully auto-drive capable. He said that due to this last point, he enables auto-pilot as much as possible.

      And he added that anyone that thinks it can drive the car unattended is an idiot.

    12. Re: It seems pretty clear who to blame by Anonymous Coward · · Score: 0

      His senses are slowing with age to the point he needs assistance, so he buys the racecar version? Nice..

    13. Re: It seems pretty clear who to blame by Anonymous Coward · · Score: 0

      https://buy.garmin.com/en-US/US/cInTheAir-c582-c585-p1.html

    14. Re:It seems pretty clear who to blame by jgriffith325 · · Score: 1

      Remember Insurance companies can jack up the rates on Non-self-driving self-driving cars.

      But they won't, because those cars are safer than human driven cars, and they don't have an agenda, just statistics.

      Then the Owners will demand it be disabled

      I demand that you disable this thing because I don't have the willpower not to turn it on.

    15. Re: It seems pretty clear who to blame by hawguy · · Score: 1

      His senses are slowing with age to the point he needs assistance, so he buys the racecar version? Nice..

      When you have $100K to spend on a car, it's hard to not get one that's a racecar under the hood. The Tesla might have the power of racecar, but it's easy to not drive it like one.

      He's in his 50's now, so it's not like he's elderly, and he used to be an actual race car driver, so even if he says he feels slowed reflexes, I'd say he's still better than 90% of drivers out there.

    16. Re: It seems pretty clear who to blame by bestweasel · · Score: 1

      Modded Troll. Why's that?

    17. Re:It seems pretty clear who to blame by eionmac · · Score: 1

      Good sense in your relative!

      --
      Regards Eion MacDonald
    18. Re: It seems pretty clear who to blame by gzuckier · · Score: 1

      Most supercars these days are equipped with a lot of driver assistance.

      --
      Star Trek transporters are just 3d printers.
  2. Re:Driver or Autopilot? by Ichijo · · Score: 1

    Did the autopilot function as designed?

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
  3. Perhaps by Anonymous Coward · · Score: 0

    Tesla would swap for a new car to get to look over the one that's broke and to get the guy back in their car.
    But the article says guy doesn't want another Tesla.
    Awkward.

    So what's next?
    A check every time an 'autopilot' exposes the false sense of security.

    or maybe

    Clearer definitions of the proper way to operate the 'autopilot' as it evolves.
    It appears to be already a pretty useful gadget,
        and maybe there is no other way to work through all the corner cases to get to a real autopilot.

    I wonder why the guy wishes to switch cars.
    Understandable if the well to do customers feel the situation is an un-wise to gamble with their lives.
    Perhaps he thinks the autopilot grass is greener with some other manufacturer.
    Anybody have a clue if that is the case?

    It will be interesting to see what the NTSB says.

    1. Re:Perhaps by fluffernutter · · Score: 1

      Autopilot was never supposed to be a selling feature of the car. How can something in beta mode be a selling feature of a car? Maybe he likes the performance and will never use Autopilot again.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    2. Re:Perhaps by Anonymous Coward · · Score: 0

      Is it really a good idea to release beta mode systems that have the potential to kill people? I guess most people here think so. but I've worked on these systems all my life and it's been trained and beat into us that it's an anathema way of thinking.

  4. Splitting Musk's Pubic Hairs Pretty Fine There by Anonymous Coward · · Score: 0

    Eh, Slashdot? After all the picked nits you've had over the years?

    If it isn't free software, don't call it free software.

    If it's phr34k1n ur ph()()nez d00d, don't call it a hacker.

    Well:

    If it isn't autopilot, don't call it autopilot.

    1. Re:Splitting Musk's Pubic Hairs Pretty Fine There by hawguy · · Score: 1

      Eh, Slashdot? After all the picked nits you've had over the years?

      If it isn't free software, don't call it free software.

      If it's phr34k1n ur ph()()nez d00d, don't call it a hacker.

      Well:

      If it isn't autopilot, don't call it autopilot.

      What makes you think that "autopilot" will drive your car with no input from you? The autopilot in the vast majority of airplanes will keep your airplane in straight and level flight, might fly the route you give it, but won't avoid obstacles in the way (including terrain, if you tell it to fly at 5000 feet, it will blindly fly you into a 6000 ft mountain), and won't land your plane, it'll fly until you run out of fuel. Likewise, set the autopilot in your boat and let it run unattended and it will run you right into an island or into the side of the freighter that crosses your path.

      If they called it "self-driving mode", then I could see your point.

    2. Re:Splitting Musk's Pubic Hairs Pretty Fine There by geek · · Score: 2

      What makes you think that "autopilot" will drive your car with no input from you? .

      Because the "auto" in "autopilot" stands for "automatic" as in, done automatically without user interaction. Bitch all you want, thats just the fucking facts. It's also not an airplane, it's a car that might hit fucking guardrails and other vehicles in midair. Musk is a fucking idiot to think people wouldn't use it like this. Period.

    3. Re:Splitting Musk's Pubic Hairs Pretty Fine There by Anonymous Coward · · Score: 0

      What makes you think that "autopilot" will drive your car with no input from you?

      Well, for the guy in the summary, the thing that made him think it would do that was all the other times it did do that on the same stretch of road...

    4. Re:Splitting Musk's Pubic Hairs Pretty Fine There by fluffernutter · · Score: 1

      Driving a car is really way more complicated in terms of obstacles you need to avoid from second to second.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    5. Re: Splitting Musk's Pubic Hairs Pretty Fine There by Anonymous Coward · · Score: 1

      A car is also known as an "automobile". Does that mean it automatically ambulate around? Or does auto not mean what you think it means.

    6. Re:Splitting Musk's Pubic Hairs Pretty Fine There by Anonymous Coward · · Score: 0

      I think Musk is doing this world a favor. Darwinism at its best.

    7. Re:Splitting Musk's Pubic Hairs Pretty Fine There by meerling · · Score: 1

      If people want to be so nitpicky about the exact words in the name, it also says "pilot", but the operator of a car is a "driver", so I guess tesla can blame the issues on your car not having ailerons and flaps. ;)

    8. Re:Splitting Musk's Pubic Hairs Pretty Fine There by Paul+Jakma · · Score: 1

      Are you aware of the origin of the word "pilot"? It refers to steering an oar or a rudder - not ailerons or flaps. It is of nautical origin.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
    9. Re: Splitting Musk's Pubic Hairs Pretty Fine There by Type44Q · · Score: 1

      Musk is a fucking idiot to think people wouldn't use it like this.

      Who's saying Musk thought anything of the sort?? Any idiot (other than you, apparently) would've been able to foresee all this; it's a disruptive technology and people are stupid (see above).

    10. Re: Splitting Musk's Pubic Hairs Pretty Fine There by gzuckier · · Score: 1

      Pickled nits are an acquired taste.

      --
      Star Trek transporters are just 3d printers.
    11. Re:Splitting Musk's Pubic Hairs Pretty Fine There by Coren22 · · Score: 0

      Last I checked, cars don't use oars or rudders either.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  5. Lol by waspleg · · Score: 4, Insightful

    "But now I feel like this is extremely dangerous.

    No fucking shit, it always was.

    It gives you a false sense of security.

    Sounds like wealth redistribution - Darwin style.

    I'm not ready to be a test pilot.

    Well, obviously you should have been since wanting to be an early adopter of a nascent technology that hasn't been thoroughly vetted at all to DRIVE YOUR FUCKING CAR sure sounds like test pilot to me.

    Probably get modded down. Don't give a fuck. I think this shit will/has been pushed out the door too early because money. Wait til it kills someone else.

    There are lawyers with erections they're not even sure how they got right now.

    1. Re:Lol by speedplane · · Score: 1

      "But now I feel like this is extremely dangerous.

      No fucking shit, it always was.

      But Elon promised us it was safer than human driving!

      --
      Fast Federal Court and I.T.C. updates
    2. Re:Lol by liquid_schwartz · · Score: 1

      But Elon promised us it was safer than human driving!

      It can both be safer than humans while still not being perfect. I only expect that over time self driving cars will reduce accidents, not eliminate them. Anytime you're moving at high speed there's an element of risk.

    3. Re:Lol by Anonymous Coward · · Score: 0

      oh it is, but you'll never get that statistic, just like i wont get mine proving car emissions kill far more people per year then 2nd hand smoking, so i should be able to smoke on the patio, but nooo, no smoking in parks even, bullshit

    4. Re:Lol by DerekLyons · · Score: 1

      Probably get modded down. Don't give a fuck. I think this shit will/has been pushed out the door too early because money. Wait til it kills someone else.

      Don't worry, the Tesla and Musk apologists will find a way to explain it away. Flat earthers and bible thumpers have nothing on them when it comes to selective reality.

    5. Re: Lol by Anonymous Coward · · Score: 0

      This (one) system has many more road miles, with less accidents driven, than almost any (one) human alive. Ipso facto - it is much safer than human driving.

    6. Re:Lol by Maxo-Texas · · Score: 1

      I agree entirely however- if this accident was as advertised (dubious at this point), then what should have been an easy situation failed and almost turned dangerous.

      I've seen videos of the car driving. This sounds like a trivial case and the car had driven the route before successfully.

      Something is odd.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    7. Re:Lol by Aighearach · · Score: 2

      But Elon promised us it was safer than human driving!

      It can both be safer than humans while still not being perfect. I only expect that over time self driving cars will reduce accidents, not eliminate them. Anytime you're moving at high speed there's an element of risk.

      Actually it can be buggy as hell and still be safer than these humans, because outside of the mistakes the feedback loops will be fast and accurate. Only a small percentage of human drivers have fast, accurate reflexes that are engaged for the same percentage of the time.

    8. Re:Lol by Aighearach · · Score: 1

      If they had just named it better it would be a lot easier to defend them. Something with the word "cruise" in it maybe, instead of "pilot."

    9. Re:Lol by thegarbz · · Score: 1

      Well, obviously you should have been

      Well obviously you should have been because the car frigging warned you that this is an early technology you'd be testing and to not take your hands off the wheel or let your attention lapse when you first turned it on.

      Operator doesn't read instructions and hurts himself. News at 11.

    10. Re:Lol by thegarbz · · Score: 1

      But Elon promised us it was safer than human driving!

      And why isn't it? I suppose you have done very intense study on the accident figures and rates and can make a well informed comparison?

    11. Re: Lol by Anonymous Coward · · Score: 0

      Tom Cruise perhaps?

    12. Re:Lol by Imrik · · Score: 1

      Even if you get that statistic, all it would mean is that we should reduce emissions, not increase second hand smoke.

    13. Re:Lol by Cederic · · Score: 1

      Most of us don't read instructions. Instructions are for the weak, the incapable and the badly designed UI.

    14. Re:Lol by thinkwaitfast · · Score: 1

      Autopilots on plane also save lives and reduce accidents, but are not allowed to be used until certified. The FAA does not allow beta software on commercial jets.

    15. Re:Lol by Anonymous Coward · · Score: 0

      Sure, self-driving cars might be more safe than humans on average, but that ignores the fact that a human driver can do a number of things to improve his personal likelihood of safety (things that a lot of people don't do, from my observations, which would drag down the human driving safety average), things like:

      1. Following the rules of the road. Ie. don't excessively speed, keep proper following distance (almost no one does this as far as I can tell), don't use alcohol or drugs prior to driving, avoid distractions from electronics (also not followed by many), etc.
      2. Ensuring proper vehicle operation: Ie. periodically checking that indicators work and mirrors are properly positioned, checking tire treads, replacing worn brake pads. etc.
      3. Using common sense. Sure, I don't follow speed limits religiously, but if a sign warns me about hidden driveways around a bend I'll definitely slow down and be prepared to brake.
      4. Using some intuition. Over the years of driving, I've noticed I can usually tell ahead of time when someone's about to do something stupid on the road; there are tell-tale signs like not maintaining a steady speed, weaving within lanes (or even into other lanes), forgetting to switch off indicators, last minute lane changes, left foot braking, etc., which signal to me that a driver isn't paying attention. These vehicles should be given a wide berth and preferably passed as soon as it's safe to do so.
      5. Etc.

      It would be reasonable to assume that following the above would improve one's personal likelihood of safety. Would it improve it beyond the average safety of self-driving cars? That's hard to say. But I'm not convinced that, basically, the self-driving car safety mean lies entirely outside the human-driven car safety probability distribution (in fact, it almost certainly doesn't, at least not with modern technology), and, to be quite frank, I'd rather have the option of improving my own safety beyond the mean by following best practices than buy a ticket in the self-driving car lottery.

    16. Re:Lol by DerekLyons · · Score: 1

      The truth doesn't sound edgy enough and doesn't contain any buzzwords.

    17. Re: Lol by Anonymous Coward · · Score: 0

      "There are lawyers with erections they're not even sure how they got right now."
      and that means somebody's going to get fucked.

    18. Re:Lol by Anonymous Coward · · Score: 0

      It can both be safer than humans while still not being perfect.

      And it can be better than humans without being safer. The ground transportation network is extremely forgiving, operating with tolerances far outside what automated systems are expected (rightly or wrongly) to achieve. And yet, an average human driver can expect to go more than 100,000 miles per reportable incident. You can't judge safety by looking at only one element, you have to look at the entire system. And right now, that system is a hell of a lot safer than a lot of people will admit. It could be better, but there's a lot more work that needs to be done before anyone can say with any degree of certainty that the automation being developed now will be likely to improve safety of the system as a whole.

    19. Re:Lol by Anonymous Coward · · Score: 0

      Wait til it kills someone else.

      Not sure if you meant this, but wait until it kills someone else in the other car. Double chubby for the lawyers then - they get paid whether they pitch or catch!

      captcha:romance

  6. Re:Driver or Autopilot? by Nethemas+the+Great · · Score: 2, Interesting

    Not certain. The guy claimed he was reaching into the glove box. It's not inconceivable that he accidentally bumped or held the steering wheel thus overriding the autopilot. Tesla might have some more black box goodness forthcoming to entertain us.

    --
    Two of my imaginary friends reproduced once ... with negative results.
  7. Questioning... by XSportSeeker · · Score: 1

    This is why I was making a question just the other day about the tech being used for the autopilot.

    I've read explainers, watched videos talking about the tech, it doesn't add up.
    Not for this case, and not for that one which ended in a fatality.

    Tesla Model S is supposed to have a camera, a bunch of ultrasonic sensors, and a radar in front of the car.
    Those sensors either react too slow, which would make them useless, the software is bad, or quality control isn't working well enough.

    Because if you think about it, no way 3 different sensor systems will fail all at once and not detect a curve or a truck coming across.
    I can understand a single camera not being able to distinguish between a white truck and a bright sky, or it getting confused because of reflections, bad weather conditions and whatnot... but what about the ultrasonic sensors and radar system? Are those working at all? What sort of condition is required to make 3 different colision detection systems fail all at once?

    I did not find any technical explanation as to why those accidents happened. And "because the driver wasn't paying attention" is not enough from a technical standpoint. It just sounds like we're getting half the story here.

    1. Re:Questioning... by Anonymous Coward · · Score: 0

      Ultrasonic sensors only have a few meters of range and limited resolution. When driving at high speed, they could be used for things like blind spot detection because relative speeds are low, but they wouldn't be used fore looking at things in front of the car.

    2. Re:Questioning... by mysidia · · Score: 1

      Are those working at all? What sort of condition is required to make 3 different colision detection systems fail all at once?

      How about.... Because of the way those systems work, and the way the self-driving system works.. each of those systems is a single point of failure
      in some driving situations?

      Meaning if just one of those systems goes offline or fails to do its job properly, then there are some crash risks/emergencies which will not be detected, or the self-driving system will not notice.

    3. Re:Questioning... by Anonymous Coward · · Score: 0

      the tesla uses the forward looking video for lane boundary estimation, and it often fails in practice.. You're zooming along, hands lightly on the wheel, and you hear the "ding dong" descending chime that tells you "you've got the con, Mr. Driver".

      Autpilot works great in heavy traffic on a multilane road with wide speed variation: the adaptive speed works from 80 mi/hr down to zero very smoothly, and it does a pretty good job being aware of the idiot in the next lane changing lanes into yours.

      Autopilot does NOT work great in the #1 (fast) lane where the lane line is often faded or non-existent, where there's a median barrier very close to the lane, where there are turns - it does great at following the car ahead, but not so hot at seeing the curving right turn of the concrete barrier.
      It also does not deal well with bridge piers in the median (e.g. you're buzzing along at 70 mi/hr with the median barrier a few feet away, and all of a sudden, the pier is 1 foot away, with a smooth transition: the radar doesn't see it, and neither does the video.

      Autopilot does not look far enough ahead: if there's a car in front of you, it follows it, and can't really see that the road turns (or there's a bunch of people stopping) further along.

  8. Re: Driver or Autopilot? by stevedog · · Score: 1

    Wasn't this the case where Tesla said Autopilot wasn't engaged at all?

  9. An issue by Anonymous Coward · · Score: 0

    "... The car didn't stop -- it actually continued to accelerate after the first impact into the guardrail."

    Continuing to accelerate after hitting the guardrail (and deploying the airbag I assume) would seem to be an issue.

    1. Re:An issue by michelcolman · · Score: 1

      You need a pretty hard impact for the airbags to deploy.

    2. Re: An issue by Nidi62 · · Score: 1

      Sounds to me like when he reached over to the glove compartment for the towel his foot touched the accelerator and he kept it there while cleaning the dash.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  10. Why sue? by Anonymous Coward · · Score: 0

    The owner will have insurance cover it. The insurer will see that telsa cars are not safe and increase the cost of insurance to cover autopilot errors.

  11. Re:Driver or Autopilot? by PolygamousRanchKid+ · · Score: 1

    Not certain. The guy claimed he was reaching into the glove box.

    He's not going to sue. I find that highly suspicious. In America, everybody sues over things like spilled hot coffee, poodles in microwaves and confusing the gas and break pedal. So if he is not going to sue, he has something to hide.

    If the driver did sue Tesla, Tesla would send in a battalion of private detectives to investigate everything with a scanning electron microscope. If the accident was his fault, he can't afford that to happen. Ditto for the insurance company suing Tesla; the driver cannot let that happen either.

    So what I think we'll see is that the driver will make an undisclosed "deal" with the insurance company, and Tesla won't get sued. And this story will be soon forgotten.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  12. Re: Driver or Autopilot? by Anonymous Coward · · Score: 0

    Computers, no matter how advanced, will always be susceptible to misinterpreting data received via audio-visual input.

  13. Re:Driver or Autopilot? by Anonymous Coward · · Score: 0, Funny

    He's not going to sue. I find that highly suspicious. In America, everybody sues over things like spilled hot coffee, poodles in microwaves and confusing the gas and break pedal. So if he is not going to sue, he has something to hide.

    That's what happened! He pressed the "break" pedal.

  14. Re:Driver or Autopilot? by wonkey_monkey · · Score: 2

    He's not going to sue. I find that highly suspicious. In America, everybody sues over things like spilled hot coffee, poodles in microwaves and confusing the gas and break pedal. So if he is not going to sue, he has something to hide.

    Or maybe, just maybe, he's an honest person who's already admitted that he wasn't paying attention which Tesla tells you to do while using auto-pilot.

    If the accident was his fault, he can't afford that to happen.

    It was his fault. He's practically admitted as much.

    --
    systemd is Roko's Basilisk.
  15. Sounds like Tesla need a MS-style software EULA.. by mysidia · · Score: 1

    +Class action prohibited And Binding arbitration with Tesla for any accident that occurs as a result of you operating the vehicle, And a restriction that You may not convey any of your dispute rights or capability to sue us to any insurance company or other 3rd party; any claim must be pursued solely by you, with sworn statement that no insurer or 3rd party will have interest in any settlement paid to you for dispute resolution.

  16. Re:Driver or Autopilot? by Anonymous Coward · · Score: 0

    i agree, it's his own fault, a driver is not supposed to be doing anything other then driving and paying attention to the road and traffic while driving. Cleaning your car is done when it is parked. His Insurance would be better off sueing their client for not complying to the rules of responsible driving.

  17. Re: Driver or Autopilot? by liquiddark · · Score: 1

    As will humans, of course.

  18. Re:Driver or Autopilot? by Anonymous Coward · · Score: 0

    It's a "brake" pedal you ignorant goof.

  19. apparently.. by Anonymous Coward · · Score: 0

    apparently he doesn't read much news.

  20. Feedback Loop by brunes69 · · Score: 2

    I am getting really sick of the media and others bashiing self-driving technology when they can't see the forest for the trees - no new technology is ever perfect. When commercial air travel first started in the 20s, crashes happened all the time - it was extremely dangerous by modern standards, and even more dangerous than current car travel. Air travel is now by orders of magnitude the safest way to travel on earth - how did that come to be? It came to be because the regulation ensured that accidents were investigated, root cause analysis done, and whatever deficiency was found was addressed.

    This is the exact same thing that will happen with self-driving technology, except that it will happen at an EXPONENTIALLY faster pace.

    Yes, people will get into accidents with self-driving cars. Yes, people will die. Anyone who does not think this is going to happen is living behind a reality distortion field. However, what happens with self-driving technology is that every single accident gives the opportunity to push software updates out to make EVERY CAR instantly safer. This is simply not the case with human drivers - when a human driver causes an accident, there is no feedback loop that makes all other human drivers safer.

    1. Re:Feedback Loop by avandesande · · Score: 1

      There is a big difference between the way Google is doing it and Tesla. I am completely behind Google's methodology. Tesla, not so much.

      --
      love is just extroverted narcissism
    2. Re:Feedback Loop by rch7 · · Score: 2

      Nobody bashes self-driving technology. People bash swindlers who sell adoptive cruise control as cutting edge "self-driving", so that they would be able to sell new stock for billions each year. There is nothing "self driving" in it, but some brainwashed fanboys still imagine that they are getting close to "self driving" with this technology and play Russian roulette with people lives around, that is the whole problem.

    3. Re:Feedback Loop by Gunstick · · Score: 1

      only that google's method will not scale. And does it adapt to road changes?
      Sometimes it's like the roomba vs neato arguments :-)
      Future will tell.

      --
      Atari rules... ermm... ruled.
    4. Re:Feedback Loop by Anonymous Coward · · Score: 0

      The difference is back when air travel was being developed, people were more willing to assume risk. Kids did not wear bicycle helmets, buckets did not warn against babies drowning in them, packages of peanuts did not advertise that they contained the ingredients: nuts, and people didn't automatically assume that when bad things happened to them, there was someone around who should have known/acted better, and should be held accountable for the outcome.

  21. Re:Driver or Autopilot? by MightyYar · · Score: 1

    In America,

    There's your problem... this occurred in Texas.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  22. Re:Driver or Autopilot? by Anonymous Coward · · Score: 0

    "Everybody" doesn't sue over things like that, it's just that you always hear about it when they do.

    Also I'm not sure there is much of an incentive to stop the insurance company from investigating and/or suing. If he was at fault he can admit that and maybe his premiums will go up. If he doesn't admit it and the insurance co or car co discovers it after investigation, his premiums may still go up. But it's not like he's on the hook for anything if it's discovered he was at fault, and unless he plans on paying the insurance co millions of dollars to walk away from litigation that could establish liability for self-driving car manufacturers, I'm not sure what kind of "undisclosed deal" you think he's going to be cutting with the insurance company.

  23. Re:Driver or Autopilot? by rch7 · · Score: 1

    Are serious? What is he can sue for? $500 deductible? He is not even injured, insurance company pays for his car.
    It is insurance company who decides sue or not sue. As is a bit expensive, it may decided to sue. It is not millions in some fatal accident like the one in FL, but still some money. Maybe not enough to warrant lawsuit with legal expenses when outcome is not clear, but still possible. Tesla has marketed autopilot as mostly "autonomous" and Tesla salesmen demonstrated hands free driving, so some legal agreement checkboxes and formal disclaimers may be not enough to dodge responsibility.

  24. Re:Sounds like Tesla need a MS-style software EULA by rch7 · · Score: 1

    What a nonsense, how can you prevent insurance company from going to court. They paid for damages and they can sue for themselves. Even if such clause would be legal and enforceable, insurances company can always refuse to write policy for anything that has word "Tesla" on it, and good luck selling cars with such smart ass contracts then.

  25. Re:Driver or Autopilot? by PolygamousRanchKid+ · · Score: 1

    What is he can sue for?

    People don't get sued in the US because they did something wrong . . . they get sued because they have money. A sexual harassment at a workplace . . . who gets sued? Not the perpetrator . . . he has no money. The employer company gets sued, because they have enough money to make it worthwhile for the lawyer involved.

    If there is no obvious reason to sue, the lawyer will create one. The driver has already stated that Tesla's autopilot gave him a "false sense of security", or some weasel words like that. Maybe he can complain about anxiety caused by the "accident", even if it was obviously his own fault.

    I've always thought that autonomous driving will not fail with technology on the roads. But this Waterloo will not be decided on the playing fields of Eton, but in the US courts with some shifty lawyers.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  26. Re:Sounds like Tesla need a MS-style software EULA by mysidia · · Score: 1

    good luck selling cars with such smart ass contracts then.

    It won't be a problem.... Nobody ever reads them anyways. Also, accepting the EULA terms becomes a
    requirement not to own the car, But to Activate the software license key which enables the Self-Driving Option.

    Don't agree to the EULA, then no AutoPilot for you.

  27. Re:Driver or Autopilot? by peawormsworth · · Score: 1

    The insurance company should sue Mark and nobody else.

    That doesn't make any sense. Are you implying that Mark has more money that Tesla?

  28. Terrible malfunction by gzuckier · · Score: 1

    I simply stepped into the back seat to make myself a sandwich and, being overcome with fatigue, decided to take a nap...

    --
    Star Trek transporters are just 3d printers.
  29. Re: Driver or Autopilot? by gzuckier · · Score: 1

    He doesn't have to sue, the insurance will cover him and they will sue. Not uncommon in car crashes.

    --
    Star Trek transporters are just 3d printers.
  30. Re: Driver or Autopilot? by gzuckier · · Score: 1

    Ah, that's the key to the whole thing. He thought it was a break pedal, so he took a break from driving.

    --
    Star Trek transporters are just 3d printers.
  31. Re: Driver or Autopilot? by gzuckier · · Score: 2

    Slightly reminiscent of those "sudden unintended acceleration" cases a while back, the audi ones, before drive by wire confused things. When the driver claims he was standing on the brake pedal but the car just leapt forward, and there is no way the engine could overpower the brake, and the gas pedal is bent from being stood on forcefully and the brake pedal isn't, you kind of have to entertain the possibility of driver error, no matter how certain the driver is of his innocence.
    in this case he's not disputing the possibility.

    --
    Star Trek transporters are just 3d printers.
  32. Re:Driver or Autopilot? by Dashiva+Dan · · Score: 1

    I thought in a tesla you are officially supposed to have your hands on the steering wheel still? Can't do that while looking through the glovebox and cleaning the dashboard.... That's why he's not suing Tesla, because he has no case. I mean seriously, when I buy new tech that costs $100 I follow the instructions, and if I don't and it behaves in an unexpected way, I'm not surprised. When spending more by a factor of hundreds, on emerging tech, I think I'd be a little more careful, perhaps heed the warnings and guidelines, etc...

    --
    "lt;dr" is the correct response to most of my posts.
  33. Re: Driver or Autopilot? by Coren22 · · Score: 1

    Even the drive by wire ones turned out to be wrong pedal accidents as well in the recent Toyota crashes. The only "fixes" they had were to remove any unsecured floormat and a software update that shut off the gas when the brake was depressed. NASA wasn't even able to fault Toyota, as the data logs clearly showed the users flooring the gas and not the brake.

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?