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Arizona Prosecutor Says Uber Not Criminally Liable In Fatal Self-Driving Crash (reuters.com)

Uber is not criminally liable in a March 2018 crash in Tempe, Arizona, in which one of the company's self-driving cars struck and killed a pedestrian, prosecutors said on Tuesday. "The Yavapai County Attorney said in a letter made public that there was 'no basis for criminal liability' for Uber, but that the back-up driver, Rafaela Vasquez, should be referred to the Tempe police for additional investigation," reports Reuters. From the report: Vasquez, the Uber back-up driver, could face charges of vehicular manslaughter, according to a police report in June. Vasquez has not previously commented and could not immediately be reached on Tuesday. Based on a video taken inside the car, records collected from online entertainment streaming service Hulu and other evidence, police said last year that Vasquez was looking down and streaming an episode of the television show "The Voice" on a phone until about the time of the crash. The driver looked up a half-second before hitting Elaine Herzberg, 49, who died from her injuries. Police called the incident "entirely avoidable."

Yavapai County Attorney's Office, which examined the case at the request of Maricopa County where the accident occurred, did not explain the reasoning for not finding criminal liability against Uber. Yavapai sent the case back to Maricopa, calling for further expert analysis of the video to determine what the driver should have seen that night. The National Transportation Safety Board and National Highway Traffic Safety Administration are still investigating.

190 comments

  1. Guess who's getting a big contribution by Swistak · · Score: 0, Offtopic

    in their new election?

    1. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 1

      I give up, who?

    2. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 1

      No idea. Who?

    3. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 5, Interesting

      This is the same Yavapai County AG that is prosecuting legal medical marijuana patients for possessing cannabis concentrates that were purchased legally in a dispensary. She recently claimed that distilling extracts from cannabis was similar to making explosives with AMFO

      Speaking of contributions, she got $500,000 from Insys Pharmaceuticals which markets a synthetic THC and Fentanyl lollypops, two products which are threatened by medical marijuana.

    4. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      >Fentanyl lollypops

      man fuck this civilization

    5. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Or maybe, just maybe, the Attorney and his department have carefully investigated the matter and have concluded that liability lies with the woman who was nominally in control of the vehicle that night.

      But hey, that wouldn’t fit your worldview that everyone is corrupt, so...

    6. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 0
    7. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Or maybe the lady who walked out in the middle of a curved part of the highway obscured by vegetation had some blame? A child would know better than to cross at that location. What the hell was she doing?

    8. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      AOC just hit the jackpot on this one. The FEC is going to NAIL her for what she did with the PAC.

    9. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0, Insightful

      I've seen the video, she crossed multiple Lanes of traffic in a predictable way before being creamed by a driver not paying attention in a car with auto braking disabled.

      The area itself wasn't very dark either.

    10. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      The initial report by the National Transportation Safety Board on the fatal self-driving Uber crash in March confirms that the car detected the pedestrian as early as 6 seconds before the crash, but did not slow or stop because its emergency braking systems were deliberately disabled.

    11. Re: Guess who's getting a big contribution by zoid.com · · Score: 1

      How did she get the twitter @AOC name? It sees like it's as valuable as a 3 character domain. Did she pay for it? If not then is it a gift? Is it reported? There is no way I can get a 2 character twitter name.

    12. Re: Guess who's getting a big contribution by ShanghaiBill · · Score: 0

      This is a sensible outcome. Many stupid decisions were made by Uber managers, by the driver, and by the pedestrian. But stupidity is not a crime. If it was, we would need a lot more prisons.

      Uber has civil liability, but they have already settled with the dead woman's family.

    13. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Given that the previous owner seems to be a London-based online surveys company with a website in Arabic, it was most probably terminated by Twitter in one of ther bouts of anti-moslin racist American hysteria.

      https://web.archive.org/web/20...

      As for your inability to get a two-letter handle, sorry, you and your blog are not that popular.

    14. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      I doubt that. It's almost cold enough to be Pelosi or Feinstein thuggery - which will be the end of the idiot barmaid... But I can't see the Dems letting campaign finance fraud actually get prosecuted. It's the reason the DNC exists.

    15. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      But stupidity is not a crime.

      It can be.
      Criminal negligence is a thing.

      You'd pretty much have to be stupid enough to fire a gun at a wooden fence with a school class behind it, but if you are that stupid then it could be a crime.

    16. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Bing shows that she rode it to fame.

    17. Re: Guess who's getting a big contribution by fluffernutter · · Score: 1

      But stupidity is not a crime.

      Then until we can figure out who is responsible when an AI death happens, we should stop testing on public streets immediately.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    18. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Thanks for uncovering that one. We would have never known.

    19. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      It seems obvious to me that it was Ubers fault, they set it loose on the streets. But I would not have a problem blaming everyone involved in the software development.
      Nobody wants to slow down the progress towards not letting people drive by themselves though.

    20. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      No, they didn't set it lose in the streets. They had e perfectly qualified and criminally negligent safety monitor in the vehicle. But, they failed too ensure the safety monitor was monitoring the safety and failed to give her a work environment suitable to maintaining a level of awareness required for the task.

    21. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      When it comes to money, everyone *is* corrupt. I haven't seen valid counter examples.

    22. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 1

      That does not excuse crossing the street where you shouldn't. Are crosswalks to much work to use?

    23. Re: Guess who's getting a big contribution by Type44Q · · Score: 1

      But stupidity is not a crime.

      Yeah except that "stupidity" wasn't the event which occurred; it was an aspect of it. Criminal negligence was another aspect of it.

    24. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Yes! Crosswalks exist to as a tool so that pedestrians can travel to their destination like everyone else, when selfish pricks in SUVs won't let them cross the road legally at unsignalized intersections.

      At least in Ontario pedestrians are not required to cross at a signalized intersection unless they are standing next to it. And when they do cross a road with reasonable care they have the legal right of way while crossing.

    25. Re: Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Yes! Crosswalks exist to as a tool so that pedestrians can travel to their destination like everyone else, when selfish pricks in SUVs won't let them cross the road legally at unsignalized intersections.

      At least in Ontario pedestrians are not required to cross at a signalized intersection unless they are standing next to it. And when they do cross a road with reasonable care they have the legal right of way while crossing.

      In my city a pedestrian can legally cross at any intersection unless a sign explicitly prohibits it. In an unmarked intersection, the onus is on the pedestrian to make sure it is safe to cross. However, jaywalking is still a crime.

    26. Re:Guess who's getting a big contribution by HiThere · · Score: 1

      And the threat of "vehicular manslaughter" charges?

      The "backup driver" is in a totally impossible position. No one except an experienced meditator of certain varieties (some kinds of zen, some kinds of "awareness" meditation) could maintain attention in that kind of situation. And there aren't many of those. (In fact, I'm just assuming that those people could maintain awareness. It could be hype.) Most people in that kind of extremely boring position will space out in one way or another. Many of the ways, admittedly, less open to external observation that watching a movie. But people have killed themselves under "highway hypnosis", and that was while actually driving, not just watching the road.

      Some lab tests have shown that in less extreme circumstances it can take a person about 5 seconds to decide to take control, evaluate what they should do, and start doing it. So "backup driver" is a concept flawed from the very beginning.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    27. Re:Guess who's getting a big contribution by Anonymous Coward · · Score: 0

      Ive watched a fishing rod for 8 straight hours, waiting for 3-5 bites all day. Not talking, just thinking and sitting. Never missed a bite (checked my bait every hour or so and no teeth marks).

      Its possible, but I'm sure 90% of people couldn't do it. Some of our brains just work like that.

    28. Re:Guess who's getting a big contribution by HiThere · · Score: 1

      Watching a fishing rod doesn't require correct evaluation of a complex rapidly changing situation within 5 seconds. Not comparable. You can space out frequently while watching a fishing rod and never have it cause a calamity.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  2. Hey Gay BeauHD by Anonymous Coward · · Score: 0

    Why don't you get a real job? You make Slashdot SUCK.

  3. Trump crashes ship of state going wrong way! by Anonymous Coward · · Score: 0

    Republican police called the incident "entirely avoidable."

  4. wonder how they sold it to the backup driver by Anonymous Coward · · Score: 0

    how involve can they be?

  5. Solution by Anonymous Coward · · Score: 0

    Chuck the robot car in jail and make it repay its debt to society!

  6. Uber Was Gonna Goto Jail by Anonymous Coward · · Score: 0

    A special jail for corporate entities who are criminally liable. :rolleyes: bwahahaha

    Just take the settlement check and shuddup already.

    1. Re:Uber Was Gonna Goto Jail by Narcocide · · Score: 1

      There's no settlement check. She's dead.

    2. Re:Uber Was Gonna Goto Jail by Anonymous Coward · · Score: 0
  7. Intent it's required by Anonymous Coward · · Score: 0

    For following the law? Not many Republicans then.

  8. Re: Huh? by Anonymous Coward · · Score: 0

    That is precisely what they are there for. Every autonomous vehicle will need a human for backup. That human doesn't need as much training as they normally would. They just need to be able to know how and when to take over when needed.

    Cheaper drivers mean lower shipping costs. Having humans in place means having scapegoats in case of failure. And no matter what anyone tells you, the moment a truly AI vehicle has a serious crash, the company behind it will be facing serious litigation. No one else responsible, no one else to pass the buck off to, than the creator of the AI.

    That's part of the reason why it is such a joke. At least compared to the marketting hype.

  9. Corporate Collectivism by nickmalthus · · Score: 4, Insightful

    Arizona wants Uber investment dollars so they would gladly scape goat an Uber employee while giving the company a mulligan. Reminds me of the Arab Bank Supreme Court decision last year where the court dismissed a lawsuit against a foreign company that funded terrorism because the precedent would be bad for business. The legal partiality for the corporate person over the individual is becoming more and more apparent.

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be-T J
    1. Re:Corporate Collectivism by thegarbz · · Score: 2

      Arizona wants Uber investment dollars so they would gladly scape goat an Uber employee while giving the company a mulligan.

      To be clear are you saying you or anyone else in their right mind would not scape goat someone being paid for a task who instead decided to show up to work, kick back and watch TV instead? All the while actually causing your company to operate outside it's legally approved framework for which the person was employed in the first place?

      That doesn't sound like a scape goat to me, that sounds like blaming someone who utterly failed to do their job.

  10. Re: Huh? by Anonymous Coward · · Score: 0

    I think that you are referring to Maximum Homerdrive

  11. Scapegoat? by virtig01 · · Score: 4, Insightful

    Human drivers are liable for breaking traffic laws when using company-owned vehicles. This isn't new. Just because this vehicle was testing autonomous driving doesn't mean the human sitting inside is exempt from liability. She had one job while sitting in that car, and it wasn't watching videos on her phone.

    Secondly, it was found that Uber isn't criminally liable; they could still be hit with a civil suit.

    1. Re:Scapegoat? by Anonymous Coward · · Score: 1

      She had one job while sitting in that car, and it wasn't watching videos on her phone.

      Both human and machine were at fault, but only the human is punished. This is BS justice. How much did Uber pay to get away scot-free?

      Little guys have to follow the law; the big guys are exempt from following the law.

    2. Re:Scapegoat? by Anonymous Coward · · Score: 2, Interesting
    3. Re:Scapegoat? by Anonymous Coward · · Score: 0

      What would a civil suit look like? Like what would be the law they would sue on? Just curious.

    4. Re:Scapegoat? by Anonymous Coward · · Score: 0

      General liability. Their car, their driver. No different than if you were texting and ran into a jaywalker due to your inattention. Lighting in that area was pretty good (it appears the initial videos from the self-driving camera were misleading in that the exposure appears to be off) multiple people drove through that stretch the next day at about the same time and posted the video. Up to and including the impact area, lighting was very good. I don't know if Arizona has "deep pocket" laws - if so, even if the driver was only 1% liable, they be held 100% financially liable.

      However, I believe Uber reached a settlement with the women's family (who were not close to her apparently) very quickly. So, it's not clear who else would have standing to sue for her death - she appeared to be a virtually homeless drug addict so unless she owed some other homeless person some more BJs for drugs she had purchased on credit, there's likely no one who can show damages.

    5. Re:Scapegoat? by Ly4 · · Score: 1

      The family settled with Uber a couple of weeks after the crash - a civil suit is unlikely:
      https://www.azcentral.com/stor...

    6. Re: Scapegoat? by Anonymous Coward · · Score: 0

      The machine was expected to potentially fault. Hence why it was being tested in this particular area that accepts the risks under certain conditions, and why someone was being paid to jump on the brakes in case of a fault.

    7. Re: Scapegoat? by Anonymous Coward · · Score: 0

      "(it appears the initial videos from the self-driving camera were misleading in that the exposure appears to be off)"

      This wasn't an accident.

    8. Re: Scapegoat? by Anonymous Coward · · Score: 0

      Are you suggesting that the tranny in the car was trying to murder the meth-head crossing the road?

    9. Re:Scapegoat? by fluffernutter · · Score: 1

      Human drivers are liable for breaking traffic laws when using company-owned vehicles.

      Sure, my dad had a company-owned vehicle and he was responsible for speeding tickets in it. But you know what? Not once did his company tell him how to drive or take the steering wheel or accelerator from his control. It changes the came drastically when that happens.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    10. Re:Scapegoat? by coofercat · · Score: 1

      I agree - IMHO, a 'backup driver' should be able to see what the AI is 'thinking'. That is, it should be saying "road clear ahead" at the time of the crash. If it were, and the driver took no action (which she didn't), then she's liable. Knowing Uber's somewhat slap-dash approach to rules, I'll bet the car had no readout that was saying what the AI was up to at the time of the crash though.

      If the car's just trundling along, then there's no reason for the human to do much about it - after all, it might swerve at the last minute, it might brake in a moment, or whatever else - none of which require human intervention. After all, this is a car that's supposed to be safe on the roads, right? Otherwise, why was it ever allowed off the test track? If it wasn't about to avert disaster, then it shouldn't be there in the first place - or it should be determining that it's a situation outside of its operating parameters and be asking for human oversight.

      IANAL, much less and American one, but I'd imagine that there are plenty of ways to deflect blame from the human onto Uber and whomever issues the licenses for them to drive on the roads. It might not lead to a complete aquittal, but it should reduce any punishment pretty considerably. Uber may not be criminal liable (which I think is a flawed decision to arrive at without the human going on trial), but it's still liable in some sense.

      Either way, Uber's going to struggle to get any more 'backup drivers' behind the wheel for the foreseeable.

    11. Re:Scapegoat? by terrycarlino · · Score: 1

      The settlement was fast because it was found that the woman was high on drugs and crossing illegally. The family knew that if they took it to court they would probably lose. Uber didn't want the bad publicity so they offered up enough to keep the family quiet.

      I'm familiar with these kinds of pedestrians. They cross the street , in the dark, while wearing dark clothes, pushing (or even riding) a bicycle which has no reflectors or running lights and then step right in front of the lights of the oncoming vehicle, knowing that even though they are 100% in the wrong the driver will have to stop so they don't kill them. Hopefully not getting rear ended.

      The safety monitor was in the wrong because they were not doing their job. Uber was in the clear because they had a safety monitor to act as a backup to their experimental control system.

    12. Re:Scapegoat? by Anonymous Coward · · Score: 0

      Drivers aren't often found criminally liable in the death of a pedestrian when the pedestrian is somewhere illegally unless the driver was operating the vehicle in a negligent fashion. That's the only reason any criminal charges might come forth. The safety driver, in the course of performing her job duties, was behaving negligently.

    13. Re: Scapegoat? by The-Ixian · · Score: 3, Informative

      Did the person killed accept that risk?

      Experiments like this should not be allowed on public roads.

      It's the same thing as putting up an automated gun turret on a public street set to only shoot bad guys..... well, it's an experiment but we are pretty sure it won't shoot any good people.... We had a guy watching the monitor with a button to prevent shooting people the wrong people....

      --
      My eyes reflect the stars and a smile lights up my face.
    14. Re: Scapegoat? by Anonymous Coward · · Score: 1

      Yes, they did accept the risk, by crossing the road not at an intersection in the face of oncoming traffic. Did they think it was a likely outcome? No.

    15. Re: Scapegoat? by glenebob · · Score: 1

      Yes, they did accept the risk, by crossing the road not at an intersection in the face of oncoming traffic. Did they think it was a likely outcome? No.

      The pedestrian certainly shares some of the blame, it would be very hard to argue otherwise. But it simply isn't relevant. Based on the dash cam video, the collision was precisely 100% avoidable.

    16. Re:Scapegoat? by Anonymous Coward · · Score: 0

      So now we know how accidents with the auto-cars will end.
      The owner of the car or the person sitting behind the wheel will be charged.
      Any bugs, design flaws or poor fill in the blank and the corps will walk.

    17. Re: Scapegoat? by Kjella · · Score: 1

      Did the person killed accept that risk?

      Personally no. Of course she didn't get any direct say in the qualifications for getting a driver's license, what cars are road worthy, penalties for bad driving, medical requirements to keep you license or anything else either. Was there a legal process enacted by a democratically elected institution? Yes. Should there be? Good question, but it's not like they need individual approval.

      --
      Live today, because you never know what tomorrow brings
    18. Re:Scapegoat? by HiThere · · Score: 1

      But that "safety monitor" had a job that is impossible to successfully execute if needed. Sorry, but "impossible" is the correct term unless there are at least 5 seconds available for task switch-over. (Probably more. The lab experiments were rather idealized.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re: Scapegoat? by Cederic · · Score: 1

      The 'not an accident' comment was likely directed at the 'video footage portrayed a scene with far less light than was actually available' attempt by Uber to claim that this highly avoidable incident was unavoidable.

    20. Re:Scapegoat? by dougmc · · Score: 1

      Secondly, it was found that Uber isn't criminally liable; they could still be hit with a civil suit.

      Honestly, minus some aggravating factor such as driving drunk, drag racing or being involved in a high-speed chase with the police, drivers are almost never charged criminally for motor vehicle crashes, even when somebody dies.

      At most they will get a traffic ticket -- and even that is kind of iffy, as the police will often refrain from giving a ticket until their investigation is over, and once the investigation is over they often don't follow through and give out those tickets.

      So ... this result is expected.

    21. Re: Scapegoat? by dougmc · · Score: 1

      Experiments like this should not be allowed on public roads.

      Every new teenage driver is an experiment in driving.

      And their insurance rates reflect this.

  12. Big money by Anonymous Coward · · Score: 0

    Big money goes around the world
    Big money underground
    Big money got a mighty voice
    Big money make no sound
    Big money pull a million strings
    Big money hold the prize
    Big money weave a mighty web
    Big money draw the flies

    Mmmmm...hogfat.

  13. back-up driver needs to get source code and logs by Joe_Dragon · · Score: 1

    back-up driver needs to get source code and logs if they go to CRIMINAL COURT. and if they try any of the NDA / EULA BS then YOU MUST ACQUIT!

  14. too many subcontractors to just blame uber. by Joe_Dragon · · Score: 1

    too many subcontractors to just blame uber.

    1. Re: too many subcontractors to just blame uber. by Anonymous Coward · · Score: 0

      You can't tell me with that many engineers and scientists, Uner corporate wasn't aware of how far away true autonomous vehicles are? As someone who works a lot with remote sensing technology and spatiotemporal data processing, I know I would have told them driving on the streets was pretty irresponsible. A safety driver was probably the legal compromise Uber decided as a liability insurance policy to pass the blame to on such an event they already knew was going to occur.

      I drive a good bit and frequently use cruise control on interstates for long trips which allows me to shut the feature on/off quickly in several ways, but it primarily relies on me as the "safety driver" to disable it. When there's reasonable traffic (other obstacles), it's far too dangerous to use on the interstate at reasonable speeds. To use it safely, I need some assurance that there are a reasonable few other moving objects that I can actively track and anticipate their motion. As the total objects increase, my ability to actively track objects for a safe level braking action diminishes due to cognative load and reaches a threshold where I need to use the accelerator preemptively to the braking system to combine reducing acceleration and applied braking to most safely manage the vehicle. The other option is to decrease overall speed allowing more processing time but that's dangerous on the interstate.

      I couldn't imagine using cruise control inside a city with a large amount of pedestrians, it's unreasonable to think I can react fast enough to disable it with all of the moving objects. I can't imagine the safety driver could actively brake in time either. Its irresponsible to have such driving mechanisms in use inside a city and the liability should fall on those who decided to turn, what is effectively a more complex "cruise control," on in the streets.

      Even fully aware, it would be difficult for the safety driver to safely drive while also managing a complex autonomous vehicle system. Now, Uber's cruise control is far more complex and is able to offload more of the cognitative load of the driver to the sensor and its data processing system but at the same time, that means the responsibility for reacting is also passed along to said system.

    2. Re:too many subcontractors to just blame uber. by HiThere · · Score: 1

      That's correct. You should blame every company that relies on a "backup driver" approach. That is an approach guaranteed to fail. Well, guaranteed to fail unless you can always guarantee at least a 5 second switch-over time period. The cars that pull over and stop are doing it reasonably. Any approach that relies on a human "driver" maintaining attention and readiness to take over while not exercising any control is guaranteed to fail. Even rested drivers in a boring environment are subject to "highway hypnosis", and that's when their life is on the line and they know it.

      I think all technical experts in the field have decided that the backup driver idea is a non-starter. But this is not always accepted by management. (I'm not an expert in that field, but public reports have been pretty convincing.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  15. Uber is absolutely liable. by Anonymous Coward · · Score: 0

    I interviewed at their ATG and the stuff out of the software lead's mouth were terrifying. More people are going to die via Uber.

    They think the TUV (~German NTSB) is a bunch of academics that don't know what they're talking about. I asked explicitly about HIL testing (dSpace sells computer vision testing benches).

    This software shouldn't have made it off the bench. They're chasing profit and first to market and relying on the 'driver' to be both a calibration engineer and a failsafe.

    The NTSB should start digging around their PA offices, IMHO.

    1. Re:Uber is absolutely liable. by Mr.+Dollar+Ton · · Score: 1

      NTSB will "start digging" when an Audi or a Toyota is crashed by its driver, and "AI" is blamed. As long as it is a symbolic American company, no, no sir, they have nothing to worry about.

    2. Re:Uber is absolutely liable. by Anonymous Coward · · Score: 0

      NTSB will "start digging" when an Audi or a Toyota is crashed by its driver, and "AI" is blamed. As long as it is a symbolic American company, no, no sir, they have nothing to worry about.

      When it comes to AI, automation, or self-driving vehicles, it won't matter the violation. Companies will get away with it, because there is far too much at stake to stop these technologies from crashing through the barrier of common sense that might prevent or delay the technology.

      In other words, what the fuck did you expect to read regarding a death related to self-driving cars from a major US company...that they would actually be held liable or responsible for their fuck-ups? That we might pull our head out of our asses and realize human lives are at stake and we need to get this right by taking our time? Yeah right.

    3. Re:Uber is absolutely liable. by fluffernutter · · Score: 1

      America, the land of the free..... to commit crimes and profit.

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

      But only the side you don't like, right?

  16. Hell no. Uber is 100% to blame. by Anonymous Coward · · Score: 0

    This will ALWAYS happen with autonomous driving.

    Time for Uber to pay up.

    A $100 million fine sounds reasonable to me.

    1. Re:Hell no. Uber is 100% to blame. by Anonymous Coward · · Score: 0

      For a person walking on the road? Perhaps rethink your extreme view.

  17. I'll believe corporations are people . . . by Frank+Burly · · Score: 0

    . . . when Republicans try to execute one.

    As I recall, the police already found that the dead pedestrian was at fault. I remember because I disagreed with that finding. But I also disagree with letting the corporation off the hook while intimating that the "backup driver" might be prosecuted.

    Uber's self-driving functionality worked well enough that few people would be able to remain vigilant behind the wheel for an extended period of time. It worked well enough that the driver felt comfortable entrusting her own life to the system. I'm sure prosecutors can prove all the elements of some charge beyond a reasonable doubt, but I don't think this woman should be criminally sanctioned for what is the literally-unprecedented failure of an autonomous vehicle resulting in human death.

    I would make an exception if the crime was something non-stigmatizing like using a cell phone while driving, because a misdemeanor conviction should make it much easier for the victim's family to win a lawsuit against Uber without ruining the driver's life.

    1. Re:I'll believe corporations are people . . . by phantomfive · · Score: 1

      when Republicans try to execute one.

      They tried pretty hard with Solyndra. At least, they danced on its grave.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:I'll believe corporations are people . . . by Anonymous Coward · · Score: 0

      If you can't handle the task assigned to you you should decline or quit. This idiot driver instead decided to watch TV while operating a dangerous, experiential vehicle. If you can't sit for a few hours watching the scenery go by you need to deal with your addictions. Not being able to handle being board for a few minutes is not healthy. Her actions directly resulted in the death.

      It wasn't an unprecedented failure of an autonomous vehicle, it was a configuration choice. Uber was having issues with the emergency breaking interfering with their testing so they turned it off. The emergency breaking detected the person but didn't break because it was disabled. Uber should be help to something for disabling the safety feature. You can bet your life if real autonomous vehicles get mass produced and you disable a security feature then run someone over that you'll get hit with hacking and manslaughter charges. Something similar should happen to Uber, especially since they only went with one safety driver to save costs. As you say, it's common sense that someone will get board so there should be two testers. Other companies which produce critical, life saving or life taking tech go through great pains/costs to ensure everything is done safely. Uber is a scummy company in every way. Their actions and lack of common sense foresight directly resulted in the death.

      The lady walking in the street at night near a poorly designed crosswalk also directly resulted in her death. There's plenty of blame to go around. Everyone should be punished. Anyone of them could have avoided the death.

    3. Re:I'll believe corporations are people . . . by Anonymous Coward · · Score: 0

      Holy grammar and spelling, Batman.

  18. If Uber Not Liable Now by Anonymous Coward · · Score: 0

    who will be liable if an autonomous car that's put into operation without a backup safety driver injures or kills someone?

    1. Re:If Uber Not Liable Now by Anonymous Coward · · Score: 0

      The passenger would be liable, based on the logic to acquit Uber here.

  19. airline pilot's errors do not have Criminal procee by Joe_Dragon · · Score: 4, Insightful

    airline pilot's errors do not have Criminal proceedings most of the time. So sticking this on a under trained backup driver with poor systems in place + really bad video that looks like was made to make uber look good is very bad.

  20. Re:Huh? by Euler · · Score: 4, Interesting

    This is the moment, this is the checkpoint where the hype meets reality. You do not want to accept the job of 'backup driver' because you are basically taking the blame, and it doesn't pay enough. And the driverless car isn't able to do this task on its own without a driver, per the evidence of this case. The law will not protect you, per this case. Does the 'backup driver' have sufficient control to avoid dangerous situations in the first place? Are there traps they can't avoid even if they were not on their phone? Did the company sufficiently explain to the driver that they were not actually in reserve for backup duty, but that they were from the first moment the legal and primary operator of that vehicle? If not, I could understand why they were on their phone; waiting for some timely and orderly signal to pay attention and resume operation of the vehicle. If I was on the jury for that individual, I would need to know that information. This is new and unproven technology, and quite-frankly, the state allowed it. The state suddenly refers this case for prosecution of the individual?

    Even if this driver wasn't watching their phone, there is a cognitive disconnect between the autopilot and the 'backup driver' that is supposed to suddenly become situationally aware in a split second. There are numerous tragedies in trains, and planes already to demonstrate this problem; and those are cases that are actually simpler from an automation perspective. Additionally, Tesla (inaptly-named ) Autopilot has its history.

    Anybody's guess who would be responsible the moment that some states allow a truly driverless car. Will some hapless engineer be responsible? the person who assembled the car? The CEO? The person who hailed the car?

    Maybe Google or Tesla, or xyz is a different case, but I doubt it. I suspect they will suffer from the same hype of delivering 80% of the solution and claim victory (or perpetually just 2 years away.) The last 19.999% to ensure reasonable safety and availability under all conditions may be nearly impossible and I'm not hearing much talk about it. Maybe in constrained scenarios it might be better odds, but who is responsible for those decisions?

    Is lesser cases, who gets the traffic ticket when a driverless car exceeds the speed limit? (Do driverless cars pull-over if a cop car is behind them?) Will people pay for cars that refuse to speed?

  21. Blame it on AI by wolfheart111 · · Score: 1

    when they become conscious, we can sue them :)

    --
    [($)]
  22. Drivers are like Cops.Getting Away With It Is Easy by Anonymous Coward · · Score: 0

    Just say you didn't see the old lady/cyclist/kid in the road, or that you feared for your life. Gets you off Every (every?) Every time.

    And it helps if you aim at the dark-skinned ones.

    ooo, calm down, trumper. truth bites!

  23. Re:Huh? by Anonymous Coward · · Score: 0

    Worth noting somewhere in here that Uber intentionally disabled all object-detection stoppage in order to "tune for a smoother ride" so the basic automatic braking was never implemented at all. On top of that, who is responsible for enforcing the very basic attention to the job that the drivers should require?

  24. Re:Huh? by KingMotley · · Score: 0

    Anybody's guess who would be responsible the moment that some states allow a truly driverless car. Will some hapless engineer be responsible? the person who assembled the car? The CEO? The person who hailed the car?

    How about the person who ran out in front of a car? Would this be any different if the person ran out in front of a train?

  25. Re:Huh? by slack_justyb · · Score: 1, Troll

    You do not want to accept the job of 'backup driver' because you are basically taking the blame

    Hold up. While it's tempting to think this case is the bar we're setting. Consider the released footage of the driver for a second. Imagine any industry where you look away from a machine in motion for that long, yeah, you're at fault for your reckless behavior. Like if I was watching a show on my phone while operating a table saw, yeah, I really wouldn't have a strong case for an injury lawsuit.

    there is a cognitive disconnect between the autopilot and the 'backup driver' that is supposed to suddenly become situationally aware in a split second

    Bull fucking shit. It's about as disconnected as using cruise control and asking people to keep tabs on how fast or slow traffic is going. Just keep your goddamn eyes on the fucking road, it's not brain surgery.

    Anybody's guess who would be responsible the moment that some states allow a truly driverless car

    No, there's no guessing, because when we get to that point, we'll have laws that outline who is at fault and the kinds of insurance a company needs to operate a fully driverless machine. I get we like to rag on politicians here at Slashdot, but you can't deny there's going to be dollar signs that pop up into someone's eyes about regulating fully automatic machines interacting with the general public. If anything greed will put short work to wild-wild-west style self-driving cars.

    Basically the rest of your comment is "We don't know ABC..." Yeah, we don't but we can base it off of what we do know and go from there. Your comment is the Webster's definition of Luddite. No one has every answer, that's not a reason to stop doing anything. Yeah, there's going to be complication and people will get killed along the way, add that to the pile of 103 folks who died today in the US driving somewhere or the 15,000 people who were involved in some sort of highway collision. I mean shit dude, if we didn't do something simply because we didn't have all the answers upfront, fuck, we'd all be dead of preventable diseases. What is the point of your drivel here? That something new is complicated? Wow, big reveal there.

  26. Re: Huh? by Anonymous Coward · · Score: 0

    I disagree with your point about cruise control. It's actually quite difficult to smoothly come in and out from cruise control on any cruise control because you're not already actively driving.

    Similarly, one of my big fears of things like adaptive cruise control is how do you really know it's not working until it's way too late ? If it's keeping you 3 seconds back, do you take over when your car is 2 seconds back ? 1? You're already in a dangerous position.

    I don't mind regular CC because it's basically an extension of myself. Adaptive I can't get used to trusting.

  27. Re:Huh? by mlyle · · Score: 5, Interesting

    > Hold up. While it's tempting to think this case is the bar we're setting. Consider the released footage of the driver for a second. [theguardian.com] Imagine any industry where you look away from a machine in motion for that long, yeah, you're at fault for your reckless behavior. Like if I was watching a show on my phone while operating a table saw, yeah, I really wouldn't have a strong case for an injury lawsuit.

    You have a point, but conversely: people are really, really, really bad at vigilance tasks, where they are supposed to monitor something that almost always goes right, look for something that almost always doesn't appear, etc. Asking someone to be a vigilant backup driver for 4 hours may be a lot harder than driving for 4 hours.

  28. Very convenient for Uber by DrTJ · · Score: 2

    Although the driver definitely deserves criticism for her actions, this ruling is very convenient for Uber.

    This means that they can relax significantly when it comes to the safety of the testing vehicles; if an accident happens, the courts says it's the driver's fault. Uber can sit back and blame the driver. Very handy.

    The court should take into account the hazards posed to the public; if a company tests out new driving technology on public roads where the sole purpose is to disconnect the driver from the driving task, the hazards arising from the driver actually becoming disconnected should be taken into account. Especially, the automotive safety standard (ISO-26262) explicitly states that 'foreseeable misuse' MUST taken into account in the hazard analysis.

    Is 'using the phone in the car while driving' a foreseeable misuse? You bet it is. We have all seen it (and done it). NHTSA has emphasized this in a recent report, saying that this is not only applicable for L3 and L4 AD systems, but even for L2 systems: https://www.nhtsa.gov/sites/nh...

    So, if the hazard analysis identifies this risk, but the company neglects to handle it in such a way that someone gets killed, shouldn't it be held liable? I think so. If the company neglects to perform a proper hazard analysis (i.e. not using established, acknowledged standards and best practice) and therefore misses hazards and therefore have someone killed, shouldn't they be held liable? I think so.

    Ergo; I think Uber needs to be held responsible for this.

    1. Re:Very convenient for Uber by AmiMoJo · · Score: 3, Insightful

      Uber's liability stems from not monitoring their test drivers. It's unlikely that this was the first time she wasn't paying attention, and they have a camera pointed at her but apparently no-one was bothering to review it.

      They could even use a hands-on-wheel detection or gaze detection system like level 2 cars do.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      While the above is likely correct, it is not answering the qusetion regarding criminal liability. Sometimes the Law can be an Ass.

    3. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      Sure seems the issue stems from the fact there are no laws in place to actually cover these situations, therefore there's no criminal liability that can be pushed. The laws currently only focus on the operator of the vehicle.

    4. Re:Very convenient for Uber by thegarbz · · Score: 1

      This means that they can relax significantly when it comes to the safety of the testing vehicles; if an accident happens, the courts says it's the driver's fault.

      Err no, that doesn't follow from this example at all. Uber put a system in place to prevent the accident and the single person wasn't even remotely attempting to do the job they did. This would be no different in any other industry. If I watched TV instead of doing what I got paid to do and someone died I fully expect to be held liable.

      Even if Uber is liable for not installing driver facing "incompetent job slacking" detection cameras in their cars the driver is still 100% at fault.

    5. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      Uber's liability stems from not monitoring their test drivers. It's unlikely that this was the first time she wasn't paying attention, and they have a camera pointed at her but apparently no-one was bothering to review it.

      They could even use a hands-on-wheel detection or gaze detection system like level 2 cars do.

      From what I understand they do have these kinds of automated monitoring in use but they are not quite ready for development. So they also have in place a program where a human oversees the monitoring program and sees what "it" sees. Ironically in this case the employee assigned to monitoring Ms. Vasquez was watching The Voice on his phone.

    6. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      It's unreasonable to ask someone who is not driving to pay close attention to where the car is going 100% of the time. In fact, I'd argue that it's harder to pay attention to the road when you're not controlling the car. When I'm driving, I know all the moves I'm planning to make and look at everything that could affect that decision. A passenger does not have that insight.

      The entire idea of having a backup driver in an autonomous car is idiotic, and the designers should be held liable. If this case puts liability in legal limbo where nobody can be held responsible for an accidental death, self-driving cars should be illegal.

    7. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      And good luck finding someone to be the backup driver. I for one won't be applying for that job!

    8. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      So long as the driver is liable, then I won't bother buying cars with this feature.

      The last thing I want is something that makes driving so un-engaging that I can't concentrate on it, and then to be held liable when something bad happens during a moment of inattention. It is easier to stay focused if I have to keep doing things, and responding to things, in order to control the car.

    9. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      Uber put a system in place to prevent the accident

      Except they didn't. The system Uber put in place was not capable of performing emergency braking or alerting the driver, but worse than that, the Volvo safety functions which may have been able to prevent (or at least mitigate) the accident were either not installed or disabled. Couple this with the over-reliance on the driver's vigilance and you have an almost textbook example of how *not* to conduct an autonomous driving experiment. It seems incredible that Uber carries no liability under the circumstances.

    10. Re:Very convenient for Uber by Anonymous Coward · · Score: 0

      either a human is driving or is not, it seems to me that if most of the time the car drives by itself, then the car IS the one driving. Pretending that the human was driving is simply false, its a total lie. The person wasnt driving, got distracted, and ran over someone, the person was not driving AT ALL

      if you can be watching a movie, and the car is going places, you are NOT driving, you are a kid in the back seat watching a movie, but you are not driving, not even slightly

  29. Re:Huh? by Ichijo · · Score: 1

    there is a cognitive disconnect between the autopilot and the 'backup driver' that is supposed to suddenly become situationally aware in a split second

    Bull fucking shit. It's about as disconnected as using cruise control and asking people to keep tabs on how fast or slow traffic is going. Just keep your goddamn eyes on the fucking road, it's not brain surgery.

    Nice try but we know that if operators are relieved of too much work, their attention will start to drift. And there are other examples of catastrophic consequences of automation.

    These "automation surprises" where nobody knows who's in control are like the old quote, "A man with a watch knows what time it is. A man with two watches is never sure."

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
  30. Liabilty by stealth_finger · · Score: 3, Insightful

    You programmed it, you built it, you set it up, you put it on the roads. Not your fault though.

    --
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    1. Re:Liabilty by jittles · · Score: 2

      You programmed it, you built it, you set it up, you put it on the roads. Not your fault though.

      It certainly could have done better but the human that was watching the movie inside the vehicle was supposed to be there to prevent this kind of catastrophe. Whether it is reasonable to expect a person to sit there and do nothing for hours at a time and then act in an emergency is another question that ought to be addressed. But I am sure that Uber would be held civilly liable for this, even if the criminal justice system has decided not to do anything.

      .

    2. Re:Liabilty by Anonymous Coward · · Score: 0

      Yet another proof you can wipe your ass with your constitution bs. Only thing that works are $$$.

    3. Re:Liabilty by sphealey · · Score: 1

      The person who made the decision to disable the base vehicle's collision detection/automatic braking system was supposed to be paying attention to his job. Whether it would be reasonable to expect a person to sit and do nothing while a colossally stupid design decision was made that deliberately put the non-Uber-stockholder public at risk is another question that ought to be addressed.

    4. Re:Liabilty by thegarbz · · Score: 1

      You left out the bit where the person who you paid money to do something then proceeded to kill someone.

    5. Re:Liabilty by 140Mandak262Jamuna · · Score: 1
      1) Program, build, set up and and let loose on the roads

      2) Put a minimum wage human on the driver seat to take the fall,.

      ? 3) ...

      4) Profit.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    6. Re:Liabilty by stealth_finger · · Score: 1

      You left out the bit where the person who you paid money to do something then proceeded to kill someone.

      Who was driving the car? Who disabled the auto stop? Who approved this person to be the safety backup and what was their training? Who let her in the car with her phone in the first place? It's not like this "driver" took over control and purposefully ran someone over. From the video she looked to paying about as much attention as any passenger expecting the car to do what its been doing for however long its been going which is less than ideal to be sure but to say that makes her solely responsible is just plain wrong. Also from the video the time you first see the pedestrian to impact is a very short amount of time. obviously the real conditions were different but they are saying the car was aware for like 6 seconds or so and thats with IR vision which should have been plenty of time for it to do something before the need for the backup driver even arises. Any way you cut it, Uber screwed the pooch. But they also have shitloads more cash than this scapegoat so guess who's going to take the hit?

      --
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    7. Re:Liabilty by Anonymous Coward · · Score: 0

      The software engineers killed someone. The driver failed to stop the software engineers from killing someone.

      The engineers deserve to be put in prison for murder. The driver deserves to be put in prison for manslaughter.

    8. Re:Liabilty by Cederic · · Score: 1

      "Please disable the 'automatic stop' feature"
      "That sounds like a bad idea"
      "We have other automated systems that will stop the vehicle, but anyway there's a human at the wheel"

      Sorry but every fucking car I've driven has no 'automatic stop' capability, they've all relied on the human behind the wheel. So by your shitty idiotic stupid senseless logic every fucking car designer ever is a murderer.

      If you hadn't guessed already, I disagree with you.

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

      Who was driving the car?

      The driver. Legally as required by the government during this test.
      The driver. As employed by Uber to oversee the machine under test.

      Who approved this person to be the safety backup and what was their training?

      Irrelevant given the evidence that it wasn't training which was lacking. Or are you suggesting everyone in the world do mandatory "don't watch TV when you're on the clock" training? That's just stupid.

      Who let her in the car with her phone in the first place?

      God did. That's where you're heading with this right? I mean by going back throughout all the irrelevant things that lead up this incident you'll eventually get to "First there was nothing and then God created the universe" right?

    10. Re:Liabilty by stealth_finger · · Score: 1

      God did. That's where you're heading with this right? I mean by going back throughout all the irrelevant things that lead up this incident you'll eventually get to "First there was nothing and then God created the universe" right?

      No, I was heading in the direction of reasonable oversight and good management but you take it where you want.

      --
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  31. Re:Huh? by stealth_finger · · Score: 1

    Bull fucking shit. It's about as disconnected as using cruise control and asking people to keep tabs on how fast or slow traffic is going. Just keep your goddamn eyes on the fucking road, it's not brain surgery.

    Then why not just drive yourself? I mean if you have to pay as much attention to a vehicle you are not in primary control of then just take primary control. It's a lot easier to remain focused on the road when you are the driver and not the passenger.

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  32. Re:back-up driver needs to get source code and log by stealth_finger · · Score: 3, Insightful

    if they try any of the NDA / EULA BS then YOU MUST ACQUIT!

    But what if Chewbacca lives on Endor?

    --
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  33. autopilot is useless by Anonymous Coward · · Score: 0

    If you buy an autopilot car, it's because you don't want to hassle about trafic issues. If, anyway you must watch on the road and drive accordingly, the main use of an autopilot is blown away. So don't buy an autopilot car!

  34. Interesting how blame reverts to human by Anonymous Coward · · Score: 0

    I wonder how this will play out down the road? Will the human always be to blame when automation fails? So the vehicle's self driving system was the primary driver at the time, the driver was simply a backup. Its like blaming the passenger when the driver crashes a car.

  35. Re: Huh? by c6gunner · · Score: 1

    Worth noting somewhere in here that Uber intentionally disabled all object-detection stoppage in order to "tune for a smoother ride" so the basic automatic braking was never implemented at all.

    Wrong; they disabled the manufacturers auto-breaking system and replaced it with one of their lown.

    That would be the driver.

  36. Drive recorder by spinitch · · Score: 3, Interesting

    Did Uber consider monitoring their backup drivers? With all the snazzy tech for a self driving car they could not fathom a low paid temporary staff might try to pass the time by doing something else besides paying attention? Basic AI could alert Uber their driver not paying attention. Seems like this would be a prerequisite before letting a car loose.

  37. Re:Huh? by Anonymous Coward · · Score: 0

    These "automation surprises" where nobody knows who's in control

    That would be substantially more convincing of the links corresponded to the points you were trying to make, and were not completely unrelated.

  38. Re: Huh? by fluffernutter · · Score: 1

    Yes because when a pilot flies an airplane with autopilot "they don't need as much training as they normally would".

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  39. LArge corporation by fluffernutter · · Score: 1

    A person would have at least lost their license to drive. Just saying. Again large corporation gets off scott free. I look forward to a future where millions of self-driving car passengers with no control over the car get held responsible for them just like getting held responsible for an accident in a taxi or a bus today. That's going to be awesome.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  40. Re: airline pilot's errors do not have Criminal pr by c6gunner · · Score: 4, Insightful

    When airline pilots make an error worth prosecuting, there is generally not enough left of them to identify, let alone prosecute.

    Also there is a fucking world of difference between "made an error" and "decided to watch a TV show instead of working".

  41. Re:Huh? by thegarbz · · Score: 1

    You do not want to accept the job of 'backup driver' because you are basically taking the blame

    Not at all. The driver didn't get the blame because a self driving Uber killed someone or because they weren't able to avoid an accident. The driver got the blame because they didn't do their job at all while at the same time also illegally operating a motor vehicle.

    If you want to spend all day watching TV then maybe you should should become a TV critic rather than an Uber backup driver.

  42. Re:airline pilot's errors do not have Criminal pro by thegarbz · · Score: 3, Interesting

    airline pilot's errors do not have Criminal proceedings most of the time.

    Only because airline pilots often die due to their mistakes. And calling this a "pilot error" is disingenuous. Sorry wrong word. err. No it's absolutely fucking stupid. The person didn't make an error, they outright were not attempting to remotely do the job they were being paid to do all while operating a motor vehicle illegally.

    Even if Uber was 100% liable the driver should still be charged with manslaughter for their actions.

  43. Re:Huh? by angel'o'sphere · · Score: 3, Informative

    I think the problem is the idiotic mentality to hire the cheapest.
    Autonomous cars in Germany usually have 2 or 3 passengers, one the obvious back up driver, and the others are engineers. They keep each other awake and pay attention and usually have diagnostic screens active and a laptop connected to the car system.

    --
    Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
  44. Re:back-up driver needs to get source code and log by Joe_Dragon · · Score: 1

    put the trail on hold till he get's hear.

  45. Re:Huh? by Viol8 · · Score: 1

    Bad analogy - you're not the backup operator for your table saw , it doesn't operate itself , you have to operate it therefore you're 100% in charge of it. However if it was an automated saw and all you were supposed to do was tell it what to cut and it did it and you were there just to sit and watch it for hours then it suddenly goes wrong and cuts someone in half for the 30 seconds you're not watching it then would you really be at fault?

  46. Re:Huh? by Anonymous Coward · · Score: 0

    Very good point. Also, the whole point of an automated driver (if we can pretend for a moment that there is one) is so that the person in the car doesn't have to pay attention.

    It's quite a pickle. If the driver is responsible then the auto-driving feature is pointless. If the driver is not responsible, then what? We start suing machines? Will it be the car maker's fault? No. You were responsible to read the EULA, after all. The part where it says they're not responsible will no doubt be right below where it says they will collect data about you while you drive and that you are not allowed to remove or obstruct the microphones.

    Safe trip. :)

  47. Moive IDEA by Joe_Dragon · · Score: 1

    Let's have where some one loses there kid in a self driving car (with no manual control) crash and they are held criminally liable and go to prison.
    In prison they learn how to be an criminal FF to them getting out and after the life of mc job's and no health care they so I had it better in lock up so they hunt the down the CEO of the self driving car corp and KILL there son SAYING NOW YOU KNOW WHAT IT'S LIKE TO LOSE YOUR KID!!! AND I DON'T GIVE A DAM LOCK ME UP I LIKED IT.

  48. Re: airline pilot's errors do not have Criminal pr by Anonymous Coward · · Score: 0

    The software developers are 100% responsible for the accident.
    Put the software developers to death I say. Everytime a software developer works on something against the people, like Internet ads or tracking for example, they should be strung up like the traitors they are.

  49. Re: Huh? by Anonymous Coward · · Score: 0

    I disagree with your point about cruise control. It's actually quite difficult to smoothly come in and out from cruise control on any cruise control because you're not already actively driving.

    Similarly, one of my big fears of things like adaptive cruise control is how do you really know it's not working until it's way too late ? If it's keeping you 3 seconds back, do you take over when your car is 2 seconds back ? 1? You're already in a dangerous position.

    I don't mind regular CC because it's basically an extension of myself. Adaptive I can't get used to trusting.

    Cruise Control is for maintaining a consistent vehicle speed, that IS IT. If you can't transition out of cruise control quickly or smoothly enough to avoid a potentially dangerous system then you shouldn't be driving a car. Adaptive cruise control doesn't keep you a specific number of seconds behind a vehicle, it keeps you at a distance range. If you're not able to tell if and when it is working properly then I suggest that you NOT use this feature.

  50. Do Self-Drive Cars Take Driving Tests? by ytene · · Score: 1

    I'm pretty sure (but happy to be corrected) that individual states are responsible for administering the rules that govern whether a self-drive vehicle can be permitted on public roads. I'n not sure where that leaves access to Federally-maintained interstates, however.

    But the real question here concerns "fitness to drive". Today, if you want to drive a vehicle on the road, unsupervised, you have to pass a driving test. You have to be able to demonstrate to an examiner that you can control the vehicle safely, navigate, follow road directions, conduct emergency stops, etc.

    I'm not aware of any state that actually conducts driving examinations of autonomous vehicles. So how, exactly, can the public be given any assurance that the manufacturers of autonomous vehicles are safe? The answer is that states have produced their own set of requirements for autonomous vehicles. I've only read those requirements from California, but they are pretty complex - and, more importantly, there doesn't appear to be much energy or interest in rigorous enforcement.

    This really feels like a loophole in regulatory oversight that is being, if not exploited, then certainly used, by manufacturers of autonomous vehicles. The whole point about having laws and regulations is to stop this sort of accountability from "vanishing down the cracks" between two or more other pieces of regulation. If the prosecutor finds that the authors of the self-drive software are not liable, then safeguards need to be put in place to limit functionality in such a way that it forces the person at the wheel of the vehicle to remain attentive and ready to intercede at a moment's notice.

  51. This is 100% correct by sunking2 · · Score: 1

    The current laws for these tests require an operator. Ultimately it's their responsibility. This finding has 0 precedence to a case that occurs once an attentive driver is no longer a requirement.

    1. Re:This is 100% correct by fluffernutter · · Score: 1

      I compare this to the invention of the washing machine. Back when it was a manual roller, it was your fault if it mangled your clothes. But if you're clothes get mangled in an automatic machine and maintenance isn't a factor, then the responsibility is the manufacturer. The current laws are set up to blame the person who presses the button on the washing machine because the job once used to be manual.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    2. Re:This is 100% correct by fluffernutter · · Score: 1

      your* for the spelling police

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

    I'm curious if this will end up setting precedence in the courts. Sure, a DA deciding to refer isn't a court ruling, but it's heading that way. The question then becomes, if my SDC, with no one in it, kills someone while my car is going to pick up my kid from school, am I liable? I think the answer is yes.

  53. Re:Huh? by cob666 · · Score: 1

    Not at all. The driver didn't get the blame because a self driving Uber killed someone or because they weren't able to avoid an accident. The driver got the blame because they didn't do their job at all while at the same time also illegally operating a motor vehicle.

    You can't have it both ways. A self driving car should not require a driver and conversely, if a driver is required then the car isn't really 'self driving', is it? Uber's job title for these backup drivers is 'Mission Specialist' and I would bet good money that before the accident NONE of those specialists were told outright that they were the legal operator of the vehicle they were babysitting. It's obvious that the software running these self driving cars is nowhere NEAR ready for prime time and they shouldn't be allowed on the street. In fact, Uber now requires 2 mission specialists to be in every self driving car, which makes that moniker even MORE of a joke.

    --
    Do what thou wilt shall be the whole of the Law - Aleister Crowley
  54. Fool Proof by cgfsd · · Score: 1

    The old adage if you think your application is fool proof, set a fool in front of it and they will prove you wrong.
    Same thing applies here.
    I have driven many times in that area at night and people are idiots when it comes to crossing the street.
    Drunk, not paying attention, not using cross walks. Arizona has one of the highest pedestrian deaths in the nation because of stupid people.
    So if people are getting run over by humans on a consistent basis, it makes sense that a computer would run someone over as well.
    This time the fool is in front of the car.

    1. Re:Fool Proof by fluffernutter · · Score: 1

      The old adage if you think your application is fool proof, set a fool in front of it and they will prove you wrong.

      If that's true then automated cars shouldn't be at the public testing point yet. They will need to be as reliable as airplanes, doing things on their own more complex than an airplane. And look at all the rigorous testing and oversight that goes into that. A whole government department with regulations and many eyes to watch over a single plane's movement. That's what we will need from self driving cars.

      The pedestrian was not a fast moving "surprise". The pedestrian was crossing at a highly visible spot and was not seen and the pedestrian always gets the right of way. Pedestrian had a right to assume the car would see them.

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

      Pedestrian had a right to assume the car would see them.

      The law meets physics. I always bet on physics when I cross the street.

      "I had the right of way" Epitaph on a headstone when?

  55. Who the hell IS liable? by Pyramid · · Score: 1

    What an incredibly horrible precedent this sets. Corporations can *literally* get away with murder so long as machines do it.

    --
    ~Any apparent grammatical or typographic errors are caused by defects in your display device.
    1. Re:Who the hell IS liable? by fluffernutter · · Score: 1

      This will bode well for Skynet.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  56. Re:Huh? by mjwx · · Score: 1

    This is the moment, this is the checkpoint where the hype meets reality.

    Yep, but the reality train of pain isn't for the job of backup driver... Its for all the idiots who believe autonomous cars mean they can sit back and watch a movie whilst the car does everything.

    Because you're still in control of the vehicle, this means you're liable for what the vehicle does.

    there is a cognitive disconnect between the autopilot and the 'backup driver' that is supposed to suddenly become situationally aware in a split second.

    This is why autonomous cars won't be allowed for decades, let alone are right around the corner. Machines are a long way from being able to tell a leaf from a child, most do not even take into account the trajectory of a moving object, as was evidenced in the Uber Arizona case. The pedestrian was detected, but it didn't consider it a hazard.

    Anybody's guess who would be responsible the moment that some states allow a truly driverless car.

    Still the driver.

    Its the same as it is today, unless a manufacturing defect with the vehicle can be positively identified the responsibility falls to the individual in control of the vehicle. With an autonomous vehicle the person giving the instructions is still in control from a legal standpoint.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  57. Re:airline pilot's errors do not have Criminal pro by mjwx · · Score: 1

    airline pilot's errors do not have Criminal proceedings most of the time.

    That's because most of the time they don't kill or injure people.

    Same as most driver errors do not have criminal proceedings. For mistakes not including a fatality or serious injury, you're dealing with insurance, not the cops.

    When people die due to pilot error, the pilot is definitely charged... Its rare because if the pilot is making an error big enough to kill a passenger, the pilot is usually killed as well.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  58. Re:airline pilot's errors do not have Criminal pro by Pyramid · · Score: 2

    Pilots bear SOLE responsibility for the operation of their aircraft, even under autopilot, etc. Up to and including failures that should have been caught by pre-flight inspection or following ATC instructions that are dangerous. The Pilot In Command responsible for the safety of the flight and is authorized, expected to verify the condition of their aircraft and deviate from instructions that are potentially dangerous.

    The PIC is essentially GOD of that aircraft and bears all the responsibility.

    --
    ~Any apparent grammatical or typographic errors are caused by defects in your display device.
  59. Re:Huh? by terrycarlino · · Score: 0

    This was an experimental vehicle. You might say that an experimental vehicle should not be on the public roads, but no matter what bar you set for autonomous vehicles at some time there will be a point where you let them on the roads. At that point they will still, by definition be experimental.

    The problem here wasn't that the vehicle was experimental. It was that the safety driver was not doing their job. The only important question here for culpability is: Was the safety backup driver, in the view of a competent person, behaving in a manner that allowed them to do their job or were they negligent? If the answer is no they might be criminally libel.

    Fully autonomous vehicle will not require a backup safety driver, but we are not there yet. The only way we will get there is to allow experimental vehicles on the roads with competent human backup drivers.

    When autonomous vehicles are finally sold to the public the liability will be held by the manufacturers. They will likely turn to insurance companies to cover that liability and bake the cost into the price of the vehicle.

  60. Re:Huh? by terrycarlino · · Score: 1

    Because this was an experimental vehicle. There was no passenger. There was a safety observer who was being paid to stay alert and monitor the car's operation.

    When a fully autonomous vehicle becomes available it will not require someone to monitor it. That's why it will be autonomous and why people will pony up the money for it.

  61. Re:Huh? by terrycarlino · · Score: 1

    It is an experimental self driving car. The only reason to have a "mission specialist" is to monitor the car and ensure that it's experimental control system does not fail and cause damage.

    I would expect that Uber absolutely informed the "mission specialists" they were responsible for the operation of the vehicle, else why have them? There is absolutely no proof they did not.

    You are trying to cover up for the incompetent behavior of the "mission specialist" in question, who was streaming a TV show while they were suppose to be working.

  62. There's a story going around by rsilvergun · · Score: 1

    that Uber disabled safety features to make the ride smoother for a Demo to their CEO and then forgot to turn them back on. It was on Ars.

    I'm not sure how that effects things, but it probably should have been investigated more.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  63. Re:Huh? by terrycarlino · · Score: 1

    Autonomous cars don't have to be better than the beat drivers. They only have to be better than the median drive, which, unfortunately is not a high bar.

    I've seen drivers on their phones totally oblivious to what was happening on the road. Several times I've seen people reading books, newspapers and magazines while driving. People are generally speaking lousy drivers.

    If autonomous cars reduce the number of accidents and the cost to insurance companies they will be on the roads. Only knee jerk emotion will keep them off, and only in some countries. If the U.S. does not develop the technology someone else will and they will garner the benefits.

  64. Re: Huh? by Anonymous Coward · · Score: 0

    The real point of auto driving systems is to generate marketing hype to sell new vehicles, regardless to if it works or not. Companies know they don't have to deliver, they simply need to keep up with competitors.

    "Let the engineers figure it out now, we've already sold it."

  65. Very special net. by 140Mandak262Jamuna · · Score: 1

    The law enforcement is using a very special net. It will catch all the little fish, while letting the big ones escape.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  66. Re:airline pilot's errors do not have Criminal pro by 140Mandak262Jamuna · · Score: 2
    Not always true.

    A Singapore Airline pilot took off on a runway undergoing maintenance. Bulldozers and cranes were on that runway, 2 or 3 km from the starting point. Plane collided with them. They prosecuted him for being negligent.

    France too had prosecuted some pilots for disobeying the safety rules.

    Surprisingly, in the USA, the land of liability litigation, FAA and NTHSB has somehow managed to give immunity to the pilots, as long as they dont cover up anything. As long as every mistake, every violation of protocol is strictly documented, whether it results in an accident/incident or not, there is immunity from prosecution for those mistakes.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  67. I was thinking that. They never had a product, tho by raymorris · · Score: 1

    I also immediately thought of Solyndra and similar green slush fund companies. Of course, Solyndra never sold a product, and nobody ever tried to stop them, so you can't really say anyone killed Solyndra other than their own leadership. I don't know if they actually INTENDED to eventually sell a product, or to just keep taking tax money while repeatedly announcing plans to make solar panels "real soon now". Republicans sure had fun with Obama getting auckered into that, though.

    They took the standard Kickstarter vaporware hype scam up to 11 and Obama went all in. Of course, Kaiser had given Obama almost $100,000 at that point, so I guess Oabma owed him a press conference.

  68. Re:Huh? by Anonymous Coward · · Score: 0

    What if the car avoids hitting a street crossing kindergarten class, by driver you into a tree.
    Which makes sense since this will hurt only the driver, not multiple kids.

  69. Re:I was thinking that. They never had a product, by phantomfive · · Score: 1

    Another one I thought of is Planned Parenthood. Republicans have been trying to kill that for a while.

    --
    "First they came for the slanderers and i said nothing."
  70. Re:Huh? by The-Ixian · · Score: 1

    Obviously the driver has a lot of blame in this and should be punished the same as any other inattentive driver.

    But for Uber to be able to throw the driver to the wolves and take no responsibility is infuriating to me.

    Uber has just as much responsibility in this as the driver because it is their experiment, this wouldn't have happened if they hadn't put that car on the road.

    For the buck to stop at the lowest rung really does not seem right at all.

    --
    My eyes reflect the stars and a smile lights up my face.
  71. Re:Huh? by apoc.famine · · Score: 1

    The problem here wasn't that the vehicle was experimental. It was that the safety driver was not doing their job.

    How do you know that?

    You have no idea what that person was hired to do. You have no idea what that person was trained to do. No idea what Uber told them their job was.

    We both have an idea what the job should have entailed, but that's way different than actually knowing what it did entail. More than likely, if this goes to trial that's going to be the driver's #1 defense.

    If Uber can pull out evidence that the driver was told that it was their responsibility to make sure the car didn't hit anything, and was trained in how to mitigate accidents, the driver is going to be SOL. However, knowing Uber, I'd put good money on that never having happened. Subcontractor of a subcontractor was most likely hired to be a "backup driver", shown how to start the self-driving bit which was pre-programmed, and then turned loose to sit in and dick around on their phone while the car did its thing. "If it can't complete the route, just drive it back."

    If someone hires me to do a job, what they train me to do isn't sufficient to prevent accidents, AND they don't tell me that they've disabled safety devices, that's 100% on them. This is all going to come down to the job description and training, and whether or not Uber made it abundantly clear that they were in charge of the vehicle, or if they were just along for the ride.

    --
    Velociraptor = Distiraptor / Timeraptor
  72. Oh definitely by raymorris · · Score: 1

    That's for sure.

    Most Republicans see Pllanned Parenthood in one of two ways:

    A. They are in the business of murdering babies.
    B. It's not quite the same as murdering babies, let me see if I can explain the difference ...

    If your perspective is A, Planned Parenthood is literally similar to the Nazis, and you definitely want to put a stop to it.

    If your perspective is B, "not technically murdering babies, there is a subtle difference" also sounds like a pretty horrible thing!

    That's what I find interesting. Some people think using a straw should be a crime, while "not *exactly* killing babies for profit" is perfectly fine. How can one be in love with government enough to think outlawing a large soda is a good idea, but when it comes to "it's slightly different from murdering babies", suddenly they are all about freedom?

  73. Re:Huh? by glenebob · · Score: 1

    The problem here wasn't that the vehicle was experimental. It was that the safety driver was not doing their job.

    Nonsense. The problem here was that the technology was obviously not tested sufficiently to be safe on a public road. Self driving technology that cannot discern, and then stop for or otherwise avoid an obstacle, is absolutely not ready to be operated on a public road, with or without a back up driver. The failure of the back up system is a secondary problem.

  74. Re: Huh? by glenebob · · Score: 2

    Wrong; they disabled the manufacturers auto-breaking system and replaced it with one of their lown.

    This is the way I understand it as well. I believe Volvo's technology would have stopped the car in plenty of time to avoid the pedestrian. Uber's didn't even try, not even when the pedestrian was only a few feet away. Not even a blip on the radar. It is outrageous that Uber put such blatantly disfunctional technology on a public road at all.

  75. Re:Huh? by MobyDisk · · Score: 3, Interesting

    How about "life guard" or "airline pilot." If you watch life guards, then watch for like 30 minutes or so, then switch with another guard. That's because if you stare at the same area of water for long periods of time you completely tune-out. Pilots similarly have a process where the pilot and copilot say to each other something like "scanning 1 o'clock, 2 o'clock, 3'oclock..." because otherwise staring at an empty sky totally desensitizes you. Human brains are terrible watchdogs.

  76. So much this by Radical+Moderate · · Score: 1

    You can't put a person in a car for 8 hours with literally nothing to do and expect them to be alert and vigilant. That's just not how our brains work. There's plenty of blame to go around for this woman's death, but Uber cheaping out by putting only one person in the test vehicle gets a good chunk of it. And by doing this on public roads they're putting all of us at risk, and that should be criminal.

    --
    Never let a lack of data get in the way of a good rant.
  77. Re:Huh? by HiThere · · Score: 1

    FWIW, there is evidence that the footage was tampered with to reduce contract and make everything look darker. "Tampered with" may be wrong, since I don't know that the actual details, as opposed to the visual display of them, were actually hidden. But other cameras recording the same scene didn't show it as that dark at all. They weren't good enough to record the necessary detail, but they did record the general level of illumination.

    So I guess it's possible that Uber was just using a grossly substandard camera rather than dicking with the display of the evidence. But the prior analysis I read indicated that the guy doing the analysis believed the scene was intentionally displayed at a lower level of illumination that was accurate. He was working off the released video, however, not off the original recordings.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  78. Re:Huh? by HiThere · · Score: 1

    Uber knew, or had reason to know, that the job asked of the "backup driver" was impossible. Perhaps the "backup driver" or "mission specialist" is *also* to blame, but the primary blame should be on Uber. He is merely an accomplice before the fact.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  79. this backup-driver may need a $300/hr Attorney by Joe_Dragon · · Score: 1

    this backup-driver may need a $300/hr Attorney if they go to court as there is a lot of stuff in this case that can get them off but they need to flight it out and not plea bargain also take the bail bond as well you don't want to get stuck in tent city jail.

  80. The family knew that the case would be long & by Joe_Dragon · · Score: 1

    The family knew that the case would be long & costly so they took an quick settlement.

  81. Re:Huh? by Anonymous Coward · · Score: 0

    Why the fuck is this modded troll? Should be insightful. Little kids on slashdot cant handle truth?

  82. Re:back-up driver needs to get source code and log by Cederic · · Score: 1

    Which language was that typed in?

  83. Re:Huh? by Ichijo · · Score: 1

    Sorry, the paragraph break separated the link from the related point. Removing the break makes things clearer:

    And there are other examples of catastrophic consequences of automation. These "automation surprises"...

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
  84. Re: Huh? by Anonymous Coward · · Score: 0

    No, their self-driving cars have their own ability to detect objects and stop. They intentionally disabled this feature because false positives caused what they felt to be too frequent stoppages.

  85. Re:Huh? by mlyle · · Score: 1

    How do you propose we know when a technology is "safe enough" to be tested on a public road, since we can expect that public road testing will reveal new defects and weaknesses?

    I'm not quibbling that Uber really fucked up. I just think that it's reasonable to think that we can't get the technologies to be perfectly safe relying on recorded data of other driving and test-track scenarios.

  86. Re:Huh? by glenebob · · Score: 1

    Obviously extensive testing on public roads is and should be a requirement before the technology can be put into general use. But closed course testing should have been more than sufficient to iron out whatever bugs were present that could have allowed the car to plow into an obstacle without even a hint of recognition. In this case, a failure to slow down in a smooth manor, or to get a little too close to the pedestrian as it passed, would be the kind of bugs I'd be expecting here. Absolutely not a complete failure to even notice the obstacle.

  87. Re:airline pilot's errors do not have Criminal pro by Anonymous Coward · · Score: 0

    I'm really fed up with this...

    The backup driver did nothing wrong. She was paying attention to the instrumentation, exactly as trained. The whole "watching a movie" trope is utter bullshit supported by no evidence more convincing than some random trolls here on /. and elsewhere.

  88. Re:The family knew that the case would be long &am by Anonymous Coward · · Score: 0

    The "family" didn't give a shit about her, otherwise she wouldn't have been living on the streets. They only "cared" when they thought they could get money out of the incident.

    The woman crossing was in the wrong for illegally crossing, in the dark, directly in front of a car she could see coming miles down the road. The woman in the car was in the wrong for not doing her job as a tester and paying attention to the road (though I doubt ANY human could have reacted quickly enough to stop the car). Uber, surprisingly, didn't actually do anything wrong this time.

  89. Re: Huh? by im_thatoneguy · · Score: 1

    Untested Emergency Automatic Braking systems are incredibly dangerous and require extensive validation. You slam on your brakes and a motorcyclist behind you dies.

    And as of today vehicles aren't legally required to have one, so disabling the feature doesn't make your vehicle any less safe or less legal than the hundreds of millions of older vehicles on our roads without an EAB.

  90. Re: Huh? by glenebob · · Score: 1

    Untested Emergency Automatic Braking systems are incredibly dangerous and require extensive validation. You slam on your brakes and a motorcyclist behind you dies.

    This is complete nonsense. That's only true if the motorcyclist behind you is actively looking for the Darwin award. Would it be better to stop even faster than the cycle could under the best of conditions by slamming into a car? Would it be better to flatten an innocent pedestrian than to test the reflexes of a motorcyclist who is following too closely and/or not paying paying attention? I think not.

    And as of today vehicles aren't legally required to have one, so disabling the feature doesn't make your vehicle any less safe or less legal than the hundreds of millions of older vehicles on our roads without an EAB.

    More nonsense. Disabling that feature may well make your vehicle less safe, if you're not a very attentive driver. In other words, if you're like the average driver.

    I'm not arguing that Uber should have had the Volvo EAB active. I'm arguing that Uber's software should have been advanced enough to never need it before being tested on public roads.

  91. funny by Anonymous Coward · · Score: 0

    I seem to remember a few years back all companies stayed they would take liability for any accidents that happened whiletheir respective AI systems were enabled. They said this to relive tensions and get started to allow their systems on the road. I find it funny that now that one has a fatality on record they want to blame the driver which trusted their systems. If they don't change their opinion on this then I don't see why their system should be allowed on the road.

  92. Mandatory Mechanic by Anonymous Coward · · Score: 0

    Oh get outta here with your german car superiority! You know that 3rd person is the mandatory mechanic. Mercedes and BMW both are complete fucking garbage. I started turning them away from my garage 2 years ago. Ain't worth my time. Hell if that car weren't already owned by the parent manufacturing company, it would have to haul a mandatory Loan Officer as a 4th passenger just to pay the mandatory mechanic!

  93. Not her fault by SonicSpike · · Score: 1

    Does anyone remember watching the video of this accident?

    If not, you should go back and rewatch it. Here is what I remember...

    The idiot pedestrian walked out in front of an oncoming car in the dark and wearing dark clothing without looking for oncoming traffic. The speed limit in the area was fast enough that a normal person would not be able to stop in time, even if they were paying attention.

    The fault is the pedestrian's. They were stupid and walked in front of a moving vehicle. The driver of the vehicle would have been unable to avoid hitting the pedestrian if they tried.

    Go back and watch the video and this is very obvious.

    --
    Libertas in infinitum
  94. Re:Huh? by thegarbz · · Score: 1

    You can't have it both ways. A self driving car should not require a driver and conversely

    I don't have it both ways. There are legal obligations currently under both the laws that govern vehicles moving on public roads, and the regulations that govern the testing of self driving vehicles. Those laws state you need a driver. That driver was there, employed for a job that he didn't do. He wasn't distracted, he outright was not doing his job and breaking the law in the process.

    This isn't having it both ways. It's having it one way. Person being paid for a task should be doing the task. If I decided to suddenly stop paying attention whip out my phone and watch a movie while moving a heavy load with a crane and I ended up crushing someone, would I get a free pass too?

  95. Re:Huh? by mlyle · · Score: 1

    The Uber system detected miscategorized the cyclist as roadside debris-- like a plastic bag-- after categorizing objects correctly the vast majority of the time.

    Look, Uber clearly had all kinds of software quality and process problems. But I guarantee you even the leading implementations like Waymo are learning a whole shit-ton from real road stuff-- exactly about this kind of misclassification problem. Synthetic test conditions reflect experimenters' bias.

    Tesla has a bit of an advantage with all the video they're sampling from customers' driving habits, but even so the selection of that video and annotation and review for potential problems doesn't have the strength of real-world testing because it's not a priori (researchers' own biases, classification issues, and selection issues can come into play) and not as rigorous.

  96. Re: Huh? by Euler · · Score: 1

    Adaptive cruise control keeps speed and following distance, I think that was the AC's point.

  97. Re:Huh? by Euler · · Score: 1

    Exactly my point. As part of states allowing driver-less car experiments, that needs to be spelled out explicitly for the parties involved: engineers, vehicle operators, and the general public. Just assuming people understand isn't enough.

  98. Re:Huh? by Euler · · Score: 1

    Watching TV is damning in hindsight, this person is probably SOL since that is how people will look at this. Time to get a good lawyer. Is there room to convince a jury, hypothetically, by saying: "I don't recall Uber giving me those instructions; they said they were operating on public streets at SAE level 4 automation and the state permitted it. I was just there to collect data and drive it back if it breaks."? Is the ball back in the state's court to prove their case, not just say there was no proof that Uber did not say it?

  99. Re:Huh? by Euler · · Score: 1

    I agree, there is too much emphasis on real-world testing. It probably makes for better press-releases.

    Show me the documentation that they performed their diligence in first proving out all weather and lighting conditions for all foreseeable traffic obstacles. Testing shouldn't just be reactionary, but comprehensive.

    You can gather real-world data without the car actually operating. i.e. turn the sensors on but truly just have a human driver that knows they are the primary driver. No automation hand-off required.