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A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

latimes.com

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Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#61

Short answer is “yes”. It’s the same way a homeowner can be responsible if they negligently leave some issues on their property and a person falls to their death. The ultimate responsibility is the person behind the wheel. That said, I’d argue Tesla is also liable. To what extent I don’t know, but it was clearly a contributing factor.

Can you explain how Tesla is liable? It is made clear to the driver (both in the manual and at activation of Autopilot) that they remain the final authority in control of the vehicle, and at the time of the accident, the Tesla software build did not support detection and actioning of stop lights nor stop signs. Are folks going to sue GM and Ford when people don't pay attention when their versions of driver assist don…

Hasn't Tesla already lost a few lawsuits around deceptive marketing of Autopilot and FSD?

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#62
post #16

In my experience driving Teslas on autopilot (a few dozen hours), you need to keep watching the road. The whole time. Especially on on/off ramps and around traffic lights. I almost watched a Tesla I was operating drive into a meridian on a highway off-ramp because the concrete was approximately the same color as the road. I slowed down to see how long it would take to detect the coming collision ... and if I hadn't b…

We should use stop using the word self-driving cars for cars that just have some drive-assist instead of being self-driving..

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#63
post #30
post #12

Earlier quoted context omitted.

Do we hold pilots accountable when the plane in on autopilot? Genuinely curious.

Do autopilots in planes "fly themselves no human input at all"? Because that's what Teslas are doing since 2016, according to Elon Musk: https://twitter.com/elonmusk/status/789019145853513729

The very short story is, one member of the crew maintains control of the aircraft (hands on yoke and throttles, maintains general situational awareness) while the other enters the data into the autopilot (set altitude to X, bearing Y, at speed Z). The aircraft then executes the maneuver(s) entered, while under supervision of a human.

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#64
post #14

Short answer is “yes”. It’s the same way a homeowner can be responsible if they negligently leave some issues on their property and a person falls to their death. The ultimate responsibility is the person behind the wheel. That said, I’d argue Tesla is also liable. To what extent I don’t know, but it was clearly a contributing factor.

There is a huge difference between criminal guilt (as in the article) versus civil liability (as in your example). Those are not at all equivalent. After the criminal case is resolved, the victims or their next-of-kin will probably try to sue the driver and Tesla in civil court for wrongful death.

If a homeowner’s negligence fits the legal definition of criminal negligence and causes death they can be charged with manslaughter.

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#65
post #30
post #12

Earlier quoted context omitted.

Do we hold pilots accountable when the plane in on autopilot? Genuinely curious.

Do autopilots in planes "fly themselves no human input at all"? Because that's what Teslas are doing since 2016, according to Elon Musk: https://twitter.com/elonmusk/status/789019145853513729

[deleted]

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#66
post #9

> realizes, ‘Hey, I’m the one that’s responsible,’” Kornhauser said. “Just like when I was driving a ’55 Chevy” Um, no shit the driver’s responsible. This seems like a weird question to be confused about prior to level 5, which Tesla’s 2022 “full self-driving” isn’t and 2019 wasn’t either.

> which Tesla’s 2022 “full self-driving” isn’t and 2019 wasn’t either

And yet, since 2017, there's a video on the Tesla website that says "The driver is only in the seat for legal reasons. The car is driving itself."

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#67
post #37

Ultimately yes. You are the driver of the car. It is involuntary manslaughter. Even if it is a software error, even if the brakes stop working, even if x, y or z (etc) It is always the responsibility of the driver to accept the consequences of any forseen or unforseen actions of any kind of outcome. Depending on the unfortunate event, any mitigating events might be taken into account.

> even if the brakes stop working

Some quick googling brings up some US results that this only makes you liable if you were speeding or doing something else considered slightly dangerous, or you didn’t properly maintain your brakes.

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#68

Short answer is “yes”. It’s the same way a homeowner can be responsible if they negligently leave some issues on their property and a person falls to their death. The ultimate responsibility is the person behind the wheel. That said, I’d argue Tesla is also liable. To what extent I don’t know, but it was clearly a contributing factor.

Can you explain how Tesla is liable? It is made clear to the driver (both in the manual and at activation of Autopilot) that they remain the final authority in control of the vehicle, and at the time of the accident, the Tesla software build did not support detection and actioning of stop lights nor stop signs. Are folks going to sue GM and Ford when people don't pay attention when their versions of driver assist don…

Companies can’t hide stuff in small print while, at the same time, saying something else in marketing material, with a footnote saying something along the lines of “real-life performance may be different”.

Now, whether that happened with Tesla will be for a judge or a jury to decide. In the past, Tesla certainly has made bold claims in their marketing material.

It would probably come down to the question what would have been ‘normal’ for the driver to assume about Tesla’s software.

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#69
Yes.At the end of the day the car is the tool and just like with guns or knives, whoever uses the tool as an instrument for harm is at fault.I used to think one could argue: "but X made guarantees, software might be guilty, etc" yet at the same time that argument is not logical and ironically the legal framework explains it the best. We almost never give a pass to criminals even when they're not lucid and under the influence of factors that impair their judgement, how come we debate whether or not the human who used the car is at fault?

I also don't think Tesla is necessarily liable here, an unpopular opinion which i also changed over time considering that one needs to prove the car misbehaved.But even then, assuming the car truly misbehaved, making the case that the person is not liable is a big stretch.The title is still clickbait

Re: A Tesla on autopilot killed two people. Is the driver guilty of manslaughter?

#70
post #14

Earlier quoted context omitted.

There is a huge difference between criminal guilt (as in the article) versus civil liability (as in your example). Those are not at all equivalent. After the criminal case is resolved, the victims or their next-of-kin will probably try to sue the driver and Tesla in civil court for wrongful death.

According to the article, they already have. The articles kinda vague on why exactly the driver is being charged, though. Reading between the lines, I suspect its not just because he had the autopilot engaged, but was engaged in some form of gross negligence at the same time (sleeping, playing videogames on his phone, etc).

Failing to actively supervising the driving of the vehicle while autopilot is engaged is probably enough to sustain the mens rea for criminally negligent homicide.
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