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> It doesn't matter if I were to run someone over when it's dark. I would still be accountable. I don't know where you live, but in most legal systems I am awa

> It doesn't matter if I were to run someone over when it's dark. I would still be accountable. I don't know where you live, but in most legal systems I am aware of there are definitely situations where you wouldn't be responsible. If you were not impaired, driving legally and someone suddenly walks in front of your car, why would you be accountable for that?

stefan_ 9y ago
Someone didn't "suddenly walk in front of the car". The time they stepped into the road, you were still half a mile away. Time to learn some new favourite german words. The first would be Sichtfahrgebot; you may only drive as fast as you can see. If your stopping distance exceeds your vision, you are driving too fast for conditions. This is doubly obvious with autonomous vehicles. The other is Betriebsgefahr. It was your decision to drive a multi-ton vehicle with enough power for the electricity needs of a city block. She was walking, you were driving - you introduced the vast vast majority of the risk and it was your choice that is responsible for the lethal injuries. For this mere fact, you bear a significant percentage of the fault, always.
- jessaustin 9y ago
  Definite points in the German language's favor! Betriebsgefahr in particular is a concept that should be more salient in drivers' minds.
- mcguire 9y ago
  So, in Germany, all vehicle-pedestrian incidents result in civil and criminal penalties?
yardie 9y ago
In a lot of no-fault states you may not be criminally liable for a car accident but in a civil suit you won't get off scot-free. In every case of car vs human that I have come across the driver pays something, usually medical bills. Reason being a driver is required to have insurance while a pedestrian does not. And as far as I know, auto insurance companies are more willing to pay a settlement. Do remember that on a civil suit culpability is a sliding scale. It's not guilt or not but what percentage of this accident is attributable to you. A driver looking at their phone, with an enhanced sensor safety system (lidar, sonar, nightvision) will get far more blame than a typical driver. I expect the civil case to be settled quickly and quietly. T
- jessaustin 9y ago
  Uber would like to settle that way, but they don't make that decision. Why wouldn't Uber competitors or detractors set up some kind of Gawker situation?

stefan_ 9y ago

Someone didn't "suddenly walk in front of the car". The time they stepped into the road, you were still half a mile away. Time to learn some new favourite german words. The first would be Sichtfahrgebot; you may only drive as fast as you can see. If your stopping distance exceeds your vision, you are driving too fast for conditions. This is doubly obvious with autonomous vehicles. The other is Betriebsgefahr. It was your decision to drive a multi-ton vehicle with enough power for the electricity needs of a city block. She was walking, you were driving - you introduced the vast vast majority of the risk and it was your choice that is responsible for the lethal injuries. For this mere fact, you bear a significant percentage of the fault, always.

jessaustin 9y ago
Definite points in the German language's favor! Betriebsgefahr in particular is a concept that should be more salient in drivers' minds.
mcguire 9y ago
So, in Germany, all vehicle-pedestrian incidents result in civil and criminal penalties?

yardie 9y ago

In a lot of no-fault states you may not be criminally liable for a car accident but in a civil suit you won't get off scot-free. In every case of car vs human that I have come across the driver pays something, usually medical bills. Reason being a driver is required to have insurance while a pedestrian does not. And as far as I know, auto insurance companies are more willing to pay a settlement. Do remember that on a civil suit culpability is a sliding scale. It's not guilt or not but what percentage of this accident is attributable to you. A driver looking at their phone, with an enhanced sensor safety system (lidar, sonar, nightvision) will get far more blame than a typical driver. I expect the civil case to be settled quickly and quietly. T

jessaustin 9y ago
Uber would like to settle that way, but they don't make that decision. Why wouldn't Uber competitors or detractors set up some kind of Gawker situation?