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> Swerving is not legal and it's not legal because you might hit something you can't see. If I'm driving down the road and someone pushes a kid in front of my
by gnicholas 3y ago
> Swerving is not legal and it's not legal because you might hit something you can't see.
If I'm driving down the road and someone pushes a kid in front of my car, I'm very likely to swerve, even if I'm not 100% sure if there is someone next to me. If I hit a car next to me and cause damage/injure people, there is a good chance that a jury would find in my favor because a "reasonable person" (the relevant legal standard in a civil case) would seek to avoid the certain death of a faultless child, even if it means a chance of injury to passengers in a vehicle that might be nearby. I wouldn't swerve if I thought a bicyclist were there, but I would likely swerve into a vehicle, which affords occupants significant protection.
And I certainly would not be found guilty of a crime ("beyond a reasonable doubt", the standard in a criminal trial) because it is not criminally negligent to swerve when faced with the certainty of killing a child. Under the "defense of self/others" doctrine, you can do many things that would normally be illegal, if you are doing them to prevent the imminent death of yourself or someone else. (These analyses are not super detailed, but IAAL.)
- shadowgovt 3y agoAVs aren't doing near enough calculus to make a decision like that; they have obstacles and they avoid them. Their avoidance can allow for lane departure (that 360 situational awareness is handy), but they aren't going to solve a trolley problem in realtime if boxed in. The thing is... Neither are people. A kid darts out on front of you and you won't have time to make a conscious decision. The maneuver you make will be too fast for rational thought, and your brain will explain to itself why it did that later. ... Incidentally, this is one of the things that scares me about human drivers. Put a human on the stand to testify and most will say they never saw that kid, no matter what physical process happened to their eyes and neurons. I think most even actually believe it. In any case, I'm glad that in this incident they'll be able to do a full NHTSA workup, pull logs, and reprogram the machine to avoid an accident like this in the future. Can't do that to a human driver.