On Friday, July 1, 2016 at 4:05:04 PM UTC-4, Peter Trei wrote:
> On Friday, July 1, 2016 at 3:30:04 PM UTC-4, Sean Eric Fagan wrote:
> > In article <
o9nG3...@kithrup.com>,
> > Dorothy J Heydt <
djh...@kithrup.com> wrote:
> > >that he was busy watching a Harry Potter movie
> >
> > Unproven, since you can't watch video on the Tesla's screen. You *can* listen
> > to audio through it. And it's also possible to have a smaller device (such as
> > a phone or tablet) playing audio through the car.
> >
> > (N.B. My wife has a Model S, so I've got a fair bit of experiene driving one.)
> >
> > >Maybe the guy had friends who will miss him, but he's no loss to
> > >Tesla.
> >
> > Tesla does not have so many customers that the loss of any can be unnoticed.
> > Especially one who causes an NTSB investigation, which will take up a
> > significant amount of resources.
> >
> > It's important to note that Tesla's "auto pilot" feature does not, so far,
> > really have anything terribly new: other manufacturers refer to the cruise
> > control part as "active cruise control," and lane-departure warnings have been
> > available as options on mid-to-high end cars for a decade or so... and some of
> > them have, in fact, been offering options for steering control related to
> > that. (I think it may be the first with the perpendicular self-parking
> > feature.)
> >
> > The main differences between Tesla and the other guuys are:
> >
> > 1) Tesla rolled it out to a huge portion of their customer base, as a software
> > update. And subsequent software updates have changed the behaviour.
> >
> > 2) Tesla mostly relies on cameras for the auto-pilot, while the competitors
> > who've been offering it usually use non-visual sensors (lidar or even ir).
> > [Yes, I know Tesla has non-visual sensors as well, but it's using normal
> > cameras for a lot of it.]
> >
> > The auto-pilot feature is very convenient, but it's got a lot of limitations,
> > and it has some ... really not great failure modes. (One time, for example,
> > it decided to try to merge us into the right shoulder of a freeway, because it
> > got confused by an offramp.)
> >
> > Anyway. I'm looking forward to reading the NTSB report, if/when it is
> > available.
>
> The article I read claims that (1) there is dashcam footage showing the crash,
> and (2) the first guess is that the system failed to distinguish a white
> truck from empty sky, and changed lanes into the truck.
>
> The interesting issue will be whether Tesla gets sued, and is so, what
> precedents get set.
>
> If it can be proved that the driver was grossly negligent, Tesla may get off.
>
> pt
Sued by whom? The truck, by all accounts, failed to yield right of way, making its driver and his employer the liable parties. These would be the obvious targets for a lawsuit by the Tesla driver's family. It being a truck, it almost certainly has commercial liability insurance coverage, typically for $1 Million, which in the ordinary course of events is sufficient for any plausible damages claim. I would expect a plaintiff's lawyer to prefer this straightforward liability case over an experimental legal theory against Tesla. The exception, I suppose, is if this guy's income was so large that the truck's liability coverage comes up short.
Tesla's lawyers have their fingerprints all over the press releases. They clearly have put a lot of effort into ass-covering, and I expect they know their business.
As for the truck driver suing, I expect that would be laughed out of court.
Richard R. Hershberger