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by abduhl
783 days ago
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Why are you so sure that criminal liability ends with the driver? Washington’s first degree manslaughter law requires “recklessly caus[ing] the death of another person.” Second degree requires merely causing the death of another person “with criminal negligence.” Criminal negligence requires Tesla to “fail to be aware of a substantial risk that a wrongful act may occur” and that this failure be “a gross deviation from the standard of care that a reasonable person would exercise in the same situation.” It’s certainly not hard to make the case for either, especially given Tesla’s apparent inaction after a number of people have died while Autopilot is active and a number of accidents have occurred while Autopilot is active. Cf the Crumbleys: https://www.bbc.com/news/world-us-canada-68223118 Also a pedantic point: the driver is civilly liable to the estate. Criminal charges (and hence criminal liability) can only be brought by the state. |
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I'm not. But it would be precedent setting. Given this case has the driver admitting to cops that he was distracted in a way Tesla's user manual presumably tells you not to be, I'm not sure I'd start here.
> pedantic point: the driver is civilly liable to the estate
You're right, I was being loose with my words.