07 Sep '18 13:11>2 edits
Originally posted by @fabianfnasGoofer? You mean a gopher, a small rodent? Like a squirrel or something of that size? If so, for the AI driver, the dilemma would be "is that a small human child or an inanimate object like a wad of leaves driven by wind that can be safely run over' and that would take an extraordinary data set in the AI memory to answer that question so maybe the AI driver system is in deep trouble for use in the real world.
There is a statistical matter to take into account: Will AI driving reduce accidents to a lower level than human driving?
Once I say a goofer on the road, I was going at like 70 km/h, and the road was icy. I had two choices: (1) to avoid it with the risque of losing the control of my car, and (2) drive right over it and hope for the best. I would say ...[text shortened]... , but can we put an AI device behind the bars? Or do we go to Elon Musk and put him behind bars?
But the question of culpability is complex. For instance when railroads were first developed in England around 1820 or so, there was the case of the first death by these machines where someone slipped off the platform and onto the track and was run over.
In that case would you hang the guy who designed the RR? I don't think anyone thought that ATT. They most likely would have thought (just guessing) of making a railing that would prevent folks from falling into the tracks, or in other words doing design work on the system to lessen the probability of that particular accident scenario from happening again.
Or when Columbia crashed and killed those astronauts the engineers developing the system were not jailed but they doubled down to understand what happened and design around the problems found.
So I don't think the originators of such AI driving systems will be under legal liability other than civil cases, where maybe the death ends up with a million dollar settlement but not criminal charges.
Market forces would be the limiting factor in that case. If say there were AI drivers performing mostly well and after a year they drove a total of 100 million miles between X number of such cars and had one case of a death, that would be considered just the cost of doing business but if that same 100 million mile record resulted in 10,000 deaths the civil liability cost could be in the billions as litigation hands out those million dollar checks, in that case the companies involved could be driven into bankruptcy and that would be then end of that particular technological experiment.