Let's look at a picture[1] from an article[2] that made it to HN[3]. If any program chose A as an acceptable solution, then they should be sued into oblivion. Killing the bystander will kill the driverless car.
1) http://www.technologyreview.com/sites/default/files/styles/v...
2) http://www.technologyreview.com/view/542626/why-self-driving...
..also from your picture and as I have learned from TWD, if you see a herd of zombies on the road your self driving car should probably be programmed to drive straight through them.
As to the second part... I'm not sure how the software will judge the depth of the hoard to see if avoidance is a better answer than just pushing through. Also, a couple of zombies could really mess up a Tesla versus a SUV or Jeep. Zombie Apocalypse mode would be a much hard problem.
Hey, that is what ford said about the Bronco II.
Anyway, I agree with you in principle that if presented with the clear evidence in court it would be as you say. My contention is it would take many years and a whistle-blower before anything like that would ever come to light. And there is much greater likelihood of deaths occurring accidentally due to the code, than by design.
Depth of herd is an issue, to be sure, and this even assumes the car could tell the difference between zombies and humans.. perhaps we need a waze for herd avoidance.
Programming is treated a bit different from a tire specs
I get the feeling a lot of programmers are going to be put on witness stands pretty early in the roll out. Lawyers already like to interview Sys Admins.
> Depth of herd is an issue, to be sure, and this even assumes the car could tell the difference between zombies and humans.. perhaps we need a waze for herd avoidance.
Classically, an IR sensor should tell the car the difference between zombies and humans. Herd avoidance is probably a better tactic because of resource depletion.
The "kill the pedestrian, not me" example is brought up... but what is a real life situation wherein the only two choices in retrospective was 'die' or kill a pedestrian?
Most of the time, you'll avoid killing a pedestrian and it'll result in non-critical injuries to you due to airbags and other safety features. Or it'll result in a dodge or just car damage, since the other cars are more prepared to react to you than a hobbled pedestrian carrying groceries is.
I think often times the car will 'choose' to risk injury you rather than absolutely a pedestrian.
Nobody's going to buy an automated vehicle that might intentionally kill them to save a pedestrian.