If your company's automated emergency braking, or lane assist, or adaptive cruise control - causes or contributes to a problem, someone from that company should be in court next to the driver facing judgement for the consequences.
(I'd even go so far as to suggest if the existence of a system leads to a situation where an incident occurred because of the driver's assumption that the automated system would prevent it, then the company should need to justify why the driver should be held responsible instead of the software. If your advertising claims "autopilot!", you're going to be apportioned a significant portion of liability even if your fine print says "Drivers must keep alert and ready to take control at all times" - you should be judged based on a reasonable persons expectation from the language you use to promote your vehicles, not some w4easel words in your T&Cs.)
In practice, putting the responsibilty on auto manufacturers for every specific injury or death that happens due to a safety system, without somehow giving them "positive credit" for lives saved, massively delays or entirely prevents these sort of advancements from being made. We definitely need processes to verify that new features are actually functional, typically through recalls and product liability suits, but simply putting blame on manufacturers for all accidents is a terrible idea.
When you say that a manufacturer should be held liable if their system '... contributes to a problem...', it seems like you're suggesting adoption of the (notoriously problematic) 'if not but for' test. This sort of test is used in negligence cases, but can be useless, as almost anything satisfies it (i.e. slow service at a coffee shop may have been a necessary condition for the timing of that exact accident).
You don't get to abdicate responsibility on the road just because you bought in to some corporations marketing.
Imagine you’re driving along in full control on an empty country road. Out of nowhere your car panics, slams in the brakes, deploys seatbelt tensioners, and flashes bright warning lights because clearly you fell asleep or something if you cant see that big wall.
Would you react? Maybe swerve coz you’re startled?
Words mean things. You don't get to say they mean different things when you say them just because it helps you sell more cars. Not in the fine print, and not in a court.
(While, sadly, at the same time it seems from the outside that the ACAS code got written by the same outsourced dev team that work on their website the rest of the time. :sigh: )
I'm wondering how you would get around metaparameter optimization here, or the fact that it's too easy to optimize to a known test procedure rather than the real world?
This is a particular challenge in California because our school zone signs specify that the limit only applies "when children are present."
Since a large fraction of kids are driven to school (at least in southern California), you know that this is happening because of the massive traffic jam near the school.
The solution is having the balls to lay down good policy/regulation. There is no point forcing car companies to use a certain algorithm, for example, but it's not unreasonable to build a standard basket of problematic road signs which the car must pass - e.g. a cattle grid isn't too bad, but if a driverless car doesn't stop for a speed limit outside a school the company should have some liability.