As a Tesla driver, I look out the windows when operating my motor vehicle. If my car crashes on AutoPilot or otherwise, it’s my fault.
Legally, both you and Tesla are at fault if the car crashes. You, for not maintaining full control of the car. And Tesla, for developing the AutoPilot system which directly caused the crash. In this context, Tesla is the "proximate cause* of the crash, so their liability generally would supersede your own. Moreover, in a lawsuit, you and Tesla would be jointly liable for damages, but any sane lawyer would settle with your for a small amount and go after Tesla for the remainder.
You’re the lawyer. Is there case law to support this? I ask not to mean “citation required” but because I would be very interested to read it.
I don’t know if and how much Tesla can disclaim responsibility for the crash based on warnings written into the UI and user manual and TOS.
For example, I’m fairly certain that autopilot systems on boats do not absolve the Skipper of liability if a boat crashes, and suing a small craft autopilot systems manufacture for maintaining (or not maintaining) a set course into a collision would be laughable.
I would also say, if we can’t ship self-driving capabilities without some way of managing and constraining the inherent liability, we will miss out on saving 10s of thousands of lives just because we can not save all the lives.
Yes, just break open a 1L torts treatise and there are dozens of cases.
The difference between autopilot on a boat and Tesla's Autopilot is a matter of agency/autonomy. Boat and plane autopilots mostly just go in a straight line--they make no decisions.
Tesla's autopilot functions autonomously from the driver--and that, legally, makes all the difference, because it can make different decisions from what the driver would do. The driver still bears some responsibility for their failure to oversee and correct TA, but TA bears direct responsibility.
The analysis would be different if TA was just a glorified cruise control or lane-keeping system.
Legally, both you and Tesla are at fault if the car crashes. You, for not maintaining full control of the car. And Tesla, for developing the AutoPilot system which directly caused the crash. In this context, Tesla is the "proximate cause* of the crash, so their liability generally would supersede your own. Moreover, in a lawsuit, you and Tesla would be jointly liable for damages, but any sane lawyer would settle with your for a small amount and go after Tesla for the remainder.