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Humans can panic and decide to swerve, and it only takes them a fraction of a second longer than it takes a self-driving car. Someone willing to argue that the car had a choice and made the wrong one could just as easily argue that the human had a choice and made the wrong one.

You might personally think that oh, the machine is being rational and intentional, that's different from a human. But a lot of people will treat a human the exact same way. That split second panic is judged as if they had all the time in the world to consider the optimal choice.

The legal system already has and handles this type of lawsuit.



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