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You are always liable, In both cases.
I take it this is just a hypothetical situation. Eventually it will be case.
I assumed future case where Level 3+ autonomous driving was in play and the human is not the responsible party.
The human should always be attentive behind the wheel, autonomous driving or not. They should be just as liable as if they were driving the car themselves
That will be especially applicable to cars without the wheel or other controls at all.
And before you say that an AI will never be able to do that, that's already possible with a human operating the car remotely, it's just not adopted yet
Right, unless it’s that new Mercedes and you’re in traffic on one of a specific set of roads under 40 MPH.
Think they’ve sold a handful.