Comment by jakeogh

Driver liability should never be lost. Trusting a marketing campaign to not kill someone is a (bad) choice, that that user must be liable for. They are still driving the car; recklessly. It's their job to be in control of these megajoules.

Conventionally, drivers are liable on the physics level... because they have skin in the game. When I pass another car on a 2 lane road at 100mph+ relative velocity, we both (conventionally) have a strong incentive to not mess up.

That's a feature. Same goes (unfortunately) for people who make life or death decisions based on marketing campaigns.

All that said while skipping over the elephant, which is that they do not work; for fundamental reasons: https://news.ycombinator.com/item?id=33221575