Very good question.
Mike Meyer

Although I doubt very much that any car manufacturer is going to release “hackable” cars that let the driver program in their own rules for how to handle the Trolly Problem — and even if they did, a theoretical defendant’s lawyer is still going to find some way to try and argue that at least some of the liability rests with the manufacturer’s software. The court battles cannot materially be the same because there will always be a third party added to the “mix”. Nor is there much chance of finding a “strict liability” solution to the problem without first having to go through all of the messy regulatory battles Mr. Battelle describes in the O.P.

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