The reason for this is that most states negligence and traffic laws require drivers to be alert to what is around them and to pay attention to hazards in the road. A pedestrian certainly qualifies as a hazard in the road. In other words, drivers have a legal obligation to see and avoid what is there to be seen.”
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Very true, but a driver isn’t expected by the law to yield to a pedestrian that darts in front of them.
Assume circumstances were such that an impact couldn’t be avoided. Why weren’t the brakes applied before, during, or after impact by the car’s control system?