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There is the fact that when the car was stuck on the siding, the driver probably viewed his risk as different from being stuck on the main line. Thus, by making that choice you are altering that expectation: versus the bus driver who has to know that he is in imminent danger of death. Rule utilitarians might think that moving away from normal procedures requires a positive alternative. Killing four people may not qualify as a positive alternative (because it involves breaking a rule about willful killing of innocents). Thus, the utilitarian option may be more complicated than first envisioned.

Rule utilitarianism would also find it problematic to throw the homeless person over the bridge for the same reason; though the act utilitarian (the variety outlined above) might view the situation as killing one versus four or 39. However, there is the reality that one is committing an act of murder to save others. This would be disallowed by the rule utilitarian. If the act utilitarian were to consider the long-term social consequences in sometimes allowing murder, he would agree with the rule utilitarian. However, without the long-term time frame, the act utilitarian would be committed to throwing the homeless person over the bridge.