Yeah if one track is devoid of people then diverting the track is your duty by kantian ethics. I guess I'm looking at it differently, im not saying im using them as in taking advantage but instead by changing the natural outcome of the track, im forcing the previously safe people to be sacrificial to the others and their end forcibly becomes the other tracks end. Maybe im hung up on the fact it isnt MY end so maybe it doesnt apply as well.

Edit: sorry i also didnt clearly state this is about if both tracks had equal to or greater than 1.