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If cars could predict the future

Most drivers are surprisingly predictable. For example, if you knew what signs to look for, you could identify a driver at risk for nodding off at the wheel with relative ease. If your car could identify certain signs, it might be able to stop you from making hazardous choices, or at least warn you ahead of time. Researchers at Cornell University have developed a tool that may soon enable vehicles to do just that.

Unlike other driver safety systems already on the market, this driver safety system monitors a driver’s choices from inside the car. Instead of reacting when a driver makes a hazardous choice or mistake, this system monitors a driver’s behavior to anticipate which hazardous choices he or she may be at risk of making.

As one researcher recently explained, “there are many systems now that monitor what’s going on outside the car. Internal monitoring of the driver will be the next leap forward.” The internal system that was recently developed picks up cues from drivers’ body language and analyzes it in conjunction with events occurring outside of the vehicle. Taken together, these pieces of information aid the system in preventing car accidents before they have a chance to occur.

Unlike other systems which only warn drivers after they have made poor choices, this safety system warns drivers before they have a chance to make a hazardous decision. This safety-related breakthrough may ultimately be the kind of innovative approach that results in a dramatic drop in motor vehicle accident rates. Only time and a widespread dissemination of this technology will tell.

Source: Cornell Chronicle, “Car safety system could anticipate driver’s mistakes,” Bill Steele, April 14, 2015

 

NHTSA may get boost in funding and authority under new bill

In light of the year of record auto recalls in 2014, it should come as no surprise that the National Highway Traffic Safety Administration has received a fair amount of criticism. When major scandals about automotive defects become public, it seems as though NHTSA officials always say they were aware of problems but did not have the resources to fully investigate or the authority to intervene.

The agency’s claim may finally be put to the test. The multi-year surface transportation funding bill proposed by the Obama administration is currently under consideration by congress. Provisions in the bill would dramatically increase funding for the NHTSA’s defect investigations office and give the agency considerably more power over vehicle sales in cases where major defects have been identified.

One provision seeks to give the NHTSA “imminent hazard authority.” This means that “in cases where there is an imminent risk of injury or death,” the NHTSA could order automakers to halt sales of certain vehicles until or unless those defects are fixed.

If passed, the legislation would also bolster the agency’s defect investigations office by doubling its staff and nearly tripling its funding. Finally, it would also allow the NHTSA to impose maximum fines against automakers of up to $300 million, as opposed to the current $35 million maximum.

Legislators seem to be realizing that major auto recall scandals are not going away and appear to be getting worse. As such, we need to start addressing the problem by adequately funding and authorizing the agency tasked with policing the auto industry.

Source: AutoNews.com, “NHTSA would get stop-sale power under U.S. bill,” Ryan Beene, March 30, 2015

Will you be participating in Distracted Driving Awareness Month?

In our increasingly corporate and technological world, attention is a precious resource. There’s no question that advertisers are competing for our attention, but it is also being taken by our electronic devices. At certain times – like when you’re behind the wheel of a car – stolen attention can be a very dangerous thing.

California has fairly comprehensive distracted driving laws, at least related to cellphone use behind the wheel. But laws alone are ineffective and need to be combined with strict enforcement and public awareness campaigns. As it happens, April has been dubbed “Distracted Driving Awareness Month,” and the California Highway Patrol has some plans on how best to raise awareness.

According to news sources, the CHP (and local law enforcement agencies) will be ramping up enforcement of distracted driving laws all month. Law enforcement officers will be focused on catching distracted drivers and issuing citations.

April is also a good time to correct some common misconceptions about distracted driving. According to the National Safety Council, for instance, about 80 percent of Americans believe that it is safer to use a hands-free device than a handheld cellphone. In reality, the risk is essentially the same, because the brain is distracted by both. This has been demonstrated in some 30 studies to date.

If you drive (and most of us do), please do your part this month and every month to make sure that you are always distraction-free behind the wheel. And if you are the parent of a teen driver, this month is the perfect time to start or revisit conversations about the dangers of distracted driving.

Source: Kern Golden Empire, “CHP cracking down on distracted drivers,” April 1, 2015

CA lawmakers consider bill to officially legalize lane splitting

If you’ve spent any time driving in California, you’ve seen it. If you’re a motorcyclist you’ve probably done it. We are speaking, of course, about lane splitting. The practice of allowing motorcyclists to drive in between lanes of cars during traffic congestion is unique to California. It is not legal in any other state.

In fact, it’s not technically legal here, either – at least not yet. There isn’t a specific statute permitting lane splitting, but it has been an accepted practice for decades. And if a current bill passes the state legislature, lane splitting could become officially legal very soon.

The bill has already passed the assembly and will now make its way to the Senate. A strong argument for legalization is that lawmakers could place restrictions on lane splitting and police could better enforce the practice. A couple years ago, the California Highway Patrol issued safety guidelines (take it slow, ride only in the left two lanes, etc.), but without a law there is no real enforcement mechanism.

At least one study has found that lane splitting is safer for motorcyclists than stopping in traffic. This is because inattentive drivers often rear-end stopped motorcyclists, which can be injurious or fatal. Allowing riders to keep moving ultimately reduces the chances that they’ll be struck in this fashion (although lane splitting does have its own obvious dangers).

As Motorcycle Safety and Awareness Month draws to a close, passing a lane-splitting bill seems like a fitting way to show California’s commitment to keeping riders safe.

Google car shows human error still the most frequent road hazard

People who live here in the Bay Area are no doubt familiar with Google's project to develop self-driving cars. You may have even seen the quirky-looking vehicles making test drives on streets throughout the area. Since the project began, the Google fleet of more than 20 vehicles has cumulatively traveled more than 1.7 million miles.

Although the fully autonomous vehicles do have a human operator ready to take over, it has never really been a problem. That's not to say that the self-driving cars have never been in accidents. But according to Google, in every one of the 11 minor car accidents that have occurred, the self-driving cars were not to blame.

Even if you don't believe Google's claim about its non-human drivers, 11 minor accidents is nonetheless an impressive safety record considering how many miles have been driven. Moreover, the autonomous vehicles have apparently been able to conduct traffic research during their 10,000 miles of driving per week.

According to the data that Google has analyzed, two human driving behaviors contribute to a significant number of accidents: Running red lights and drifting out of lanes.

As technology companies work to take human error out of driving, they have found that humans continue to cause car accidents because of two basic and very preventable errors. In the case of red-light running, the behavior may more appropriately be considered poor judgment than an honest error.

Is it any surprise that the biggest threats that human drivers face most of the time are their own bad decisions and other human drivers? Hopefully, fully autonomous vehicles will be in widespread use as soon as practically possible.

Source: ABC News, "Google: What It Learned From 1.7 Million Miles on the Road," Alyssa Newcomb, May 11, 2015

Lawsuit: Fatal accident caused by dangerous railroad crossing

Although it is only May, there have been a number of high-profile, fatal crashes between trains and automobiles this year. The United States has thousands of “grade crossings,” where train tracks and roads intersect at ground level. While some are well marked and have high visibility, there are far too many crossings so poorly maintained and marked that fatal train accidents become highly likely.

This year’s fatal train-automobile collisions in California and elsewhere have raised considerable awareness about the hazards of dangerous grade crossings. Unfortunately, such intersections are expensive to repair and upgrade, and many local governments either cannot or will not pay for the work to be done.

That being said, the recent announcement of a lawsuit may be a catalyst for change. In February, a driver in New York state was killed when her SUV was stopped on train tracks and was hit by an oncoming train. Six train passengers also died in the collision. The motorist’s family recently filed a lawsuit alleging that the grade crossing was and is unsafe.

The law firm representing the woman’s family has said that there were significant “line of sight” issues that made it difficult to see a train coming until it was too late. These included buildings near the tracks and “the interplay between the roadway and the railroad tracks.” The crossing also lacks adequate signage and lighting, the lawsuit claims.

When the accident occurred, it was witnessed by a driver right behind the motorist who was struck and killed. He said he also didn’t realize the train was coming until it was too late to react.

This lawsuit could be a catalyst for change because of the parties named as defendants. They include local governments, the state of New York and the Metropolitan Transportation Authority. As much as it may cost to make necessary repairs and upgrades, governments and companies using the tracks may wish to pay those costs rather than face continued litigation filed by accidents victims and their families.

Source: ABC News, “Family of Motorist in Deadly Metro-North Crash Plans to Sue,” Linsey Davis, May 5, 2015

Takata just announced the largest auto recall in U.S. history

Last year was a record-setting year for auto recalls. Although the General Motors ignition switch scandal was the most prominent story, dozens of automakers issued recalls for safety defects in their own vehicles.

There were more vehicles recalled in the U.S. in 2014 than during any other year since the invention of the automobile. But even as we are less than halfway through 2015, a recently announced recall will likely steal the spotlight. Japanese auto parts manufacturer Takata has recently agreed to recall 34 million vehicles in the United States over concerns about exploding air bags. When all is said and done, this will likely be the largest vehicle recall in U.S. history.

As readers may remember, Takata started facing significant criticism and scrutiny last year about allegations that its air bags could inflate too violently and explode. This, in turn, could send small metal fragments (from the air bag components) shooting into the cab of the vehicle like shrapnel from an exploding bomb. So far, six deaths have been linked to the defect, as well as more than 100 injuries.

Takata sells its airbags to major automakers, so the recall could include vehicles from 10 or more car companies, including Honda, Nissan and Chrysler. To make matters even worse, the problem is not a new one. Takata has been denying and minimizing allegations about exploding air bags for more than a decade.

Up until recently, the company has been trying to limit the number of vehicles it must recall. But earlier this week, the company said it would double the number of vehicles it planned to recall in the U.S., possibly due to consistent pressure from safety regulators. Takata has also recently admitted that the defects are not just limited to manufacturing errors. Instead, their air bags may also suffer from design flaws.

With the mass production of automobiles on a global scale, it is reasonable to conclude that mistakes will be made and recalls will sometimes be necessary. But when automakers prioritize profits over human safety, their misplaced priorities lead to decades-long cover-ups and untold numbers of injuries and deaths. Such negligence is truly inexcusable.

Source: The New York Times, “Airbag Recall Widens to 34 Million Cars as Takata Admits Defects,” Danielle Ivory and Hiroko Tabuchi, May 19, 2015

Bay Area balcony collapse blamed on rotted structural wood

It has been a difficult month for Bay Area residents after hearing the news of a tragic and fatal balcony collapse. On June 16, six young adults were killed and another seven were seriously injured when the balcony of a Berkeley apartment building detached from the building and plummeted five stories to the street below.

Most of the victims were students from Ireland. All were attending a birthday party in the apartment building. Because the building is less than 10 years old, it seemed clear that the cause of the accident could not have been normal age-related deterioration. That suspicion was confirmed earlier this week, when inspectors determined that the balcony collapse was caused by severe dry rot due to inadequate weather-proofing.

The floor of the balcony was composed of a concrete slab apparently supported by wooden beams. Inspectors noted that the ends of the deck joists jutting out of the exterior wall had sustained water damage and were severely rotted. The weight of the balcony (including the weight of 13 people standing on it) was too heavy to be supported by the compromised beams.

A tragic incident like this one is likely to prompt a premises liability lawsuit. But certain details about this case make it difficult to predict who exactly can be held liable.

According to news sources, the building plans were approved by the city, which meant that they complied with the California Building code. It had also been inspected as required by code. Yet a collapse like this one should not have happened in a structurally sound building. Are the codes in need of reform? Have inspections been too lax? Did the builders forget certain steps or use inferior materials?

At this point, there are many questions that need to be answered. One thing is clear, however: This balcony collapse didn’t need to happen and should have been prevented.

Source: NBC Bay Area, “City Inspectors Find Badly Rotted Beams After Deadly Berkeley Balcony Collapse,” Riya Bhattacharjee, June 23, 2015

Could this be a solution to drunk driving accidents?

When it comes to solving society's most vexing problems, there are disagreements over the best approaches to take. Many Americans believe that legislators and other elected officials should be responsible for solving problems by passing and enforcing laws. But there are those who believe that technology can solve at least some of the problems that laws and law enforcement have been unable to effectively address.

Drunk driving is one of those problems. Every year, approximately 10,000 people are killed in drunk-driving accidents on U.S. roads. This is in spite of ever-harsher DUI laws and penalties. Ignition interlock devices have proven effective at reducing recidivism rates among convicted drunk drivers. Could they eventually prevent drunk driving altogether?

Recently, the National Highway Traffic Safety Administration announced that it is working with researchers and automakers on a prototype program called the Driver Alcohol Detection System for Safety (DADSS). It features two types of alcohol detection and measurement methods that could someday become standard in all automobiles.

The first is like the breathalyzer in an ignition interlock device. Instead of blowing through a tube, however, the device just takes readings from the breath exhaled in the cab of the car. The other method involves contact with the skin while the driver presses a button. Infrared lights shined into the tissue of a person's finger could actually measure their blood-alcohol level.

The technology is at least five years away from being practically available. And there are no guarantees that DADSS would become standard in all new vehicles. But the promise of this technology is immense. Let's hope it is put to good use.

Report: California leads the nation in dog-related injuries

Most dog owners know that their pets are not automatically socialized with other dogs and people. Dogs have to be taught how to behave and respect others’ space. In fact, not properly training and controlling a dog can have serious consequences like bites and knockdowns.

With that in mind, you might be interested in the findings of a recent insurance industry report. More dog-related injury claims were filed in California than in any other state in 2014, and that same year, dog-related injuries cost insurers a total of about $531 million.

The cost per claim varied from state to state, but the average cost was more than $32,000. After all, dog bites and knockdown injuries can require extensive medical treatment, including reconstructive surgery and rehabilitation. Dog bite victims may also have to take a leave of absence from work in order to deal with their injuries.

The report points to human shortcomings as a major cause of dog attacks and knockdowns. Seniors, children and bicyclists were also found to be particularly vulnerable to knockdown injuries.

California dog attack law allows for dog bite and knockdown victims to sue dog owners or others who should reasonably have control over pets. You could be on someone else’s property or in a public place; dog owners can still be held strictly liable for any damages suffered in an attack or knockdown. The law does not require you to prove negligence on the part of the dog owner in order for you receive compensation for a dog-related injury.

For more on dog bites, knockdowns and premises liability, please see Winer, McKenna & Burritt’s dog attack overview.

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