Dallas personal injury lawyer

The Life or Death Decisions of Autonomous Vehicles

May 20, 2020 By Ben DuBose

Though not seen often – yet – autonomous vehicles are on the streets bringing the advantages of artificial intelligence (AI). The goal is to make driving decisions without the human tendencies toward distraction or impaired driving. These autonomous vehicles also must make life or death decisions when an unexpected event occurs. On what basis are these critical decisions made? Can this be programmed into a software driven car or truck?

Autonomous Vehicles Making Life or Death Decisions

Can moral decisions be programmed? If a self-driven car judges a potentially fatal accident is imminent, does it choose to sacrifice passengers or pedestrians? Does the number in each group matter; two passengers or five pedestrians? What if the passengers include a child and the pedestrians comprise a group of elderly citizens? Should it endanger passengers to avoid hitting an animal? These and millions of other difficult scenarios have been discussed for years. There is even a website platform, the Moral Machine, created by MIT Media Labs where anyone is invited to make judgements in these situations. So far, people in over 200 countries have contributed.

What does data show?

Interesting data has been uncovered from the Moral Machine regarding the decisions people would make. In general, there is a consensus to save children over adults. Yet, in Far Eastern countries, the elderly would be saved first. So, even areas of the world come to different decisions – Western, Eastern, Southern – especially in complex situations.

Nicholas Evans, philosophy professor at the University of Massachusetts, writes, “You could program a car to minimize the number of deaths or life-years lost in any situation, but then something counter-intuitive happens. When there’s a choice between a two-person car and you alone in your self-driving car, the result would be to run you off the road. People are much less likely to buy self-driving vehicles if they think theirs might kill them on purpose and be programmed to do so.” What people say in surveys versus what they would want to happen if they, or loved ones, are involved varies greatly.

Though extremely difficult to program to fit so many scenarios, there must be moral programming for the AI to make the autonomous vehicles accepted. This is especially true since there is not a global consensus for the morality of any given situation. In addition to life or death decisions, the vehicle is computing routes, traffic, obstacles, speed, condition of vehicle and countless other parameters.

What is next?

The ultimate goal is reducing accidents exponentially. Until almost all vehicles are controlled by AI and can interact, that will not happen. Even then, everyone who has anything electronic knows that there can be bugs and glitches, service going down, hackers, and the unknown.

Once there is an accident, there will need to be a decision on liability. These computer-driven vehicles will be equipped with essentially “black boxes” that record the previous 30 seconds or so of data. This information will make it easier to reconstruct what occurred, but who is to blame? What stage of the vehicle’s development created this accident: software developer, vehicle manufacturer, communication provider, or one of the other multiple vendors supplying parts?

Much is still unknown as this is a huge change in transportation globally. As more and more of these vehicles are introduced to our streets and highways, data collected will lead to more answers and probably more questions as well.

Dallas Electric Scooter Rentals May Lead to Injuries

April 20, 2020 By Brett Powers

Dallas electric scooter rentals have been very popular, with nearly 4-million rental rides tallied since they first debuted in June, 2018. Until the time of COVID-19 and the eventual quarantine, an ever-increasing number of electric rental scooters were seen zipping around Dallas. As public health precautions began in earnest, two of the scooter companies, Ojo and Lime, temporarily removed their dock-less vehicles. That possibly left fewer than half of the 13,000 scooters deployed before the coronavirus pandemic shut down Dallas.

In addition to the reduction due to the quarantine, numbers dropped further because of people staying at home and social distancing. Along with the factors noted above explaining the drop of electric scooter rentals, are the stricter guidelines, newly passed, limiting the use of the scooters.

Even with the new limitations, reports about serious accidents that can occur with these scooters – truly motorized vehicles – still present safety and legal issues.

Stricter regulations with Dallas electric scooter rentals

New stricter regulations that deal with these rentals now include a 20 mph speed limit, a ban on rides after midnight – even 9 p.m. for some areas – and fines for companies if they leave a vehicle parked incorrectly. These new rules also ban riding scooters on sidewalks and impose a $200 fine on riders who don’t follow the rules.

Even with the recent limitations on the use of scooters, there are still issues with their speed and the resulting injuries.

Hospital reports of injuries seen due to motorized scooters

The Emergency Department at Baylor University Medical Center in Dallas has tracked scooter mishaps and found 57-percent of injuries happened after 7 p.m. For those who showed up at the ER, 58-percent had broken bones, 43-percent had facial injuries, and 35-percent suffered brain injuries. In total, Baylor recorded 322 emergency room visits from July 2018 through September 2019 – 55 of those visits required hospitalization, including 14 ICU patients and one reported death.

Dallas is not unique in in this matter. Around the nation, ER doctors have pointed out an increase in the number of serious accidents that accompany the rise in use of motorized scooters. These statistics are probably low as it should be remembered that not everyone who gets in an accident involving an electric scooter is going to go to the ER or call 911.

Causes of electric scooter accidents

In some scooter accidents, the scooter operator is inexperienced and simply loses control and crashes. In this type of accident, there generally is no possibility of a personal injury claim since the operator was at fault. Though, in some circumstances, it is possible that a lawsuit could be brought if it can be shown that the manufacturer, or company that rented the scooter, did not provide sufficient warnings and/or instructions about how to use the scooter safely.

Other accidents with electric scooters may involve automobiles. If a car driver does not yield to a scooter rider in a crosswalk, the rider could be entitled to serious compensation for injuries sustained. In most of these automobile-scooter crashes, the scooter rider suffers serious injuries, such as broken bones, head trauma, and internal injuries. When this type of collision occurs, the rider could be entitled to compensation for medical bills, pain and suffering, and lost wages.

Will electric scooters survive COVID-19 and stricter rules?

It remains uncertain whether the electric scooter rental market will survive COVID-19 and the new stricter regulations at all, much less at the level it had attained.

Regardless of their future, the scooters can present significant safety and legal issues that cannot be understated.

Statistics on Vaping-related Diseases and Deaths Rise

October 23, 2019 By Ben DuBose

Statistics on vaping-related diseases and deaths rise almost daily, it seems.

On August 23, the first vape-related death was found. This patient used vaping for the nicotine content.
Another five deaths were reported within a month – some using vapes containing THC, others nicotine.
On September 11, the Trump Administration pushed for a ban on all flavored e-cigarettes in the US because of the attraction to under-aged youth.
By September 12, The Centers for Disease Control (CDC) reported a confirmed 26 states reported 380 cases of illness from vaping in addition to the six deaths.
September 15, Governor Andrew Cuomo of New York announced the first state ban on all flavored e-cigarettes, except tobacco and menthol. Michigan followed with their statewide ban.
By September 26, The CDC stats rose to 805 cases of lung injury in 46 states and one territory. The death toll was 12 people.
By October 4, the FDA published a statement, “[T]he agency believes it is prudent to stop using vaping products that contain THC or that have had any substances added to them, including those purchased from retail establishments. Simply put, inhaling harmful contaminants in the lungs could put a patient’s health at risk and should be avoided.” The FDA warning included purchasing vapes containing THC from retail stores or on the street.

Vaping-related diseases and deaths in Texas

These confirmed cases may be the first wave of a tsunami of illness and death from these innocent-appearing and marketed devices. It is notable that September 25^th, the CEO of Juul, Kevin Bruns, stepped down from his position. Juul launched in 2015 and by 2017 had a larger e-cigarette market share than any other competitor, including the major tobacco companies. At the time Bruns resigned, Juul published a release stating Juul “suspended all broadcast, print and digital product advertising in the US.”

As of October 9th, 95 cases of severe lung diseases were reported by Texas health officials. These patients reported vaping before symptoms began. One person died as a result according to the Texas Department of State Health Services (TDHS). Another 28 deaths possibly involving vaping are under investigation. These patients are between 13 and 75 years of age, with a median age of 22. One quarter of patients are minors. TDHS reported approximately 9 in 10 cases vaped marijuana or THC, though the dangers of nicotine are not insignificant and much is still to be researched.

Texas is a big state, with many students in the vulnerable ages of the vaping trend. The Texas A&M University system now bans e-cigarettes and vaping in every “building, outside space, parking lot, garage and laboratory” according to John Sharp, chancellor of the Texas A&M system – this means all properties, not just the 11 universities. The University of Texas system also banned vaping in an overall tobacco ban in 2017, however, the American College Health Association recommends institutions go further. Since the wording might be misconstrued as applying only to traditional tobacco products, the association believes the wording must reflect strict no-tobacco language and include all methods of smoking, including e-cigarettes and vaping.

Will the bans help?

A USA TODAY/Ipsos poll showed 80% of people agree purchasing of vaping devices should not be allowed for people under 21. 59% of respondents believe the ban will lead users to the black market, while 82% of vapers think that is true. Users also say government regulations will not reduce users, according to another survey.

If you are vaping, consider your health and that of those around you. Statistics are not in your favor.

E-Cigarettes and Teen Risks

August 21, 2019 By Ben DuBose

E-cigarettes and teen risks become more evident as teens, young adults, and even children are showing the danger signs of using these e-cigarettes in all their various forms.

What are e-cigarettes?

An e-cigarette comes in many forms, but all have a battery that heats a liquid that turns into an aerosol containing nicotine, flavorings, and other chemicals. Like regular cigarettes, users inhale everything that is in the device and also affect others with the aerosol, much like second-hand smoke.

Not only do they contain nicotine, they can also be filled with marijuana or other drugs. The aerosol flavoring may contain diacetyl, linked to serious lung disease. In addition, the aerosol may contain cancer-causing chemicals, heavy metals – lead, nickel, tin – and ultrafine particles that can penetrate deeply into the lungs. E-cigarette aerosol is NOT harmless “water vapor.”

While packaging may claim there is no nicotine, that has proven wrong in many cases.

The many forms of e-cigarettes

While they began appearing somewhat larger than a traditional cigarette, they have morphed into a variety of shapes. JUUL is the top-selling e-cigarette and often appears as a USB flash drive. One JUUL pod has the equivalent of a 20-pack of cigarettes! Because of their easily hidden size, they are students’ favorite device. JUUL is not the only one with this USB design, however. Others include MarkTen Elite for nicotine, and PAX Era, which delivers marijuana.

Besides the USB form, e-cigarettes can look like pens, pipes, cigars, or even regular cigarettes. They have their own vocabulary as well, they may be called “e-cigs,” “e-hookahs,” “mods,” ‘vape pens,” “vapes,” “tank systems,” and electronic nicotine delivery systems (ENDS).” No matter the name or clever packaging, they are unsafe.

Why is vaping unsafe?

Vaping is now linked to lung diseases in as many as 50 people in at least six states. No deaths are reported – yet – but several have been close calls. One of the most recent is a teen in Texas who contracted a lung disease after vaping. A New York doctor saw two cases this summer, including an athletic 18-year-old who almost died. The Texas Department of State Health Services (DSHS) has encountered a number of severe lung problems in Texas young people recently. These patients were e-cigarette users, so the agency is looking into possible causes within or in addition to the vaping. They issued an alert to health care providers and clinicians to watch for symptoms and gather information.

A partial list of reasons the vaping liquid, and the device itself, can be harmful:

Nicotine
- Long-ranging studies have proven the harmful effects of nicotine. This is especially true for developing brains. These changes actually affect the way a brain functions in attention and impulse control. Like nicotine from regular cigarettes, e-cigarettes can increase addiction to nicotine and possibly lead to addiction to other, even more harmful, drugs.
Aerosol ingredients
- Some flavorings may be safe to eat because they’re processed through digestion. Inhaling, however, is a different process and lungs are not geared for inhaling these chemical flavorings. Because of this, scientists believe lungs could be harmed.
Batteries
- There have been a number of instances where defective batteries led to serious injuries through fires or explosions.
Health effects
- Scientists still do not know the full effects of e-cigarettes over time, but studies to date indicate harmful effects are likely.

How to prevent or stop the use of e-cigarettes

In Texas, the legislature is considering raising the minimum age to purchase or consume tobacco products from 18 to 21. This would include all e-cigarettes and other vaping devices. The mission of this bill is to prevent future smokers since 95 percent of smokers start before the age of 21.

While vaping devices appeared to some people as an innocent way to avoid the dangers of cigarette smoking, it is now known that it may actually introduce young people to smoking and may have the same unhealthful effects – or even more – as scientists investigate the repercussions on these youthful users.

The CDC has a number of suggestions that parents can use for having a discussion with your teen, including this Tip Sheet. An ongoing conversation can make a difference. While it may not be well-received, stopping an e-cigarette user before they’re addicted is worth the persistence.

Ordinary People, Extraordinary Circumstances

July 14, 2019 By Jane Zavala

DuBose represents ordinary people — Ben DuBose

Ben DuBose, a Dallas native, founded DuBose Law Firm in 2008.

Ben is featured in the current issue of Attorney at Law Magazine. If you’d like to learn more about Ben and DuBose Law Firm, take a moment to read this article.

Ordinary people facing extraordinary circumstances

As Ben says, “It’s an honor to represent ordinary people who are going through extraordinary circumstances. To be able to help people and provide some peace of mind, hopefully, is why we’re here. When clients give you thank you notes or even a hug because we made a difference – you can’t beat that.”