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The Life or Death Decisions of Autonomous Vehicles

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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

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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.  

Texas Wrongful Death and Survival Claims Explained

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There is often confusion about Texas wrongful death and survival claims, but Dallas serious personal injury attorney, Ben DuBose, explains, “When tragedy strikes and a person dies because of someone’s negligent conduct, Texas law provides for two general types of recovery in our civil court system: wrongful death and survival claims.”

Survival claims

Survival claims are those personal injury claims the deceased individual would have if they were living. The individual’s death does not extinguish these claims. Rather, they “survive” their death and belong to the estate of the decedent. Survival claims include claims for pain, suffering, mental anguish, lost wages, as well as medical expenses related to treatment of the injury that caused the death.

Wrongful death claims

In addition, claims can be brought by the family of the decedent for wrongful death. Wrongful death claims exist by statute in Texas and belong to the family members of the decedent for the loss of their spouse, parent, or child.

How wrongful death and survival claims work together

DuBose points out that “while wrongful death and survival claims are separate claims, they are brought in the same lawsuit.”

A surviving spouse, parent or child may bring the wrongful death action. However, if none of those individuals have brought the claim within three months of the death of their loved one, the executor of the estate may bring the claim.

Surviving siblings do not have standing to bring a wrongful death action in Texas. However, most states have a wrongful death statute and the classes of relatives with standing to bring a claim vary from state to state.

In some Texas wrongful death claims, exemplary damages are available. Exemplary damages are permitted if the jury finds a wrongful death is caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is not to compensate the family, but to punish a wrongdoer and to make an example that willful or grossly negligent behavior will not be tolerated.

The award of damages in a Texas wrongful death claim is typically made by a jury. The jury allocates the damage award among the surviving family members in proportion to the injury they suffered as a result of the untimely death.

The Texas wrongful death statute can be found here.

The American Flag and Flag Day

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The American Flag from 1777 until 1960

The American Flag, somewhat in the form we know today, was adopted on June 14, 1777, when the Second Continental Congress passed a Flag Resolution. It stated, “Resolved, That the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.” Though somewhat descriptive, there were 27 variations from the first Stars and Stripes until the current flag adopted on July 4, 1960 with the admission of Hawaii to the United States.

Design of the American Flag

There are a few stories that are legend in the design and making of the U.S. Flag.

Francis Hopkinson

A signer of the Declaration of Independence and a naval flag designer, Hopkinson designed the naval flag and also the U.S. flag in 1777 – however, the public preferred the naval design for the national flag. It wasn’t until 1780 that a bill was sent to Congress for payment for his design. He requested a “Quarter Cask of the Public Wine” as payment for design of the U.S. flag as well as for the Great Seal of the United States and other seals. However in his following bills, he only mentioned the design for the naval flag, not the U.S., in addition to the other seals. He received no payment because he was paid a salary as a member of Congress at the time they were created.

Betsy Ross

The legend of Betsy Ross sewing the first flag from a sketch given to her by George Washington has no proof. It was never mentioned until her grandson suggested the scenario almost a century after the first flag was created.

Rebecca Young

Another rumor came from the family of Rebecca Young. They claimed it was she who sewed the first flag. There was flag-making in the family as it was her daughter, Mary Pickersgill, who sewed the Star Spangled Banner Flag. The family believed she was inspired by a 15th century window in Selby Abbey showing stars and stripes in the Washington family coat of arms.

The progression of the American Flag design started with the Union Jack as both have the seven red and six white stripes.

In 1818, Congress passed an Act that specified a new star would be added to the flag as each new state was admitted.

Until the 48-star flag adopted in 1912, there were no standard arrangements for the stars, except in the U.S. Army and U.S. Navy. Stars were in circles, rectangles, star patterns, almost any shape.

The History of Flag Day

Through all this history, there had been no day set aside to focus on the U.S. Flag. Today, Flag Day is unknown to most U.S. citizens, but June 14th is the day set aside to honor our flag.

The commemoration of the Flag originated in Wisconsin in 1885 when a schoolteacher, BJ Cigrand, had his students celebrate the day as the anniversary of the official adoption of the U.S. Flag which occurred 108 years previously. The first years, the day was known as the ‘Flag Birthday’ but later known as ‘Flag Day.’ It was observed through special commemorations at schools, articles in magazines, newspapers, and even public speeches. There were assemblies with patriotic songs, the gifting of small flags for children, and the request that all citizens in Wisconsin display the flag on that day.

In 1894, the mayor of New York proclaimed all public buildings should fly the flag on June 14th. That same year 300,000 children gathered at parks in Chicago to celebrate the day.

The first national celebration was established on May 30th, 1916 when President Woodrow Wilson officially proclaimed June 14th as Flag Day. Though it was celebrated in many communities across the nation in the following years, it was on August 3rd, 1949, when President Truman signed the Congressional Act designating June 14th of each year as National Flag Day.

National Flag Day in 2018

Though the day shows up on most calendars and there are some who make it a practice to fly our flag at home and businesses, most people think little of the day and its history as they look forward to the Fourth of July. Today the flag is sometimes a controversial icon. Many have fought and died for this piece of cloth and the freedoms it represents, including the freedom to revere and respect it as well as the freedom to express differing opinions and even abuse it. Yet, the flag represents now – as well as in the past – a country founded on freedoms expressed in the First Amendment right to freedom of speech.

While there will be few, if any, events honoring our flag tomorrow, it provides the chance to reflect for a moment on this country and those who have defended the flag representing our rights.

Long may she wave.

Uber Self-Driving Car Kills Pedestrian

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The first case of a pedestrian killed by a self-driving car occurred in Tempe, Arizona. This technology is still in the experimental phase, however Uber self-driving cars are on the roads in Pittsburgh, San Francisco, and Toronto – as well as Tempe.

Are self-driving cars safer?

Increased safety was the initial premise for the existence of unmanned self-driving cars. One of the primary causes of automobile accidents is distracted driving. In a robotic car, that should not be a problem, but obviously there are issues to be addressed. Building systems to automatically react appropriately in unexpected situations is a difficult task.

What happened in Tempe?

In this case, the car did have a human in the car as a backup. It appears the car, a Volvo XC90, was going about 40 MPH on dry streets with clear weather at 10 p.m. on a Sunday. An investigation is ongoing since the safety driver did not appear impaired. The victim, a 49 year-old woman, was walking her bicycle in the street. Though this was the first accident involving a pedestrian, one of these autonomous vehicles collided with another car in March of 2017.

Safety measures in place

Because states are eager to encourage testing, there are few regulations in place – not only with Uber, but Waymo, Lyft and Cruise, owned by General Motors. Doug Ducey, governor of Arizona, said in 2017, “We needed our message to Uber, Lyft and other entrepreneurs in Silicon Valley to be that Arizona was open to new ideas.” Originally Arizona mandated a backup driver in the car, but recently that was changed to allow testing of unmanned self-driving cars. This leniency is to boost the economy by allowing a low regulatory environment.

California is on the cusp of allowing unmanned vehicles, but is still investigating the proposition. In its testing of manned self-driving cars, Waymo has produced statistics required by California. When a human has to take control, it’s called a disengagement. In just over a year, Waymo’s cars drove 350,000 miles with 63 disengagements. This averages approximately 5,600 miles between disengagement events, clearly demonstrating the need for more testing before widespread use of unmanned vehicles.

Michael Bennett, an associate research professor at Arizona State University, has been studying the reaction of the public to driverless cars and their artificial intelligence. His comment on the aftermath of the Tempe pedestrian incident reveal his conclusion, “We’ve imagined an event like this as a huge inflection point for the technology and the companies advocating for it. They’re going to have to do a lot to prove that the technology is safe.”

Who’s Fault is Injury from Self-Driving Car?

“Look for insurance companies to lobby for profound changes in state insurance requirements and state laws”, says Dallas lawyer, Ben DuBose. “However, in the Arizona Uber incident, there was a back-up driver in the car. So, there’s still a question of why the back-up driver didn’t disengage and potential liability for her. People will still need car auto insurance and will still have potential liability.”

At the same time, as we head into the self-driving car era, DuBose says to look for additional new legal theories to address the autonomous car features. Automobile manufacturers and software designers will face new product liability claims. As even Volvo Car Corp. Vice President, Anders Karrberg recently testified before Congress “[c]armakers should take liability for any system in the car. So we have declared that if there is a malfunction to the [autonomous driving] system when operating autonomously, we would take the product liability.”