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​One Thing Humans are Still Better at than Machines:  Turning Left.

4/30/2017

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In the Boston Globe last week, Hiawatha Bray wrote a fascinating article detailing one of the toughest programming challenges for self-driving cars: teaching them to turn left safely.  Left turns are challenging because they involve crossing lanes of oncoming traffic while interpreting psychology and predicting other humans' behavior.  You have to know how to read the signals to determine when it is safe to make the left turn in many different conditions. 

Driverless cars do not know how to read humans and anticipate what human drivers will do.  Humans know as they enter an intersection to begin to look for clues about what the other human drivers are doing, or likely to do so we can turn safely.  Self-driving cars aren't this smart (yet) as they cannot read body language. At some point, self-driving cars will begin to communicate with each other at intersections so they can safely turn left.

Source: https://apps.bostonglobe.com/business/graphics/2017/04/driverless/series/teaching-a-driverless-car-to-turn-left/. 
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​STOP DISTRACTED DRIVING 

4/16/2017

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Distracted Driving is an epidemic.  It has resulted in increased car crash fatalities since 2014 and the upward trend of increased fatalities is likely to continue.  

We are tied to our phones.  Drivers are constantly making choices while driving to answer calls, text, or use voice activation to send texts or operate music, GPS and/or navigation systems.  

Using hands-free modes of operation do not eliminate the risks of distracted driving.  Studies show that going from hand-held to hands-free does not eliminate the mental demand on the driver of the car.  While we believe we are good multi-taskers, most people cannot do two mentally demanding tasks perfectly at the same time.  This means drivers' attention is pulled off driving and onto operating a hands free device which increases the likelihood of car accidents and injuries.  

Distracted driving accidents are fully preventable.  Using your phone or hand held device is visually distracting and could kill you or another person on the road.
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Man or machine? Will Vermont soon have robot drivers?

3/5/2017

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If the machine takes over for human drivers as is being predicted, the numbers of traffic accidents and deaths should drop.  Human drivers make frequent mistakes.  Our attention span is limited which currently means too much distracted driving.  The question is what laws need to be enacted to protect Vermonters when robot cars fill our roads.

There is a shift in the regulatory landscape to create new laws to cover driverless cars.  Federal laws are focused on the car manufacturers and enforcing safety standards.  Vermont law will need to move away from focusing on the driver and towards ensuring that carmakers sell driverless cars which are safe. 

In the short term, state law will need to react to the different levels of automation available in vehicles. The U.S. Department of Transportation has adopted the Society of Automotive Engineers' classification system for vehicle automation.  Level zero is human drivers.  Level one is an automated system that sometimes helps a human driver who is the primary driver.  Level two is an automated system that can take over for the driver for essential operations but the human must monitor and remain responsible for driving.  Level three cars include some modes in which the car is primarily responsible for driving but the human must be ready to take control of the driving when the car asks.  Level four vehicles include some modes wherein the car assumes primary driving responsibility with no expectation that the human will help.  Level 5 is the machine drives the car for all tasks and under all conditions with no human driver.

35 states have introduced laws to regulate driverless cars but most states have not yet enacted these laws.  We will have to wait and see how Vermont makes laws to test driverless cars, to allow robots to drive on Vermont roads and what laws are passed to hold the car manufacturers responsible for injuries caused by robot cars.

It is important to hold the car manufacturers responsible if they are selling robot cars as that will ensure that the driverless cars are tested and safe for our roads.

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​WHO PAYS WHEN SELF DRIVING CARS ARE IN CAR ACCIDENTS?

12/31/2016

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The question of who pays when a self driving car causes an accident is currently unclear. This is new legal territory, but it is time to start answering the question since manufacturers are proposing to make cars available for purchase in 2019 -- in less than 2 years.

The Obama administration asked the Department of Transportation to propose national testing and safety standards in 2016.  However, the question of liability and responsibility will be decided by the car manufacturers or automobile insurance. 

Several pioneers of self-driving cars like Volvo, Google, and Mercedes Benz pledge to accept liability if their vehicles cause accidents.  Why would car manufacturers agree to pay?  One reason is that these new 'autopilot cars' will include many backup systems and technology to avoid accidents.  This makes it a relatively safe bet for carmakers to say they will pay for crashes because they are convinced that computer drivers will be safer than human drivers.   Insurance Institute for Highway Safety data shows crash avoidance braking reduced rear end collisions by 40%.  Another reason is that car manufacturers want to convince people to buy their self driving cars and they can factor liability risks into the purchase price. 

Legally, car manufacturers of autonomous cars are squarely in the liability chain as they designed, engineered, and programmed the vehicles.  Product liability legal theories are advanced and capable of covering these issues.  For example, car manufacturers must exercise a reasonable degree of care when designing their product. 

As computerized, self-driving cars come closer to reality, answering these and other complicated insurance coverage issues will be important to ensure the speedy acceptance of all this exciting new technology.
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​ARE SELF DRIVING CARS REALLY SAFER?

11/13/2016

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Ready or not, self driving cars are on the road now.  Most car makers will be selling self driving cars by 2020.  The question is are self driving cars safer?  Will they lead to less car accidents?

According to the National Highway Safety Administration, every day in the United States about 90 people are killed in car crashes, and about 6,000 people are injured in automobile accidents.  The cause of these car accidents is 94% human error or distraction.  This means, as control over vehicles is taken away from human drivers and given to computers, safety should increase.  Self driving cars do not get distracted, and they do not get drunk.  Drunk driving causes almost 40% of motor vehicle accident fatalities.

However, self driving cars are not accident-proof and self driving cars will share the road with flawed human drivers.  Since 2009, Google has been testing and driving self driving cars.  These cars have been in accidents caused by other human drivers.  Most often these cars get rear ended at stop lights.  However, until February 14, 2016, Google's self driving cars had not caused an accident.  Tesla Motors is currently dealing with a products liability lawsuit over its autopilot system after a driver got in an accident using the self-driving technology in Florida this May.

Self driving cars are programmed to follow the laws precisely.  They follow the exact speed limit and follow other vehicles at the correct distance.  This means that the cars do not necessarily drive with the flow of traffic or drive as humans think they should be driving.

Overall, self driving cars are expected to be safer and lead to less accident and injuries.
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​7 SAFETY TIPS TO AVOID A CAR CRASH WITH NEW CAR TECHNOLOGY

6/28/2016

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Driver's choices and human error contribute to about 90% of car crashes.  The good news is that there is new technology that helps drivers avoid a car crash. 

Here are some Advanced Safety Features you should look for to help avoid car crashes:

1.  AUTOMATIC EMERGENCY BRAKING.  Automatic Emergency Braking senses a potential  crash and the car initiates braking for you.

2.  FORWARD COLLISION WARNING.  This system uses laser, radar, or cameras to assess potential crashes and judge speeds of approaching cars.  It alerts the driver with a signal of a potential car crash --  this gives the driver time to react and try to avoid the crash.
 
3.  BLIND SPOT WARNING.  Blind spot warning technology warns drivers of cars they cannot see.  This technology scans the sides of your car for other cars' presence in your blind spots.  It uses a signal to warn you of a danger you can't see.

4.  BACKUP CAMERAS.  Put your car in reverse and a camera comes up on your console to show you what is behind you.  This safety feature will be standard on all vehicles made in 2018 or later.

5.  REAR CROSS TRAFFIC ALERT.  This system senses traffic that could cross your travel path as you travel in reverse.  Some of these systems automatically brake for you to avoid impact. 

6.  ADAPTIVE CRUISE CONROL.  ACC systems automatically adjust vehicle speeds so a driver can maintain a safe following distance while using cruise control.

7.  LANE DEPARTURE WARNING.  A warning is given to let you know when you drift out of your lane so you can correct it.

These new technologies can help all drivers reduce their chances of an accident. Look for these features in your new car.
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THE IMPORTANCE OF BUYING A SAFE CAR

3/14/2016

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Buying a Safe Car can save your life and minimize injuries in a car accident.  To check out whether your car is safe, you should review its crash test results at the National Highway Traffic Safety Administration (www.safercar.gov/safety+ratings).  Below a link to the National Highway Safety Administration's booklet "Purchasing with Safety in Mind" which explains crash tests and shows the safety data for all 2014 vehicles by make and model.  

You should also consider whether your vehicle has advanced crash-prevention features, such as forward-collision warning, automatic emergency braking and stability control.  You can keep up with the latest automotive safety technology at www.safercar.gov. 
purchasingwithsafetyinmind_safercar.gov.pdf
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HOME SAFETY:  Protect Yourself At Home

2/22/2016

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Home Safety is important.  Here are 5 easy tips to protect yourself and your family:

1.  Working Fire Prevention Equipment.  Over 50% of home fire deaths happen because smoke detectors are not installed or are no longer properly working.  Install smoke detectors on every level of your home.  Have a fire extinguisher on every level of your home.  Remember to check your smoke detectors and install batteries regularly.

2.  Practice Kitchen Safety.  Do not leave the kitchen when you are cooking.  If you have small children, use the back burners to prevent burns and injuries.  Unplug small kitchen appliances when they are not being used.

3.  Inspect Power Cords.  Be sure your power cords are not damaged or frayed.  Do not put power cords under carpeting because they can overheat or be damaged.

4.  Check for Recalls:  Go to www.recalls.gov to check for product recalls.  You can also go to www.saferproducts.gov to see other people's product experiences and problems.

5.  Keep Dryer Vents Clear and Clean.  Clean your lint screen regularly to avoid dryer fires.  Clean your dryer vent and be sure that the dryer vents are clear.

Taking these few easy steps could avoid injury and possibly save a life.
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​VERMONT WINTER DRIVING TIPS TO KEEP YOU AND YOUR PASSENGERS SAFE ON VERMONT ROADS.

1/11/2016

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All Vermonters know that winter driving can be dangerous.  Driving in snow, slush, ice and black ice can lead to car accidents. 

Here are 5 Winter Driving Tips to keep you safe on Vermont roads this winter:

1.  SLOW DOWN.  Slow down whenever there is snow or slush on the road.  Watch for ice and drive according to the weather conditions.

2.  ALL WHEEL DRIVE COUNTS.  All wheel drive and 4WD help maximize traction in snowy and slushy conditions. 

3.  USE PROPERLY INFLATED WINTER TIRES.  Be sure to use properly maintained winter tires so you are slow down and stop safely.  Do not forget to be sure the tires are properly inflated.

4.  KNOW HOW TO HANDLE A SKID ON ICE.  If you do start to skid on ice, do not panic.  Take your foot off the gas to slow down.  Tap or pump your brakes (do not slam them on) to help you regain traction and slow down.  Turn your wheel and look in the direction of the skid.

5.  PACK A WINTER WEATHER EMERGENCY KIT.  Be prepared in case you get stuck or stranded by packing a bag and leaving it in your car. Include: an ice scraper, first aid kit, a blanket, de-ice, sand or kitty litter, water and snacks.  Do not forget to  carry your phone and a phone charger.

Winter has arrived so slow down and stay safe on the roads!
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SIX HIDDEN TRUTHS ABOUT CAR INSURANCE

9/22/2015

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According to a recent special investigation by Consumer Reports, "the way insurers set prices is shrouded in secrecy and rife with inequities."  Here are the 6 hidden truths that Consumer Reports revealed.

1.        Your credit score-- more than your driving habits -- can determine your car insurance premium. Car insurers check your credit scores to try to predict whether you will file an insurance claim.  If they think your credit isn't high enough, then they will charge you more for car insurance.

2.        The insurers profit from accident you my never have.  Since insurers are charging more to people with less than excellent credit, consumers with less than excellent credit are paying for accidents that may never happen.

3.        You'll be charged more if Big Data says you won't notice.  This price optimization is luckily not allowed in Vermont.

4.        Adding a teen driver can cost a fortune, but it does not have to.  If you shop around, you should be able to find an insurance company who will offer your teen insurance at a reasonable rate.  Do not just add the teen to your current insurance policy without    pricing coverage with several companies.

5.        Promised discounts may never materialize.  Many company offer discounts for things like bundling insurance (auto and home), good grades, or installing anti-theft equipment.  Often these discounts are not significant or never materialize.

6.        Longtime loyalty to a company may work against you.  It is common to stay with the same insurance company for many years but that loyalty may be costing you money in the form of increased premiums.

For more information about car insurance pricing and Consumer Reports' investigation, go to:  http://www.consumerreports.org/cro/car-insurance/auto-insurance-special-report/index.htm.
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    Carey Rose

    Attorney based in Essex, VT, specializing in helping clients reclaim their lives

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