Cash Avoidance Technology (“CAT”) Musings

Crash Avoidance Technology (CAT) is now becoming widely implemented in production vehicles. Both IIHS and NHTSA are working CAT features into their testing and evaluations. CAT is not just some idealized goal to be accomplished in the future, but it is happening right now. Although we might best classify CAT as within the first stage of implementation, automotive manufacturers and suppliers are moving quickly to get this technology on the road. It is expected there will be more that 100,000 autonomous cars on American highways by 2025. We are already seeing these ads on TV, as there is a push to be first to market or on the leading edge. Chevy put out new commercials about Forward Collision Warning (“FCW”) being “available” on its new Chevy Equinox.^[1] These ads show focus groups being introduced to FCW on the Equinox. A focus group member says “Maybe Ford should try to keep up” after the moderator tells them that the Ford Edge does not have Forward Collision Warning. Think about “failure to equip cases.” In addition, these advertisements and others like them could turn out to be valuable evidence as this litigation emerges and AIEG (and yes, you as our star paralegals) should be on the lookout for and gathering these and similar ads for future use.^[2]

A driving force accelerating the trend will be new government mandates for vehicle-to-vehicle communication technologies that are intended to improve safety. But, as the automotive industry has shown, flaws and defects in vehicles continue, although there may be slightly different types of defects as compared to the structural type defects in years past. For example, in May, Honda recalled some 2014-2015 Acura MDX 2WD and AWD, RLX and 2014 Acura RLX Hybrid vehicles, because its Collision Mitigation Braking System could incorrectly interpret certain roadside objects such as metal fences or metal guardrails as obstacles and unexpectedly apply the brakes.

The litmus test for looking for or screening these cases remains similar to our more traditional cases, as one must always ask themselves the question, is this something that just doesn’t seem right? Or something that shouldn’t have happened? Or, how could this crash have been prevented? With the next steps being perhaps good old fashion investigatory work in interviewing the drivers involved and the witnesses to the crash, and documenting the physical evidence. A well trained mechanic could also assist in obtaining a DRB (Diagnostic Readout Box) scan of your vehicle’s electronic system. A DRB Scan Tool is a device that, in conjunction with the electronics in automobiles, may be able to diagnose a variety of problems that may be plaguing the vehicle. All cars produced after Jan. 1, 1996, have been required to utilize OBD-II (On-board Diagnostics) to electronically report vehicle problems upon being scanned. Different vehicle manufacturers require unique tools to be able to scan and diagnose error codes.

Current CAT Technology

The Insurance Institute for Highway Safety (IIHS) has created a program for evaluating the performance of front crash prevention systems to raise consumer awareness of safety options and encourage auto manufacturers to adopt and continue developing this technology. (see, http://www.iihs.org/iihs/ratings/crash-avoidance-features) The program ranks vehicles based on the availability and functionality of two crash avoidance systems. A higher ranking is given to vehicle that utilize Forward Collision Warning, (FCW) the most passive of the front crash avoidance technology, which uses camera, radar, and/or laser equipment for object recognition and speed detection, and alerts the driver via visual, audio, or haptic warning to apply the brakes when the relative speed between a vehicle and object in the road presents a risk of impending collision. Additionally, a higher ranking is given to vehicle based on the functionality of Automatic Emergency Braking, (AEB) the most active of the front crash avoidance technology, which automatically engages the full braking potential of a vehicle to either completely prevent a frontal collision or slow the vehicle down to mitigate severity when an imminent collision is detected.

Other crash avoidance technologies include Dynamic Brake Support, a hybrid of passive and active front crash avoidance technology, which pre-conditions the brakes when a collision is detected so that full braking power is applied with even slight force to the brake pedal, to shorten the vehicle’s stopping distance. Some vehicle also include Pedestrian Detection systems which warn the driver or automatically engage emergency braking when pedestrians are detected either in the same lane as the vehicle or to be moving dangerously into this direction. Bosch is manufacturing Pedestrian Detection systems, while BMW and Toyota are currently implementing this technology.

Apart from crash avoidance technology, suppliers and manufacturers are working on adaptive restraint systems and other pre-crash systems. TRW, for example, is producing the Active Control Retractor, a system that provides full or limited reversible belt retraction when dangerous situations are detected. Similarly, Mercedes has implemented a system called Pre-Safe into their latest line of production, a system which automatically engages when an imminent collision is detected and prepares the vehicle’s occupants by tightening the front seat belts, adjusting the front head restraints and passenger seats, and closing the windows and sunroof.

Adaptive Cruise Control (ACC) technology is another area that will continue to flourish. These systems automatically engage the vehicle’s brakes and acceleration to control the distance between the driver and other vehicles or objects on the road. For example, when the cruise control is set on the highway and a slower moving car merges ahead, a vehicle will automatically engage the brakes to prevent or mitigate a collision. When that car merges back over, the ACC system will bring the vehicle back up to speed. TRW’s system utilizes a 24 GHz ISM frequency band radar sensor to detect relative speeds between a vehicle and object in the road. Bosch is also producing ACC systems, and manufacturers such as Infiniti, BMW, Opel, Cadillac, Jeep, Dodge, Ford, and Toyota have already designed their newest models with this safety feature.

A sub-system of the ACC technology, called the Stop-and-Go system by some manufacturers, is designed for use in traffic jams, and will automatically accelerate, steer within the same lane, and bring the vehicle to a stop. The driver’s vehicle will basically follow the vehicle in front of it as long as it is in the same lane. Accordingly, when the Stop & Go feature is engaged in a traffic jam and a vehicle ahead merges into a separate lane, your vehicle will begin to follow the next-in-line forward vehicle. The system developed by Bosch will automatically activate, when the ACC function is being used, at speeds below 20 mph. Bosch has stated that “[i]n the following years, the system will be enhanced to cover ever-faster speeds and more complex driving situations, including automatic lane change.” Manufacturers including BMW and Jeep are currently utilizing this feature in their 2015 production line

Additionally, Lane Assist systems, including such technology as Lane Departure Warning (LDW), Lane Keeping Assist (LKA), and Lane Centering Assist (LCA), are all designed to promote lateral safety. LDW is a camera-based system that provides a driver with visual, audio, or haptic (involving a vibrating steering wheel or seat) warning when the driver’s vehicle unintentionally crosses a road lane marking or the edge of the road. LKA is also a camera-based system and is designed to utilize electronically powered steering to provide counter-steering torque to assist the driver in moving back into the center of the lane. LCA is essentially an LKA system, except that its purpose is to continually assist the driver in keeping the vehicle in the center of the lane. To prevent misuse of the system for autonomous driving, both the LKA and LCA employ hands-off detection systems. Furthermore, for safety reasons, both the LKA and LCA are designed to be easily overruled by the driver. Automotive suppliers producing this technology include TRW and HELLA. Manufacturers currently implementing Lane Assist technology include Infiniti, BMW, Opel, Mercedes, Cadillac, Jeep, Hyundai, Honda, Ford, and Toyota.

Similar to the Lane Assist systems, Side View Assist (SVA) systems promote lateral safety by continually monitoring a range of area alongside and diagonally to the rear of the vehicle through an ultrasonic sensor. When another vehicle is situated in the monitored area, a warning LED light may display in the driver’s side mirror. If the driver uses a turn signal while a vehicle is in the monitored area, an audible warning will activate. The SVA system is not activated by stationary roadside objects, such as guardrails, poles, or parked vehicles. Bosch is currently producing SVA systems, and manufacturers including Infiniti, Opel, Mercedes, Cadillac, Jeep, Hyundai, Honda, and Ford, have implemented similar technology into their current line of production.

We will also be seeing a big jump in rearview safety, as NHTSA has issued a rule under the Federal Motor Vehicle Safety Standards (FMVSS) that will require all new vehicles weighing less than 10,000 pounds to have rearview visibility systems giving the driver a 10-foot by 20-foot zone of vision directly behind the vehicle while backing up.[3] Although the rule does not explicitly mandate the use of cameras to achieve this goal, the most practically available means of compliance would require auto manufacturers to install rearview cameras. NHTSA has included a phase-in period to ease the burden on manufacturers. For new vehicles manufactured after May 1, 2016, but before May 1, 2017, 10% of all new vehicles must be in compliance; 40% new vehicles manufactured after May 1, 2017, and before May 1, 2108, must be in compliance; and, finally, for new vehicles manufactured after May 1, 2018, 100% of a manufacturer’s fleet must be in compliance with NHTSA’s rearview visibility requirements.[4] NHTSA estimates that 58 to 69 lives will be saved each year, not including injuries prevented, once the entire on-the-road vehicle fleet is equipped with rearview visibility systems that meet these requirements.[5]

Moving Forward

Despite what the manufacturers have told us, CAT technology will fail and crashes will be out there. While we hope the opposite is true, we must continue to be on the lookout for cases involving defective CAT technology. And we must be just as eagerly monitoring for the “failure to equip” cases, in other words not having this technology as standard equipment on all vehicles, including commercial vehicles. Other cases may involve the technology simply not performing as intended or expected, such as the problems noted above with the Acura Collision Mitigation Braking System incorrectly interpreting certain roadside objects like metal fences or metal guardrails as obstacles and unexpectedly applying the brakes.

The legal profession as it has always done, will play a critical role in protecting the American public, and holding the automotive industry accountable when their vehicles fail and harm the public.

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[1] See Math Problems and Think Fast, www.chevrolet.com/films.html (last visited Nov. 30, 2015).

[2] See Demolition Derby 2014 Mercedes Benz M Class, https://youtu.be/xU8NuH9QDhQ (last visited Nov. 30, 2015). Such ads may be useful to show drivers are entitled to rely on this technology.

[3] 49 C.F.R. § 571.111 (2014).

[4] 49 C.F.R. § 571.111 (2014).

[5] Rule Document on Rear Visibility, http://www.regulations.gov/#!documentDetail;D=NHTSA-2010-0162-0256 (last visited Nov. 30, 2015).

Our Personal Health

How Rich is Your Life?

By Angela Myers

If you are reading this article, good chances you are someone with drive, with grit, someone who loves the feeling of being successful.  You will give full focus to do whatever it takes to move towards the goal or the win.

These are qualities we admire.  Your ability to push forward, work hard, and be focused creates both financial wealth and success in your career.  However, these strengths create deficits in our personal lives when left unbalanced.  Suicide rates within the legal profession are higher than any other profession!  Over 28% of lawyers struggle with depression,  and others chart high levels of anxiety, problematic drinking, and chronic stress.  Research suggests lawyers are the most unhappy group of professionals in the western world.

There are many theories as to why this profession depletes individuals, however, the purpose of this message is to introduce you to a paradigm that will lead you to a happy and fulfilling life as you begin to take actions accordingly.   

Having a rich life experience is achieved by building up multiple areas of wealth!   Wealth is often related to finances, but wealth is actually much more expansive than the abundance of money or assets you own.  The definition of wealth we will use here is “having an abundance of resources”.  There are 8 sources of wealth, only 1 of them being your MATERIAL/FINANCIAL wealth.    If you invest in these 7 other sources of wealth,  you will be truly wealthy, deeply content, and profoundly happy!  Here I will share 4 sources of wealth that are the most likely to be underdeveloped for those who practice law.

The first source of wealth is your RELATIONSHIPS.  “The quality of your life is the quality of your relationships”- Tony Robbins.   What if you had a robust and abundant bank account, yet were alone, estranged from your family, divorced, with minimal/superficial friendships?  Each night that you spent alone in your beautiful house, or even spent at a party with people who didn’t know or really care about you, you would feel empty and lacking inside.   Richness in life comes from having deep, loving connections to others and mutually life-giving relationships.  This could come from relationships with our romantic partner, a few great friends, perhaps our family, and/or our children.  Giving and receiving of love and care is a basic human need that cannot be met with other substitutes.   Quality relationships take time to grow, just like a bank account.  They grow by your being intentional to give your spouse/partner what THEY most need (time, attention, gifts, affection, etc).  It’s being intentional to keep good friends in your life.  It’s taking time to let your kids know you are proud of them and love them, or to make time for something that’s important to them.  Taking little actions every day, week, and month will build up the “bank account” of quality relationships in your life.  Take inventory of the wealth of your relationships….are they rich and fulfilling?  Are they conflictual, or aloof?   What is one action you could take today that would build up a quality relationship in your life?

Another area of wealth is your PERSONAL HEALTH.  “Man sacrifices his health to make money, then sacrifices his money to recuperate his health” -Dalai Lama. Even if you had great relationships and 10 million in the bank,  if you had not invested in your health you could find yourself too unwell to enjoy life.   This is another area of wealth that requires small investments, every day, to build up deep health.  You invest in your health with small, consistent deposits such as getting 7-8 hours of sleep,  reducing stress (chronic Cortisol), by eating clean and nutritious foods, by exercising and caring for your body, or  avoiding toxins that would strip health such as tobacco, processed/fried/sugary foods, and excess alcohol or excess caffeine.  Your physical health is one of your greatest assets, allowing you to live a full, rich life and enjoy people and experiences.   What is your personal health account like?   What is one action you could take today that would increase the level of physical health in your body?

A third source of wealth is EMOTIONAL/ SPIRITUAL WEALTH.  Being emotionally and spiritually wealthy means that you are able to experience peace, joy, and a sense of wellbeing in life.  Many people achieve financial success, and success in their career, yet carry persistent pressure and anxiety that keeps them from fully enjoying special moments.  I have coached highly successful professionals who can count on one hand the amount of times in their lives they felt truly relaxed.   If our thoughts are anxiety-provoking, and the way we talk to ourselves is negative or harsh or never satisfied, we will not possess a rich internal life.  If our most dominant feelings are heavy (anxiety, frustration, disappointment, guilt, not-doing-enough, feeling insignificant, etc), we do not have a rich inner life.  There are several ways in which you can build emotional/spiritual wealth!  Some people find it through religion, attending services or meetings.  Some people build it through meditation and breathwork.  Some people invest in their spiritual health by spending time in nature, feeling inner connection and presence.  Some people read or listen to personal development material that helps them change negative thought patterns.  Some people practice gratitude or self-compassion.  Journaling, prayer,  counseling/coaching…..these are other examples of small actions that begin to build a rich inner life.  How rich is your inner life?  What can you do to invest more in this area?

Wired deep into every human is a need for contribution, to feel that we made a difference and impacted our world.  Another area of wealth is IMPACT.  This means giving to others, to the community, having a sense of purpose, impacting someone’s life for the good, leaving the world a little better.   When we live without purpose, without impact, we have a sense that something is missing.  We are neglecting one of our human needs!  Life will not feel deeply fulfilling unless we extend ourselves to others.  The Dead Sea in the Middle East does not support life  because it doesn’t have an outlet, or outflow.  The water it receives is trapped, contained within itself, and left to evaporate.  Other oceans that have outlets (flow in and flow out) are teaming with life.  So with us, when we keep our focus, energies, and resources all for ourselves and do not have an outflow, we will not experience a sense of fulfillment in life.  A few ways to build wealth in this area are to contribute financially to a cause, to give your time with volunteering, to contribute your intellectual resources (ex: advocating or mentoring), to give of your talents to help others.  How are you impacting the people and world around you?  What actions could you take to increase this area of wealth in your life?

Many of these areas of wealth effect each other, as the tide rises all boats.  What if you spent time growing your emotional and spiritual health?  As you experienced more peace and joy, your cortisol levels would drop, your body would become physically healthier and also your relationships would improve!   What if you invested in your level of impact?  Your level of emotional/spiritual health would also increase as you felt happiness and fulfillment from meeting your need for contribution to a cause greater than yourself.   

As you read over these 4 sources of wealth, perhaps you realized that one or two of these are in a deficit, or underdeveloped in your life. Maybe you have not invested consistently in a few of these areas, or even recognized them as potential areas of wealth.  For those that practice law, the tendency is to be too heavily focused on career and finances (2 areas of wealth I did not expound on in this article).  While success in your career and finances may be abundant for you, they may not be in balance with the other 4 equally important sources mentioned previously.   This lack of balance would create the “warning signals” that research has shown us are so  prevalent in this profession.  

When our sources of wealth are not balanced, we will know.  There will be anxiety, restlessness, lack of peace,  distress in relationships, failed health, lack of meaning in life, inability to sleep,  and many more signs.   These are not problems, they are signals,  like check engine lights that come on to warn us that something is wrong and in need of attention.  Pay attention to your signals, they are given to you to tell you that something is out of alignment and calling you to action!  Most of us just want the signals (mentioned above) to go away.  Our greatest tendency is to either numb ourselves or treat the signal instead of addressing the deficit.   Imagine if your “Low Fuel” light came on in your car and you just covered it with a piece of duct tape so you didn’t see it, or pulled a fuse to make it go away!  You did not address the deficit in your tank, only got rid of the annoying light.   We tend to get a pill from the doctor to manage our anxiety, or have another glass of alcohol after a fight with someone we love.  My encouragement to you is to listen to these signals (problems), turn towards the source, and to take action on the deficient area.    The signals are telling you that your account is overdrawn and the action needed is to start making slow, consistent deposits to get these sources of wealth to a place of abundance over time. 

Life is most rewarding and rich when we live with abundance in all of these areas of wealth.   My intention for you is to be empowered by this paradigm, to be emboldened to face your areas of deficit, and to be encouraged to make small deposits every day.

Angela Myers is a Personal Development Coach, Presenter/Speaker,  and Author, with her most recent book titled “Living Younger”.