In “Automated Driving Systems 2.0: A Vision for Safety” (the Vision), the U.S. Department of Transportation updated its safety guidelines for the testing, manufacturing and deployment of self-driving, or autonomous, vehicles. The new version is not only significantly more relaxed than its predecessor, but also emphasizes its voluntary nature “this Guidance is entirely voluntary, with no compliance requirement or enforcement mechanism.” Car manufacturers and technology companies are praising the new guidelines as they allow these entities broad discretion by “encouraging the self-establishment of industry safety norms.” Essentially, the DOT is advocating for these entities’ independence in establishing the standards for employee training, consumer educating, and overall quality in the autonomous vehicle industry. However, giving private businesses full reign to establish adequate standards for their own products creates the unavoidable risk of companies prioritizing their own financial self-interests over the interests of public safety.
While the Vision’s goal is promoting innovation in the autonomous vehicle industry, it is unclear how it will be implemented without stripping State and Local governments of regulatory power. In the Vision’s Introductory Message, U.S. Secretary for Transportation, Elaine L. Chao, contemplates “a future” where “the elderly and people with disabilities gain access to the freedom of the open road” with self-driving cars. However, this is rather a bold assertion as it presumes that either the States will proactively revise current legislation to reflect and support the self-established industry norms, or Congress will preempt the States from legislating on self-driving vehicles. The Vision states, “NHTSA is responsible for regulating motor vehicles and motor vehicle equipment, and States are responsible for regulating the human driver and most other aspects of the motor vehicle operation,” yet it is unclear where on the spectrum a human driver behind the wheel of an autonomous vehicle would land – under NHTSA’s or the State’s regulatory power? Assuming self-driving cars allowed the elderly and disabled wider access to “the open road,” this would necessitate a more lenient revision of licensing requirements as well as traffic laws and regulations.
It is inevitable that self-driving vehicles will lower both driver alertness and control as the driver will be allowing the autonomous system to maintain primary control over the vehicle. Minimizing human interaction could trigger an influx of potential concerns, including questions of accountability. If an autonomous system fails to acknowledge a red light or perceive a merging vehicle resulting in a crash, should the driver, the manufacturer, or both be held accountable and to what extent? Beyond liability, how will driver alertness be mandated, measured and enforced? Will autonomous vehicles substitute the driver or supplement driving? Misclassifying autonomous vehicles as substitute drivers instead of a complement to driving (and vice versa) could easily transform self-driving vehicles’ safety function into a safety hazard; under-reacting to a situation can be just as dangerous as over-reacting, and the hazards associated with both can be expected to increase as driver alertness decreases. According to the Vision, consumer education and employee training (which could minimize risk) should be the responsibility of the manufacturer, but it is highly unlikely a manufacturer’s commitment to public safety would come at the expense of finalizing a sale. So the final question is… how effective can we really expect self-serving safety standards to be?
Michael Rose of Hach & Rose, LLP was quoted by the Times Union in a story this week.
Attorney Rose is representing the family of Edson Thevenin, a man who was fatally shot by police. The officer who fired on Thevenin has been on paid administrative leave since April 2016, when the shooting took place. He was reinstated this week.
The Thevenin family’s case has yet to go to trial. In a statement, Rose outlined some of the thorny issues surrounding this reinstatement. “The current litigation on behalf of Edson Thevenin’s family will raise questions about this decision. The Thevenin family looks forward to their day in court.”
Read more about this developing story here.
Hach & Rose attorney John Blyth discusses what it means to be a “fall risk” when it comes to nursing homes and caring for the elderly. At Hach & Rose, LLP, we firmly believe that our loved ones deserve the utmost care in a nursing home, and if they are not properly monitored or taken care of according to their specific needs, the nursing home should be held responsible for their failures.
Our elderly loved ones deserve to live with dignity and proper care, and we will not stand for anything less than ideal treatment. For more information about your rights and the rights of your loved one, contact us at (212) 779-0057 today.
In a new video FAQ, Hach & Rose, LLP attorney David Cheverie discusses his personal experience in construction work and how it has helped him fight on behalf of injured construction workers in New York City.
David’s passion for his clients and his true experience in construction is a large reason why injured workers turn to him and the team at Hach & Rose, LLP. If you or someone you love has been hurt on a construction site, it is important to only hire an attorney who knows how to handle these types of claims.
David and the team at Hach & Rose, LLP have dedicated their careers to helping people just like you, so contact us at (212) 779-0057 to discuss your case today.
Under what circumstances can I arbitrate my auto accident claim?
In this week’s newest video FAQ, Hach & Rose, LLP attorney Halina Radchenko discusses the circumstances in which parties may privately resolve a claim outside of the courthouse through arbitration. She explains that this method may allow a faster resolution for your claim, while still recovering the same amount of compensation for your claim. She goes on further to explain why it may benefit individuals in New York, due to the large number of cases already in the court system.
While arbitration may not be right for everyone, it is important to discuss your options with an experienced attorney from Hach & Rose, LLP. Contact us at (212) 779-0057 today.
In a new video FAQ (see above), Hach & Rose, LLP attorney Halina Radchenko discusses how she and her team are able to give back to the justice system. She discusses her volunteer role as an officer with the New York State Trial Lawyers’ Association, which helps level the playing field between injured individuals and insurance companies and/or large corporations. Through this organization, she and other members of this association are able to share true client stories with the politicians who make the laws that affect these injured individuals.
If you or a loved one has been injured in an accident, you do not have to fight the insurance companies on your own. Contact an experienced injury attorney of Hach & Rose, LLP at (212) 779-0057 today to discuss your case.
We are proud and humbled to announce that Hach & Rose, LLP has moved to a new, larger space at 112 Madison Avenue, 10th floor. Over fifteen years ago, we started our law firm with little more than a vision and a tiny low-rent office. Our vision was to become one of the best personal injury law firms in New York; defining “best” in terms of providing the best possible representation to each and every client who trusted us with their case. There were three of us in the beginning – Greg, Mike and Filomena (Filomena was our first employee who now runs the office). Even with limited resources and only a handful of cases, we never lost sight of our vision.
Fifteen years later, we have proudly seen our vision come to fruition through the thousands of people who have trusted us to represent them, and the achievement of obtaining over $250 million in verdicts and settlements on their behalf. This success has allowed us to grow into a powerful law firm – with unlimited resources, new state of the art office space, and a talented staff of attorneys and support personnel – to fight the largest insurance companies and corporations.
The larger we grow, the more compelled we are to stay true to our original vision to provide the best possible service to our clients. Large or small, we commit to preparing each and every case for trial which enables us to maximize recovery for our clients. This is not a small or subtle commitment to our clients. It is the difference between accepting a “low-ball” offer from an insurance company of $50,000 or doing the hard work to obtain a verdict or settlement for over $500,000.
Recent examples include: a jury verdict of over 12.8 million dollars for a woman injured by defective construction, a jury verdict of 1.4 million for an injured railroad worker, and a jury verdict of $225,000 for a person injured in an automobile accident. These jury verdicts let insurance companies and those who defend the negligent know that if the settlement offer is not ideal for our client, we will take the case to trial.
We deeply appreciate the support of each and every client who has trusted us with their case over the past 15 years. We understand that without them, we would not exist. We look forward to serving people by investing our best efforts to obtain the best possible outcome on their behalf.
Very truly yours,
Have you been injured in an accident while riding in an Uber? Have you wondered what your rights may be as a rideshare passenger if your driver caused or was inadvertently involved in an accident? Hach & Rose, LLP attorney Halina Radchenko discusses your rights in a new video FAQ.
If you or a loved one was injured due to the negligent actions of an Uber driver or another driver while you were in an Uber, you do not have to suffer alone. Contact the New York City Uber accident lawyers of Hach & Rose, LLP at (212) 779-0057 today.
If you are interested in learning more about Lavern’s Law, a new bill that has been passed by the New York State Senate and Assembly, read the new article from attorney Halina Radchenko here. As attorney Radchenko writes in the article:
“The recent passage of Lavern’s Law by the New York State Senate and Assembly marked a very proud moment for me as an attorney, as an officer of the New York State Trial Lawyer Association, but most importantly as a woman. Lavern’s Law sought to change the law by allowing a person to bring a law suit against a doctor for medical malpractice 2 1/2 years after that person should have discovered the misdiagnoses as opposed to 2 1/2 years after the date of treatment.”
To learn more about Lavern’s Law and other important cases affecting individuals in New York city and the greater New York area, read more on our Must Know Info page or call us at Hach & Rose, LLP.
Senior partner and lead trial attorney of Hach & Rose, LLP, Michael Rose, has added to the must-know-information released by the firm. He talks about the risks and rewards of taking a case to trial instead of accepting a settlement.
The article, titled The Risks, Rewards, and Pitfalls of Putting Your Case Before a Jury, lists an example of when sending a case to trial might be a good idea and when it might not, as well as other decisions that must be made regardless of the chances of winning a case. For this article and more information that is important, for injured parties as well as other attorneys, head over to the Must-Know-Information page.
If you’ve been injured and you have more questions about what to do next, contact one of the attorneys at Hach & Rose, LLP by calling (212) 779-0057 today!
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