August 2011 Archives

August 25, 2011

Settlement in Taser Death Suit

images[3].jpgA federal judge in Bay City, Michigan, recently approved a $1 million settlement in the wrongful death suit filed by the family of a Bay City teen filed by his family. The wrongful suit was filed in December 2009, following the death of 15-year-old boy died when Bay City police used a Taser to subdue him.

The autopsy showed the teen died of "alcohol-induced excited delirium" together with "application of an electromuscular disruption device." Officers claim the teenager was drunk and displayed an aggressive stance toward them when they were responding to reports of a fight. No charges were brought against the officers.

People often assume that since Tasers are less lethal than guns, that they are relatively safe to fire at people. In fact, Tasers have been involved in a number of deaths.

Because of the potential for serious injury and death, Tasers may result in wrongful death cases in the context of a civil rights action against law enforcement or even a civil lawsuit against a private party for assault and battery.

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August 10, 2011

Google Robotic Car Rear-ends another vehicle

unnamed[1].jpgAs you may know, Google has been experimenting with cars that can actually drive themselves without human assistance using Google's map applications along with other hardware like video cameras, lasers and radar to have a driverless car. One of Google's self-driving cars was involved in a rear-end collusion in California. As expected, critics are now questioning the safety of these vehicles.

Google asserts that at the of this accident, the car was not driving itself but was, in fact, operated by one of its employees. "Safety is our top priority. One of our goals is to prevent fender-benders like this one, which occurred while a person was manually driving the car," said a Google spokesperson, noting that its self-driving cars have traveled more than 160,000 miles autonomously without incident.

This minor accident brings into focus the question of when will computer technology be sufficient to replace the judgment exercised by humans beings when they drive. Now, we have GPS's which guide us to our destination, cruise control and active warning systems to alert us when somebody is in our blind spot. While the technology to replace human drivers is not yet here, it is not inconceivable that this will be coming in the not to distant future.

Nevada will become the first state in the nation to pass legislation legalizing driverless vehicles after considerable lobbying by Google. Nevada's DMV is working on a series of regulations regarding self-driving cars, including requirements for insurance.

Certainly self-driving cars present the promise of reducing accidents from human error but until that day occurs, we will all be surrounded on the road by human drivers using their cell phones, blasting their radios, and distracted by all sorts of outside stimulii. Accidents due to driver negligence will occur and many of these drivers will not have liability insurance.

While the Bible tells us to err is human and to forgive is divine, we should all think about what happens if we or a loved one are seriously injured through the negligence of a driver who has not purchased insurance. The only way to protect you and your family from the financial consequences of this scenario, is to purchase uninsured motorist (UM) coverage from your insurance company. UM is not required by the State of Florida and is typically not included in your insurance policy when your agent sells you "full coverage." You need to specifically ask your insurance agent for UM coverage when you purchase insurance or you will probably be out of luck if you get hit by an uninsured human driver.

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August 1, 2011

Paris Hilton's kid brother owes $5 Million to Gas Station Employee

images[2].jpgA Los Angeles jury has ruled that Barron Hilton (Paris's little brother) is responsible for almost $ 5 million dollars in damages to a gas station attendant he struck with his car in 2008. Earlier that same day he was arrested for drunk driving.

Fernando Tellez claims he was severely injured and underwent several surgeries and medical procedures after 18-year-old Barron collided him with his Mercedes-Benz as he pulled into a Pacific Coast Highway gas station.

Before his accident with Tellez, Hilton was was arrested for DUI after his blood-alcohol level registered 0.14, well above California's legal limit. Witnesses also said Barron Hilton was driving the wrong way down the highway for miles just before crashing into Tellez.

In the DUI proceeding, Barron pleaded no contest and received three years' probation.

According to the Los Angeles Times, the $4.6 million judgment covers pain and suffering, medical expenses and loss of earnings. Additionally, Hilton must also pay $225,000 in punitive damages and almost $71,000 in interest.

Barron was unavailable for comment. According to his Twitter page, the day the jury rendered its verdict, he was vacationing in the Hamptons.

Apparently the jury was unimpressed with Barron's family background. Instead of showing his concern for the judicial process and the victim of the accident, Barron took off to the Hamptons. Looking at the amount of the verdict and the fact that it involves punitive damages, it appears that the jury was trying to send young Barron a message. I can't help but wonder if Barron got it.

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