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Black Box in Speeder's Car Helped Conviction
sessamoid writes "This article in Newhouse News tells the story of a man who was recently convicted of two counts of manslaughter and vehicular homicide each, partially on evidence obtained from the Electronic Data Recorder (EDR) in the car. EDR's are found in all cars with airbags to measure the performance and effectiveness of the airbags and the conditions in which they are used. In this case, the EDR revealed that the driver was not travelling at 60 mph, as he claimed, but actually peaked at 114 mph (in a residential neighborhood) just seconds before the collision. Could this be the forerunner of many such cases in the future, where our cars tell the unadulterated facts, rather than subjective personal accounts?"
Stupidity is doing 114mph in a neighborhood. As long as necessary information only is kept in the EDR then there aren't any problems. Look at this situation. You're driving the speed limit on a two lane road, which is 55mph. Its rainy, but the road is fairly straight. Another car loses control because they were going 100mph and hits you head on. You spend a few days in the hospital because you were lucky. The other driver dies. No one witnessed the wreck. You've just been blamed for his death. However, upon checking the opposing vehicle's EDR, your name is cleared, your insurance rates don't skyrocket, and you've got a new car and are back on track in a few weeks. And of course this was posted under a privacy heading. If you were speeding and wreck because of it, you deserve to be blamed for said wreck. The EDR is just a bit of hardware to help in an already-confusing process of determining driver fault. I could have been cleared of fault on my last wreck if my 98 Cavalier had been checked for its EDR. Opposing party said I stopped at an intersection in heavy rain and turned my lights off. EDR could have said I was moving at around 20mph through the intersection when the van with no lights t-boned me doing 80. Fun stuff.
Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
While I can see the benefits of this technology, I also see serious risks in how it can be used.
The accident investigator was able to calculate that he was driving 98 mph using skid marks and the condition of the vehicles, and they didn't have to utilize a black box that could easily be fooled.
The police can piece back together accident scenes with very little eye witness testimony, I only see these new EDR's as an erosion of privacy. How long will it be before the police can scan my vehicle to see if I'm wearing my seatbelt, or ticket me remotely (think red light cameras only for speeding?)
The argument that insurance companies will eventually require these is even more likely.
This seems awfully big brother-esque material... it's scary to think that I could be "autofined" in the future for whatever offense--running a stop sign etc... using technology available today.
Makes me want to keep my 1987 Dodge Colt
paul
I couldn't agree with you more. If you kill someone, you should be held accountable. If you were travelling the speed limit, and it was just an accident, then let the facts show that. If your a lieing asshole on top of the fact that your that you dont realize you should travel 114 in a residential area, then you should get the book thrown at you.
I have no problem at all with these devices being in my car. I pay the occasional speeding ticket, but I've yet to have these devices influence that. In fact, I feel better knowing that they can help convict people who need to be put away.
-- Fighting mediocrity one bad post at a time.
You know, there's no legitimate reason for that claim, and I have yet to hear a 'privacy pundit' explain WHY it's an invasion of privacy. I'm very pro-personal-privacy, and I didn't like the idea when I heard about it- but I've long since realized that there really wasn't any basis for those feelings- that it was just a knee-jerk reaction.
I realized that the data would only help me if I was not at fault, since it would be more accurate than 'accident' reconstruction. It could help me even if I was at fault. In either case, maybe a witness claims I was doing "at least 60", and the black box shows them to be dead wrong(I won't say lie- people are very bad at speed estimation as a rule, and that's under excellent circumstances). The box shows I was doing 40. A 60-in-a-35 now turns into a 40-in-a-35; still speeding, but a whole other picture.
Suddenly the "speed freak murderer who couldn't avoid that kid in the road because of his speed" turns into "that driver couldn't avoid that kid who ran out into the road without looking."
However, the 5 seconds leading up to a crash can provide important data for the manufacturers and accident investagators...particularly if the driver of the car is killed in the crash.
...or if the driver simply doesn't remember, as often happens to people involved in collisions. Someone I know was rear-ended by an SUV-driving-moron doing about 80. One second, the other driver was doing 25 in the right lane(slowed traffic), minding his own business. The next thing he remembered was lying in the grass with an EMT leaning over him saying, "hey, you okay buddy?" He remembers nothing about getting rear-ended by the SUV driver.
Please help metamoderate.
When I was 19, I came across some money, and went out and bought some exteremely fast cars. One of them (not the fastest, but my favorite) was a 1999 Mustang Cobra convertible. Just over 150MPH top speed.
Speeding became my life. I'd fly along the freeways by day, but at night it was a fucking free for all. Top speed down highway 85, racing through the santa cruz mountains, tearing up hwy 101, you name it.
There were a dozen times I pushed it to the edge and came out okay, but there was one that changed my speeding career forever. I was coming home from a ski trip, just entering the Si valley and getting pissed as hell about all the traffic. I was going about 130MPH up hwy 280, and all of a sudden the fast lane came to a stop. I swerved to the right just as the Lawrence expwy exit was coming up, and holy shit there were 50 cars at a standstill in the slow lane. I stood on the ABS - the car started to fishtail and I went flying down the emergency lane kicking up dust with 4" on the right between me and the guard rail. Finally I came to a stop just before the exit, and figured the quickest way out of there was to get my ass back on the freeway and head home, do I did. 100 horns honking.
I will never forget that. 10ms later on the brakes, and I'd have killed myself and at least the occupants of a couple other cars. I quit speeding right after that and sold the 'stang.
Not sure what the moral of this story is - speeding will kill you, everyone knows that. But if you're really into speed, I don't think anything but a near death (or death) experience will change your ways.
"Computers never make mistakes, do they?"
Not nearly as often as humans.
But a human will never make the same mistake 50,000 times in a row in under 2.5 seconds wiping out an entire database.
To err is human, but to really foul things up you need a computer
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- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
Why not? I mean, it's a deterrant isn't it? Automotive safety is a matter of everyone's safety. If clamping down on crazy drivers doing 2x the speed limit, then why not? It's not like we're talking automatic face recognition. We're talking about stopping people who are driving half to one and a half ton potential killing machines.
Non impediti ratione cogitationus.
Okay, people have been concerned about invasions of privacy, police/lawmakers making the boxes WiFi etc. Alas this is probably the way of things to come. Since it is coming, lets direct it in the way we want.
Right now we have to live with the lowest common denominator of driving skills (of which the star of the article was one). This means an SUV driving soccer mom with 5 brats is held to the same standards as a dedicated* rider on a GXR1000 motorcycle. Vehicle differences aside (braking, handling etc...) the people behind the wheel are completely different as well.
Since realtime reporting of all vehicle activity stresses the current regulations to the point of ridiculousness*2, start keying it into drivers as well.
For example I really wish there was some way to do gradiated speed limits. Some sort of transponder (similar to the tolls) or a broadcasting black box that lets the police know you are qualified to go that speed (so one doesn't get stopped without cause/waste police time etc...).
Add in a fee for qualification testing and usage to make up for lost revenue in tickets (are they really about anything else?). I'm sure people would jump at the chance despite any costs the state imposes.
Yes there are plenty of details to work out in the system, but hey, it's a slashdot post.
*This does not include the teenager riding around at 90+ in sandals, shorts, sunglasses and a helmet if the law requires it.
*2 If you honestly believe that you have never broken a vehicular law, you've probably just not read the laws close enough.
* We dance where angels fear to tread *
Lets face it.... 1.5 tons @ 98 mph is an extremely effective demolition tool.
I speak tongue-in-cheek because my best friend and his gf were killed by a driver moving at 90 mph thru a red light....by a truck vs a small compact car.
If it helps put the bastards away for life for murder, which is what I felt it was... then all the better. I'll give up that little bit of safety so that no one else will ever have to experience that phone call.
Police officers not obeying the laws are so bad in some places (like where I live), that I've come up with a nice idea! I say that there should be governors on the cruiser that doesn't allow the car to operate above a certain set speed unless the siren/lights are on. If it could be tailored to fit the speed limit of the street, that would be even better.
Police are supposed to be setting the example, not casually breaking the law as if they were above it. There's absolutely no reason why anybody should be speeding, right? Why shouldn't that also apply to police in non emergency situations? I'd assume that tampering with a police cruiser would be a pretty serious offense, too.
If you want a vision of the future, imagine a youtube comments section scrolling - forever.
He got what he deserved
That may be true. But so would a murderer whose house was searched without his permission if that evidence were admitted.
Historically, our judicial system has been willing to allow guilty people to go free when their rights (especially privacy) have been violated as a mechanism to deter the law enforcement agencies from violating those rights.
And I, for one, happen to think that things should stay that way.
So, "he got what he deserved" is not the point... the ends do NOT always justify the means.
In our legal system, a search can be done without permission of the premises owner, provided a judge is shown there is probable cause; and, he agrees to issue a warrant.
In the case where the skid marks and level of damage clearly indicate he was doing in excess of the speed he claimed, I don't see a problem with any judge issuing a warrant to do further investigation, ie. checking the black box.
I don't have a problem with protecting individual rights, in general. The "He got what he deserved" comment comes from my gut impression where I'm imagining my 2 year old playing in the front yard while a car plows through doing 114mph. At that speed, my 2 year old is very dead!