Star Trek Actor's Death Inspires Class Action Against Car Manufacturer (cnn.com)
Anton Yelchin, who played Chekov in the new Star Trek movies, was killed Sunday when his own vehicle rolled backwards. Now Slashdot reader ripvlan writes:
It has recently emerged that his vehicle was a Jeep. As discussed on Slashdot previously consumers are having a hard time knowing if the vehicle is in "Park." A new class action lawsuit is gaining momentum... Also Maserati has a similar system and can join the class action.
In fact, Maserati "is recalling about 13,000 sedans that have the same sort of gear shifter that was used in the Jeep that killed Yelchin," according to CNN Money, and Chrysler Fiat had in fact already filed a recall notice with federal regulators in April for Yelchin's band of Jeep, "but owners had only received a warning and not an official recall notice at the time of Yelchin's death". The lawsuit claims Chrysler "fraudulently concealed and failed to remedy a gear shifter design defect affecting 811,000 vehicles and linked to driverless rollaway incidents," including 2014-2015 Jeep Grand Cherokees, 2012-2014 Chrysler 300s, and 2012-2014 Dodge Chargers.
In fact, Maserati "is recalling about 13,000 sedans that have the same sort of gear shifter that was used in the Jeep that killed Yelchin," according to CNN Money, and Chrysler Fiat had in fact already filed a recall notice with federal regulators in April for Yelchin's band of Jeep, "but owners had only received a warning and not an official recall notice at the time of Yelchin's death". The lawsuit claims Chrysler "fraudulently concealed and failed to remedy a gear shifter design defect affecting 811,000 vehicles and linked to driverless rollaway incidents," including 2014-2015 Jeep Grand Cherokees, 2012-2014 Chrysler 300s, and 2012-2014 Dodge Chargers.
Unfortunately, this is a design issue. A dramatic change from how most people are familiar with selecting gears. There is no tactile feel to knowing your in a certain gear. You have to visually rely on the indicator to know what gear your in. Most people would instinctively think they have selected Park when in fact they have selected Reverse in these cars. What engineer thought this was a good ideal considering the history of gear selection is beyond me. Someone said it was all about making the cup holders bigger? Are you freakin' kidding me? Ford has gone a similar way but with a large dial indicator, which at least gives some tactile feedback along with a selection indicator. Yes, you could argue some of this goes back on the driver incapable of properly operating their vehicle. But the design and function which just doesn't give any physical sense of knowing what gear your in has to bear much of the blame. Chrysler has a major problem on it's hands and a software update won't fix this.
"The gear selector in these vehicles always remains upright. The driver moves it forward or back to select a gear, but it then returns to its original upright position."
Pretending this is my office full of bitter coworkers..
As someone who drives a car with an electronic handbrake, it eludes me as to why that feature, which auto-releases when I pull away (DANGEROUS!), and auto-applies when I've braked manually on a hill until the car pulls forward, does NOT automatically apply when the engine is off entirely.
I got out of my car on my drive (fortunately quite flat) after driving a friend to my house. They were in the car and I parked, pulled the handbrake (really a switch) and got out. And the car rolled away. Maybe I didn't pull it properly, or maybe I tapped a pedal on the way out, but for whatever reason it decided to let me get out of the car without the parking brake on without a warning.
Fortunately, I was only half-out so I was able to jump in and press the footpedal as it rolled away but I spent the next afternoon doing nothing but testing it, on hills and other scenarios. It totally destroyed what little trust I'd built in that feature (I hate unnecessary electronic systems anyway, but I was getting "used" to that to help on hill-starts, etc.).
My question is why? Why does it apply for pointless situations that you always have been used to having to manually doing something (hillstarts), but not when the engine has just been switched off, the driver unbuckled, the door just opened. If you WANT to tow it, it would be a cinch to push the button down deliberately for a second (which indicates definite intention to release the brake), but why would you not auto-apply in the ONE situation that you need to.
I tested it and I can even double-lock the car and it will still let it roll away and not apply the brake. The only "warning" is lack of a brake symbol on the dash.
Useless fecking features, check.
Critical safety feature that's obviously going to be needed once the driver gets used to the automatic system, nah, we'll just leave that out.
Now I just have to go back to when I first learned to drive and pause, hands hovering over the wheel, for a second before I open the door in case there's something I did that didn't take effect. It shouldn't be necessary.
Still convinced that I pressed the damn button, though, because I could not replicate that roll-away, but if there's an automatic system like that, it's the work of a second to make it infinitely safer with a simple update.
I've been reading about this electronic shifter issue for some time before Anton's unfortunate death and I could not understand the insistence of Chrysler to keep at it for years when there were over 100 documented crashes and so many complaints. Sure, I understand that it doesn't actually fail, it is user error, but if you have to (literally) put bells and whistles in place to warn drivers they have selected the wrong position, you should realize that you are doing something wrong. Additionally, it must cost a lot more than the simple mechanical stick that everybody knows how to use, so there should be some important reason to put it in cars, and yet I haven't come across any praise for it in reviews etc. Are there people who look for it when buying a car? I would expect not, while an electronic shifter might appeal to someone buying a manual transmission car (yeah, electronic shift like formula-1 baby!), we are talking about automatic transmission here, the only job of the stick is to switch modes unambiguously (and preferably fast - it is always one movement with the standard stick, it could be multiple as I understand it with the electronic type). In the end, when you've "dumbed-down" (not necessarily in a bad sense) driving with an auto transmission, you shouldn't expect having no problems when you change something as basic as that.
Unless I've missed something and it is an option on Chrysler cars, not the standard shifter. Otherwise, I don't get it...
Violence is the last refuge of the incompetent. Polar Scope Align for iOS
I'm having a hard time buying this "difficulty to know when it is in park" premise. Yes, the shifter design is silly/stupid, and I wouldn't favor it. But, come on. There is an indicator light (actually I think there are two, no?). If it lights up "P", it is in park. If it doesn't light up "P", it is NOT in park. How hard is that? Additionally, the chime when you open the door and it is not in park should be a giant clue.
I just don't get it. The case is sad and regrettable, but I don't see any wrongdoing and it shouldn't be legally actionable. If I'm missing something, please inform me.
Please tell this to every speeder, red-light runner, drink-driver, dickhead on their phone, etc. Right down to those dickheads that cut in at the last minute after 800 yds of warning signs.
Because whenever I do, I get a load of abuse. Everyone up in arms about speed cameras, speed "traps" (they can't "trap" you if you're fucking speeding in the first place, no matter where they site their camera/detector), etc. all the damn time.
Obviously because "everyone does it", it's automatically less dangerous.
I've been reading about this electronic shifter issue for some time before Anton's unfortunate death and I could not understand the insistence of Chrysler to keep at it for years when there were over 100 documented crashes and so many complaints.
The redesign itself would be an admission of design flaw, thus instigating momentum for an official recall.
Happiness in intelligent people is the rarest thing I know.
Ernest Hemingway
I can't think of any good reason not to put the thing in park when you turn off the engine and want it to stay in place. Engage the parking brake while you're at it, single fault safety and all that.
It exists for a reason. Yes this shifter is a dumb design, but it doesn't exactlt require a degree to operate it, its little different to a bike sequential shifter and people manage to operate them ok. This is just dumb fools looking for a payout for their own stupidity. And I feel sorry for this actor and his family - but leaving a car on a hill and not even putting the brake on , never mind checking the gears was just asking for a Darwin award nomination.
I think that people need to be re-trained to actually use the PARKING BRAKE. It's not supposed to be an 'emergency brake' as it'll do jack all if you're at speed.
But if you set it, your car is a whole lot less likely to move.
I don't read AC A human right
BMW X3 on the other hand has a traditional shifter and shows the position clearly. But its parking break is electric. Just press the button and hope it is engaged correctly. It has auto parking brake, that will apply every time the car comes to a halt and auto release when the gas is pressed.
Trains always had their brakes applied all the time. A locomotive must create a negative pressure to keep the brake released. Any interruption to the vacuum line, the brakes apply automagically. Westinghouse invented this some 120 years ago. Still no car even thinks of using such a method. There were times when they stupidly designed windshield wipers to work off the negative pressure in inlet manifold. But no advancement at all in keeping the parking brake applied in a fail safe manner.
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
yuh, BMWs have a separate "P" button. To go backwards you push the shifter forward, not exactly a logical move but it does conform to the standard PRNDL pattern.
Serenity now, insanity later.
When you leave the car, use the parking brake (and curb your wheels when on an incline). It's actually the law in some states. Anybody who doesn't do that and relies on the "P" setting of their automatic transmission isn't just a risk to themselves but also a risk to others. That's not just because relying on "P" alone creates a single point of failure for a multi-ton lethal projectile, but also because the "P" setting simply isn't designed to guarantee immobilization of a car. While it's sad that Yelchin died this way, this should not be the car manufacturer's responsibility: the car was parked improperly.
https://en.wikipedia.org/wiki/...
http://www.driversedguru.com/d...
something upscale like a Land Rover
A Land Rover is the ultimate "I don't know shit about cars but this one is expensive and foreign so it must be good" vehicle. Runner-up: Lotus.
Hopefully wih Brexit those engineering pieces of shit will stop leaving the UK.
lucm, indeed.
I'll admit they rank low on reliability but most people with money buy a new one every few years so they never notice. What is wrong with Lotus? A small British sports car with a Japanese engine? Sounds like the best of both worlds.
Only the State obtains its revenue by coercion. - Murray Rothbard
Maybe people should just learn proper car handling. .abuse the "P" position of an automatic gearbox. It was not meant for that, it is not fit for too; on hills it also puts unnecessary stress on the gearbox. /on top of/ the basic good practice of using handbrake.
Any position where the car is halted means you put on the handbrake. Traffic light, drive way, parking lot, wherever.
Not . ever
That "P" position is little more than a gimmick only present on automatic gearboxes, or at best, a feeble extra safety measure to be used
... famous.
Celebrities have more value than commoners?
It little behooves the best of us to comment on the rest of us.
OMG, have you been driving a car with no idea what he handbrake is used for? I drive a manual, and have for about 30 years now. It's a preference, but I still know that every single car I've ever driven, and this is hundreds of them of all sorts...all have a handbrake - which you might call an "emergency brake".
When you park your car you are meant to:
* turn off the ignition
* drop it into first gear if a manual or park if an auto
* pull on the handbrake
None of those steps are optional.
All those moments will be lost in time, like tears in rain.
Sorry dude, the most efficient way for cars to handle a closing lane is to use all the available space and zipper with the next adjacent lane as near to the closure as possible. Those people are doing it right, and you are doing it wrong by merging a mile early and leaving that lane unused. See all the the guidance given or this study [PDF] or this one.
This might also be a good time to consider civility and not calling people 'dickheads'. Consider that even if you were right and they were wrong about the proper way to merge, that would just mean they were mistaken, nothing more.
That's my thought with it as well. I have owned a Prius and currently own a Leaf which uses a similar setup. They made the shift setup different enough that you don't have muscle memory competing with you. Making the shifter look the same but work differently is stupidity of the highest level. And with the whole thing being electronic now, just make the car automatically go to park mode if the engine is off, driver door is open, or the driver is not present. Simple software update as all the required sensors are already there.
Yes, people should use the parking brake. But they don't. I even had a driving instructor get after me for using it, he said it was "unnecessary". So it's not surprising that people don't do it. The vehicle should have basic fail safe setups. Make it possible to override, but have big warnings and noise if they do. If a distracted user can easily miss that the vehicle is not in Park mode with the engine off or doors open, the UI has a serious flaw that needs fixing. We all agree drivers shouldn't be distracted, but they are. Everyone gets in a hurry or something once in a while.
While a death as a result is tragic, I don't think it rises to a fault of the manufacturer that should result in legal action. With the current courts and laws though, it probably does. And the lawyers involved will get millions, affected owners will get a coupon for a free oil change or similar.
Frankly, we wouldn't even be discussing it if it hadn't been a famous/rich person who was killed. Sad as that is.
In modern aircraft (that is to say from dawn of glass cockpits), pilots have been taught to reference FMAs (flight mode annunciators) as depicted on the PFD rather than switch positions. As to what mode is selected, a button push is a rumor, an FMA is a fact. Classic example: most Airbus have an electric switch that selects the parking brake and a triple gauge that shows brake pressure. There have been numerous occasions where pilots set the switch to "on" but failed to check the gauge resulting in unintended aircraft movement. Just as in this case, injuries or death can result.
Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?
I looked it up. Donald Norman, The Psychology of Everyday Things. It was later renamed to 'The Design of Everyday Things'.
All uxtards should read it. Some of them might even grok the points it makes.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
"So, how many miles had xyz driven on that Jeep?"
"22,112."
"Don't you think that would be a enough time to figure out how the [bleeping] thing worked?"
If people had accidents on their way home from the dealership, that'd be one thing. People out of their first week...no, no sympathy.
Maybe NHTSA thought that people would read their owner's manual? And/or learn how to use said vehicle before using it (a lesson you could have learned yourself).
I looked it up. Donald Norman, The Psychology of Everyday Things. It was later renamed to 'The Design of Everyday Things'.
A great book. Jeep must have won an award for their shifter design...
I'm a consultant - I convert gibberish into cash-flow.
My 2013 BMW has a shifter that's the "spring back to rest position" type. But BMW's design hasn't led to any roll-away issues whatsoever that I've heard of. I think there are a few design-related reasons why. The first is how the gears are actually selected - push the lever forwards to select reverse, pull the lever backwards to select drive. This is in contrast with the Chrysler shift where appears to be a pull-back regardless of whether you want to go into Reverse or Drive from Park. Also, the BMW shifter has a push-button that does nothing but tell the car to go into Park, so it's obvious when the Park command has been given. With the Chrysler shifter, the command to go into Park from Drive is to push the lever forward - which is the same motion to put the car into Neutral from Drive, but you have to move the shifter further for the Park function. I can see how this can be very unclear for the driver. Finally, BMW has programmed the car to go into Park if the driver's door is opened, even if it is moving slowly which can be quite jarring I've heard. (I know of nobody who has tested opening the door while at highway speeds. :) ) Mostly, people on the BMW forums have been complaining how difficult it is to get the car into Neutral and keep it there.
* With the service brakes STILL APPLIED, apply the parking brake.
* With the service brakes STILL APPLIED and the parking brake engaged, shift into park / clutch down, into first.
* With the service brakes STILL APPLIED, turn off the ignition.
* Slowly lift off on the brake pedal and check for any unintended movement. Then foot off the clutch pedal if a manual.
When I took driver's ed and even as part of my road test for the license, you were required to use the parking brake. Do they not teach that anymore?
It's been a long time but I liked the book a lot and never forgot the main message.
In the video of the shifter you can see that they took care to add multiple ways of visual feedback on the dashboard , probably to compensate for the loss of tactile feedback. This year old review describes well how drivers need to adapt to it. It doesn't show the dashboard, for that I checked other reviews.
review
Sorry dude, but I learned that merging early is the only correct and civil way of doing things. And not only did I learn that way, but millions of others did as well.
Many of us were even taught that was *exceptionally rude* to pass the line of slowed, merged cars, only to duck into line at the last moment, whereby grown adults would shout "Oh, look at that asshole, who does he think he is?" at the offending party.
It might be a great concept and all, but it's going to take a lot of re-educating drivers. Which is almost fucking impossible in a country where a license renewal generally just consists of a photo, a vision test, and a rubber stamp.
Kid-proof tablet..
That way the weight of the car is being supported by the parking brake and not the engine (or something... I'm not a car guy), which would be used as a back up in case the parking brake fails.
Indeed That's the reason I mentioned using the parking brake - on a slope, if you put it in park AND set the brake, you have 2 redundant systems that should stop the car from rolling. If you do the third thing - properly angling your tires, you're either creating a 3rd backup with a curb or at least limiting the damage.
It's the same reason we mirror drives and such - If you have two 99% effective systems that are completely redundant, you reduce the failure rate from 1% to .01%.
I don't read AC A human right
What is wrong with Lotus?
Buy one. Then when you're stalled by the side of the road half a mile after leaving the dealership, you'll have plenty of dashboard fault indicators to realize what's wrong with Lotus.
Of course you'll get it back (somehow) to the dealership, and they'll say it's just a bad fuse. So a few days later when the car stalls again, or when the doors won't unlock, or the radio won't play music, you'll figure it's just a bad fuse again.
Fast forward six months and thousands of dollars of repairs that were for some reason not covered by the "bumper to bumper" warranty, you'll find yourself offloading this piece of shit to an unsuspecting idiot. Buying an unreliable luxury car is a lot like watching the tape from The Ring; at some point you just can't take it anymore, you have to give the curse to someone else.
lucm, indeed.
It's been a long time but I liked the book a lot and never forgot the main message. In the video of the shifter you can see that they took care to add multiple ways of visual feedback on the dashboard , probably to compensate for the loss of tactile feedback. This year old review describes well how drivers need to adapt to it. It doesn't show the dashboard, for that I checked other reviews. review
Yup, it's pretty clear on the dash; although the shifter would be better if the lights of the non-selected gears on the shifter would be off so only the selected gear was lit.
I'm a consultant - I convert gibberish into cash-flow.
My auto car has a physical link from the shifter to the parking pawl. The interlock system also won't let me turn the ignition to off without putting it in park first.
Some people are stupid and enjoy putting undue stress on their transmission.
I have a 2013 Prius, and that's been a constant problem.
On at least one occasion (that I know of), I was able to exit the vehicle and enter my house, taking my key with me, and even without the presence of the key the car remained in reverse. It was only the fact that it was parked on a slight upward (to the rear) incline with cinder blocks as a barrier (it's a rural neighborhood with no paved driveway or parking area, don't judge me) that prevented it from continuing to idle backwards into the outside stairwell in front of the house.
On at least one other occasion, I started to get out only to find the car continued moving backwards because it was not clearly signaling that it was still in reverse.
At the very least, they should prevent motion when the key is moved away from the vehicle.
There's lots of problem with the parking brake as an emergency brake. While on some models, yes, they'll lock up the rear tires, on others they won't, and a secondary problem is heating causing brake fade.
As they're not intended for use while driving, they're pretty much all or nothing. You can't apply them partially with an acceptable amount of control.
Thus, my labeling it as a parking brake, not an emergency brake. I've never used it in an emergency, but as a driver of a manual transmission, setting it is part of my parking ritual.
I don't read AC A human right
Jokes on you. I don't even drive. And you completely ignored the part where I said that not all cars have them, though that appears to be automatic transmissions whose park mode may be completely different from manuals, but probably wouldn't hurt to have the same brake as a manual, though that might be overkill. I also pointed out that there was misinformation that could be partially dispelled by a marketing campaign.
The "P" position of an automatic transmission has the obvious use of engaging the parking brake and disengaging gears. Its suitability to that task however is another question altogether. What leads you to believe it isn't up to that task?
As the other person pointed out the gearbox is apparently not engaged when an automatic transmission is in park, so I guess it wouldn't damage the gearbox... ever? Unless it is somehow tampered with to not disengage the gearbox, I guess.
The brake handle thing on manuals could damage the gearbox if used while driving or on a hill.
Shall we say Nooooo. Have you ever driven a car, any car? All cars have a hand or emergency brake, near as I can tell. They operate in the same way and can be activatd by pulling the hand lever up or toard one's self, or if the.brakeis foot operated, as it is in many pickups, SUVs and other really manly vehicles, you step on the pedal with your left foot and push it down town toward the floor and leave it there, unltill such time you want to release it. Putting an automatic transmission into Park most certainly does not engage any sort of brake
I accept your point about how it used to be taught, but I hardly see how that's relevant. No one would claim that stuff learned decades ago in school still applies in the face the overwhelming consensus from traffic engineers. That's just not how facts works.
Nor do I see how we need to re-educate all drivers all at once. Programmable signage is already deployed and so long as enough drivers are doing it the right way, it doesn't matter how many continue to merge wrong. The only thing those drivers do is slow down the destination lane, further incentivizing people to remain in the source lane until the proper merge point.
Finally, this is a pretty good example of why you shouldn't teach kids that certain behavior is "rude" as opposed to merely conveying the best knowledge about what's the most efficient. Once you do, it's much harder to revise that emotional judgment if and when facts change in the future. The added benefits of civility should also be fairly evident :-)
Publicity leads to frivolous lawsuits. At the end of the day, he died because he failed to use the safety features available to him. This thread illustrates that many of us are guilty of the same. However the fact still remains that he failed to set the parking brake, and then fought a vehicle with decent ground clearance instead of falling flat to the ground and letting it roll over him -- or getting out of the way. The shifter is a problem, but it is only one part of a multiple step process. The user chose to ignore the primary parking brake and was killed as a result of that decision. It's very unfortunate, and even more so that rather than using this incident to promote safety awareness (which would actually save more lives) -- we have to focus on finding someone to sue.
Perhaps I was trying to steer your argument in favor of my own want for re-education programs.
Many drivers consistently don't know how to use shared turn lanes properly. They consistently misidentify passing zones (!) on rural 2-lane roads. They consistently don't know how to handle an intersection with (gasp) more than one dedicated left-turn lane.
Currently, the only reinforcement of correct behavior is negative: Car crashes and tickets for those who get it wrong. This is a problem.
Just have people take the same written test that new licensees have to take, every 5 years, with zero immediate penalty for not passing, and many opportunities to re-take. If drivers are as good they claim to be (I'm the best driver in the world, and so are you! Just ask one of us!), it'll be no big deal since they already know this stuff.
Right?
Kid-proof tablet..