Charlottesville Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus)

D.C. Metro Crash- Both Human and Mechanical Error

Greg Webb — Sun, 19 Jul 2009 21:32:35 GMT

Investigations will soon be underway regarding the Washington D.C. Metro’s Red Line crash that killed nine people and injured dozens. Early indications have suggested a computer system malfunction, while several accounts have raised questions about whether or not the train’s driver applied the brakes in time. The problem, many experts allege, is that investigations usually focus our attention on discrete aspects of human or machine error; however, the real problem usually lies in the relationship between man and the automated system. In fact, metro officials have already begun a review of the automated system on the track where the accident occurred and found anomalies. Although such measures are essential, a safer automated system leads to a paradox because the safer the automated system, the more powerful it becomes and the more humans rely on it.

Automated systems are often created to relieve humans from partaking in repetitive tasks. For example, the autopilot on a plane or the automated speed-control systems in mass transit are conveniences but can become crutches. The more reliable the system, the more likely humans will lose their concentration, or overtrust the system, thus increasing the likelihood for catastrophe. Many times machines are used instead of humans in very important situations, such as airplanes being manufactured with weight-sensitive sensors that activated once the wheels touched down for landing. These sensors eliminated a pilot’s judgment, and in one case, led to an accident after rain on the runway caused the plane to hydroplane. Because the sensors did not allow the pilot to interfere and operate the plane’s thrust reversers, the airplane overshot the runway.

There is a growing consensus among experts that automated systems should be designed to enhance the performance and accuracy of human operators rather than make them complacent; human “interference” should not be eliminated. Several studies show regular training exercises that require operators to shut off their automated systems and run everything manually are useful in retaining skills and alertness. Further, understanding the way automated systems are designed allows the operators to not only detect when a system has failed, but to notice when systems are on the brink of failure.

Originally posted at InjuryBoard by Greg Webb

Supreme Court OKs Claim For Punitive Damages In Tugboat Case

Greg Webb — Sun, 12 Jul 2009 22:13:14 GMT

In a recent 5-4 vote, the Supreme Court has ruled in favor of Edgar Townshend, a tugboat crewmember who injured his arm and shoulder when he slipped and fell on the boat’s steel deck. His employer, Atlantic Sounding Co., said they would not pay for his medical care or time off. This decision allows seamen who are injured on the job to sue for punitive damages, or money that is intended to punish a party for its behavior and prevent a reoccurrence of that behavior, when their employers refuse to pay for time off or medical care.

For this Supreme Court to support a punitive damages case is a good thing, given its reputation as having a strong, conservative, pro-business tilt, given former President Bush's appointments. This was a victory for the working person - the little guy - against a business who allegedly mistreated an employee.

Originally posted at InjuryBoard by Greg Webb

Safety Groups Push For New Safety Rules for Bus Travel

Greg Webb — Wed, 06 May 2009 21:00:46 GMT

In a charter bus accident last year, known to authorities as Mexican Hat, nine people were killed and forty three more were injured after the vehicle slipped off of the road at a curve, dropped off an embankment and toppled over. Though it only rolled once, the force of the flip shredded the roof and knocked all but two passengers out of the bus; the only two people that were not thrown were the bus driver who had the only seat belt on the bus, and a passenger whose leg was stuck. This crash was one of six deadly bus disasters in the past two years and has prompted renewed calls for expanded federal oversight of the nation’s commercial bus industry. Last week, the government laid out its inquiry into the Mexican Hat case. One of the victim’s mother claimed more government regulation, such as requiring motor coaches to supply seatbelts, would have saved the life of her son.

Because some of the newest SUVs have more safety equipment than a typical motor coach, federal regulators at the National Highway Traffic Safety Administration (NHTSA) have started to crash test buses, though they claim this process cannot be rushed; they are now in the process of improving emergency exits on buses and wrapping up research that could lead to new seat belt rules.

Since 2000, a year after the National Transportation Safety Board issued a report calling for stronger federal rules to prevent bus crash fatalities, 401 people have died in motor coach accidents. According to U.S. government, fifty-one people died in commercial motor coach accidents in 2007, an increase from the thirty-nine that died in the previous year; data from 2008 is not yet available. Though this figure is far less than car accidents, it is four times more than that of trains and twenty times more than commercial airliners.

The commercial bus industry has been growing by three to seven percent annually in recent years due to the state of the economy. Airlines cut their routes to connecting cities in order to save money, which forced people to find an alternate means of travel. Some consumers would also rather pay less to use the bus system than fly. Buses are furthermore very popular amongst “vulnerable groups”, such as the elderly and student groups.

In 2007, a high profile accident occurred when a bus loaded with Bluffton University baseball players plummeted off of an overpass, causing seven deaths. This provoked two United State Senators to push legislation to overhaul motor coach safety. A version was reintroduced in Congress this year but the prospects are unclear. Safety groups blame bus industry lobbying groups, such as the American Bus Association, for pushing competing legislation that sets obstacles for the new bus laws.

This commercial mode of travel should be more closely monitored and regulated, similar to the airline industry. Hopefully, progress can be made in this regard in the coming years.

Originally posted at InjuryBoard by Greg Webb