Accident Law Research Articles

Risk analysis of accident-causing evolution in chemical laboratory based on complex network

Chemical laboratories usually have many high risks from various dangerous chemicals, dangerous devices, and experimental operators involved in the laboratory. Once a severe accident occurs, the accident consequence will significantly impact scientific research innovation and social progress. Aiming at laboratory safety problems, an accident evolution model is established to reveal the critical accident-causing factors and the most likely evolutionary path of accidents in the process of accident evolution. Firstly, the 24 model is used to identify the cause factors of laboratory accidents and the causal relationship between factors. Then, the complex network model of laboratory accident evolution is constructed with accident-causing factors as nodes and causal relationships between factors as edges. Secondly, using the TOPSIS method, four typical complex network characteristic indexes, including degree centrality, betweenness centrality, closeness centrality, and eigenvector centrality, are constructed into a comprehensive evaluation index to reveal the key influencing factors in the accident evolution process. Finally, the fuzzy number is introduced to quantify the uncertainty of the accident evolution path. The most likely evolutionary path is obtained through the Dijkstra and risk entropy theory. Based on the data of 151 laboratory accidents from 2001 to 2022, the accident evolution analysis of chemical laboratories was carried out. The evolution results show that the maximum probability value is the evolution path of fire accidents, and the minimum probability value is the evolution path of electric shock accidents, which accords with the general statistical law of accidents. When applied to the actual laboratory, the safety management level of the laboratory can be effectively improved by controlling the key influencing factors and cutting off the accident evolution path.

Research on the Law and Prediction of Traffic Accidents Based on Value at Risk in the Context of Intelligent Transportation

Research on the Law and Prediction of Traffic Accidents Based on Value at Risk in the Context of Intelligent Transportation

Analysis of the spatial distribution and future trends of coal mine accidents: A case study of coal mine accidents in China from 2005–2022

A scientific grasp of the macro law of coal mining accidents can contribute to strengthening their prevention and control and guaranteeing a stable energy supply. In this study, 2,269 investigation reports of China's coal mining accidents from 2005 to 2022 were adopted as the basic data source, and GIS spatial analysis and rescaled range analysis methods were utilized to comprehensively reveal the spatial-temporal distribution features, and evolutionary patterns of coal mining accidents in China. The findings indicate that the numbers of gas explosion, permeability, outburst, suffocation and roof fall accidents has rapidly declined. The coverage area of coal mining accidents has gradually moved toward western of China. However, the center of the area covered by coal mining accidents during the study period was mainly concentrated in Shanxi and Henan Provinces. Besides, the number of deaths resulting from coal mining accidents across the country has gradually decreased, while the time series exhibited high continuity, with future changes consistent with past changes. The average cycle period of the coal mining accident sequence was 5 years. Through the systematic analysis of coal mine accidents conducted in this research, the law of accident occurrence was more comprehensively revealed, providing a reference and basis for the government and enterprises to implement precise preventive measures.

Numerical simulation study on the leakage and diffusion characteristics of high-pressure hydrogen gas in different spatial scenes

This paper presents a computational fluid dynamics (CFD) model for simulating high-pressure hydrogen leakage and diffusion. The model incorporates heat exchange during hydrogen leakage diffusion and the real gas equation of state in high-pressure conditions. The CFD model can provide superior predictions of pressure, temperature, hydrogen density, and mass flow rate within the hydrogen storage cylinder changes during high-pressure hydrogen leakage compared to existing models. Moreover, the model validated by experimental data enables simulation of the spatiotemporal evolution law of hydrogen concentration and the change of the combustible region in space following a high-pressure hydrogen storage cylinder leak in various spatial scenarios. It can also determine the safe distance after the hydrogen leakage and simulate the impact of the hydrogen leakage on the surrounding environment in terms of temperature, pressure and other physical factors. Furthermore, the model is applicable for simulating the leakage and diffusion behavior of high-pressure hydrogen in various leakage conditions. This capability helps researchers understand the characteristics of high-pressure hydrogen leakage and diffusion, and further study the phenomenological evolution law of hydrogen safety accidents, so as to formulate emergency response strategies.

Peran Pemerintah Kota Dalam Menanggulangi Kecelakaan Lalu Lintas Di Kota Bandar Lampung Akibat Kerusakan Infrastruktur Jalan

This study aims to find out the parties who are related and responsible according to Law Number 38 of 2004 concerning roads (Road Law), for various damage to road infrastructure in the city of Bandar Lampung and their handling and government accountability to parties who are disadvantaged in problems this (273 Law Number 22 of 2009). This study uses normative juridical research with data sources consisting of primary, secondary and tertiary data, analyzed using qualitative data analysis techniques. Data that can be obtained from written materials such as laws, books and documents. And also by using empirical legal research, by using a statutory approach and a case approach, data collection was carried out by means of literature studies and interviews, the data collected was descriptive. (113) Law enforcement for traffic accidents caused by damaged roads, especially in the city of Bandar Lampung, is not only a form of public service, but is a responsibility mandated by law, which if not implemented can lead to serious legal consequences. This study aims to determine law enforcement against traffic accidents caused by damaged roads in the city of Bandar Lampung and what factors become obstacles to law enforcement against traffic accidents caused by damaged roads in the city of Bandar Lampung. The results of research on traffic accident law enforcement due to damaged roads in the city of Bandar Lampung show the weak handling of the traffic police and the Bandar Lampung city government in implementing Law number 22 of 2009 concerning Road Traffic and Transportation, especially article 273. As well as the effectiveness of law enforcement and implementation that occurred in the implementation of the current road is still considered lacking.

Statistical Analysis of Major and Extra Serious Traffic Accidents on Chinese Expressways from 2011 to 2021

In order to explore the law of major and extra serious traffic accidents on expressways in China, a total of 802 cases of major and extra serious traffic accidents on expressways in the past 10 years were collected, and statistical analysis was conducted from the aspects of time distribution, spatial distribution, accident form, and accident cause. The results show that in the past 10 years, the incidence and casualties of major and extra-serious traffic accidents on expressways have shown a fluctuating downward trend. In January, May, August, and November every year, between 6: 00 and 8: 00 every day is the highest incidence of accidents. The Guangxi Zhuang Autonomous Region, Heilongjiang Province, Fujian Province, and Anhui Province have more accidents. Vehicle collisions have the highest number of deaths, and rollover injuries have the highest rate. Human factors accounted for 72.1% of the causes of accidents, among which improper measures and speeding accounted for the largest proportion. Finally, according to the results of data statistical analysis, the corresponding control measures should be put forward in order to provide reference and technical support for the current highway traffic safety situation and safety management policy.

Ellipse-Like Radiation Range Grading Method of Traffic Accident Influence on Mountain Highways

To improve the efficiency of accident treatment on mountain highways and reduce the degree of disruption from traffic accidents, the grading method of the ellipse-like radiation range of traffic accident impact is proposed. First, according to the propagation law of traffic accidents, the general function of mountain highways affected by traffic accidents was constructed based on the Gaussian plume model. Then, based on the gravity field theory, the influence of the accident source point on the accident road was analyzed in the aftermath of a supposed accident. Additionally, considering the cascading failure of the road network, the influence of the accident-intersecting roads was demarcated by the cascading failure load propagation function. Based on this analysis, the ellipse-like radiation range models of traffic accidents on the accident road and the intersecting roads were proposed, respectively. Next, the adjustment parameter was further introduced to incorporate the different levels of influence of traffic accidents on the surrounding road network into the model, and the grading impacts of the accident on the potentially utilized opposite lane were discussed. Finally, according to the queuing theory model, simulation design, and portability analysis, the accuracy of the ellipse-like radiation range grading model was verified. The research results show that, compared with queuing theory and simulation results, the error of the grading model of the ellipse-like radiation range affected by traffic accidents was within a reasonable range; that is, the model can reasonably quantify the difference of traffic accident propagation on the accident road and the intersecting roads. Moreover, the heterogeneity of traffic accident propagation was verified by taking the non-occupied opposite lanes as an example. The grading method of influence radiation range utilized for traffic accidents on mountain highways can quickly provide corresponding auxiliary decision support for accident rescue within varying influence ranges.

Uncertainty prediction of mining safety production situation

In order to explore the occurrence and development law of mining safety production accidents, analyze its future change trends, and aim at the ambiguity, non-stationarity, and randomness of mining safety production accidents, an uncertainty prediction model for mining safety production situation is proposed. Firstly, the time series effect evaluation function is introduced to determine the optimal time granularity, which is used as the window width of fuzzy information granulation (FIG), and the time series of mining safety production situation is mapped to Low, R, and Up three granular parameter sequences, according to the triangular fuzzy number; then, the mean value of the intrinsic mode function (IMF) is maintained in the normal dynamic filtering range. After the ensemble empirical mode decomposition (EEMD), the three non-stationary granulation parameter sequences of Low, R, and Up are decomposed into the intrinsic mode function components representing the detail information and the trend components representing the overall change, and then the sub-sequences are reconstructed according to the sample entropy to highlight the correlation among the sub-sequences; finally, the cloud model language rules of mining safety production situation prediction are created. Through time series discretization, cloud transformation, concept jump, time series set division, association rule mining, and uncertain reasoning, the reconstructed component sequence is modeled and predicted by uncertainty information extraction. The accuracy of the uncertainty prediction model was verified by 21 sets of test samples. The average relative errors of Low, R, and Up sequences were 9.472 %, 16.671 %, and 3.625 %, respectively. The research shows that the uncertainty prediction model of mining safety production situation overcomes the fuzziness, non-stationarity, and uncertainty of safety production accidents, and provides theoretical reference and practical guidance for mining safety management and decision-making.

Research on Structured Description Framework of High Temperature Molten Metal Accident

The high-temperature molten metal leakage accident and its secondary accidents have become urgent problems to be solved in the current metallurgical industry because of their destructive power. The description of the high temperature molten metal leakage accident structure is the basis for studying its evolution law. Based on the idea of collection, this article uses multiple case analysis methods to abstract the accident attributes, and constructs an accident institutionalized description framework with the content of accident types, internal attributes, environmental attributes, management attributes, and hazard assessment attributes. A structured description of the leak. Finally, the “4.18” ladle capping accident of Qinghe special steel in Tieling, Liaoning Province was selected for example verification, and the attribute relationship between the primary accident and the secondary accident was analyzed. The research results have reference value for studying the evolution law of high temperature molten metal leakage accidents and making emergency decisions.

Law Enforcement against Traffic Accident

The purpose of this study is as follows: To determine and analyze the factors that cause traffic accidents. To find out and analyze law enforcement against traffic accidents. To find out and analyze barriers in traffic accident law enforcement and their solutions. The approach used by the author to discuss the above problems is to use a sociological juridical approach, namely approaching the problem through legal research by looking at the legal norms that apply in society. The research specification used in this research is descriptive analytical. Based on the results of this study, the factors that cause traffic accidents include: the driver / driver is sleepy, the factor of the vehicle itself, road factors, environmental factors. Law enforcement against traffic accidents can be carried out by applying the provisions of Act No. 22 of 2009 concerning road traffic and transportation Article 310 if it concerns handling traffic accidents for negligence of drivers, either resulting in death or only injury. Obstacles in law enforcement of traffic accidents is the participation of the community, police officers, local governments at level I and level II as well as the role of the central government to work together to create a safe, comfortable and peaceful environment for the community. Efforts to overcome obstacles in traffic accident law enforcement are as follows: (a). Making efforts on the Government's side to revise the Articles in Act No. 22 of 2009 concerning road traffic and transportation; (b). Increase the number of personnel for the realization of maximum service; (c). Doing morning apples on roads that are at the heart of traffic problems; and D). Fostering legal awareness of the community to obey the law in traffic.

Analysis research of industry accident law based on barrier theory and text semantic recognition technology

One of the important reasons for the repeated occurrence of the same type of accidents in the group company over the years is the insufficient utilization of accident resources. This paper introduces barrier theory and establishes an accident analysis method system based on barrier theory. Barrier theory changes the traditional accident analysis mode, and adjusts the object of accident analysis from consequence to barrier, which provides a new perspective for the analysis of accident law. This paper develops a HSE text semantic recognition model which can automatically extract the production operation link, production stage and type of failed barriers of the accidents from the accident investigation report, finds out the cause factors leading to the failures of these barriers and establishes a direct relationship with the HSE(Health, Safety and Environment) management system, in a way to find out some common laws of the accidents and reveal the defects and shortcomings in business management.

Radical Histories / Liberal Histories in Work Injury Law

Nate Holdren has written a brilliant, impassioned, and intellectually stimulating book on the legal history of industrial accidents. According to Holdren, work injuries were at their core a form of labor exploitation. He describes the law of work accidents as a machinery of injustice that bolstered the legitimacy of a violent and inhuman capitalist system. He fiercely critiques the workers’ compensation reforms enacted by progressive reformers a century ago as legitimating a form of systematic labor violence. He insists on recognizing and attending to the dignity of each accident victim, both in the content of his argument and as a matter of literary form. Injury Impoverished is a welcome if unsettling rebuke to complacent accounts of the field, perhaps my own among them. But Holdren’s analysis also raises many questions. Holdren attributes little value to the dramatically safer workplaces of the middle of the twentieth century. His cautious admiration for the litigation system of the years before workers’ compensation rests on a fantastical conception of the way 19th-century tort law actually worked. He calls for an impossibly demanding form of justice as recognition from the law. He misses the ways in which workers co-opted new forms of accident law and turned them to their own interests. And his single-minded focus on commodification and the point of production leads him to discount the surrounding political and legal institutions that shaped the social meaning of work injuries.

Economic Analysis of Accident Law: A New Liability Rule that Induces Socially Optimal Behaviour in Case of Limited Information

Abstract In accident law, we seek a liability rule that will induce both the parties to adopt socially optimal levels of precaution. Economic analysis, however, shows that none of the commonly used liability rules induce both parties to adopt optimal levels, if courts have access only to ‘Limited Information’ on. In such a case, it has also been established (K. (2006). Efficiency of liability rules: a reconsideration. J. Int. Trade Econ. Dev. 15: 359–373) that no liability rule based on cost justified untaken precaution as a standard of care can be efficient. In this paper, we describe a two-step liability rule: the rule of negligence with the defence of relative negligence. We prove that this rule has a unique Nash equilibrium at socially optimal levels of care for the non-cooperative game, and therefore induces both parties to adopt socially optimal behaviour even in case of limited information.

Tailoring Negligence Standards to Accident Records

Traditional economic models of accident law are static and assume homogeneous individuals under perfect information. This paper relaxes these assumptions and presents a dynamic unilateral accident model in which potential injurers differ in their probability of accident. Information about individual risk-type is hidden from the social planner and from each potential injurer. We ask how negligence standards should be optimally tailored to individual risk-type when this is imperfectly observable. We argue that information about past accident experiences helps to efficiently define negligence standards, narrowing the distance between first-best standards perfectly tailored to individual risk-type and third-best averaged standards. We finally show that negligence standards refined on the basis of past accident experiences and of individual risk-type do not undermine private incentives to undertake due care.

Analysis and Improvement of Emergency Mechanism for Hazardous Chemicals Accidents in Qingyang City

In recent years, with the rapid development of the economy, the dangerous chemicals enterprises in Qingyang City have also expanded and developed rapidly. The development of hazardous chemicals enterprises is increasing, the factors of instability are increasing, and the frequency of accidents involving hazardous chemicals is also increasing. While hazardous chemicals companies bring benefits, they also bring a serious threat to human life, health and property security. As a city with more dangerous chemicals companies, Qingyang has many potential safety hazards. In order to cope with many pressures, the Qingyang Municipal Government is vigorously carrying out safety production inspection and emergency mechanism construction in the hazardous chemicals industry. This paper analyzes the problems and deficiencies in the emergency management mechanism of Qingyang City from the aspects of accident prevention and early warning, emergency response, emergency plan preparation and emergency drill, which are mainly reflected in the weak foundation of accident early warning, imperfect laws and regulations, and weak awareness of public participation in emergency management. Finally, through the analysis of the existing problems and deficiencies, the emergency mechanism of Qingyang dangerous chemicals accident is improved.

Towards a Control-Centric Account of Tort Liability for Automated Vehicles

Existing motor vehicle accident laws are generally described as ‘driver-centric’, since regulatory, liability, and insurance obligations revolve around drivers. This is sometimes taken to imply that they cannot apply to automated vehicles. This article seeks to re-centre the liability discussion around the tortious doctrine of control. It argues centrally that properly understanding legal control as influence over metaphysical risks, rather than physical objects, clarifies that automated vehicles are both legally controllable in theory, despite having no human drivers, and legally controlled in practice, despite their reliance on machine learning. Examining today’s automated driving technology and businesses, this article demonstrates how manufacturers, software developers, fleet operators, and consumers participate in vehicular risk creation. Finally, how control could illuminate courts’ analyses of automated vehicle liability is illustrated by a hypothetical application to recent automated vehicle accidents. In this light, this article concludes that existing tort principles are better-equipped to resolve liability issues arising from the use of automated vehicles than initially apparent.

Medical expert opinion of occupational illness using the example of pneumological diseases

Orders for medical expertise reports of the accident insurance institutions and the social courts often have very difficult and complex issues and therefore require a high level of medical expertise as well as occupational health and accident insurance law knowledge. This applies in particular to the expert opinion as to whether a causal connection exists between occupational effects and the disease. Causality must be described on the basis of the current state of medical and scientific knowledge in such a way that it is comprehensible for an accident insurance institution or for a court. The insured person himself should also be able to comprehensively understand the content of the opinion and its consequences.

Analysis method for causal factors in emergency processes of fire accidents for oil-gas storage and transportation based on ISM and MBN

The paper focuses on emergency process safety and presents a novel analysis method for the causal factors in emergency processes of fire accidents for oil-gas storage and transportation based on the interpretative structural modeling (ISM) and modified Bayesian network (MBN) model. Twenty-one causal factors are summarized according to the statistical analysis of actual accident cases. Based on three classes of hazard theory, a classification system of causal factors leading to secondary accidents in emergency processes, which includes twenty-one influencing factors from four aspects of the human-material-environment-management, is established. Using the ISM method, the relationships among causal factors are analyzed, and an 8-layer hierarchical ISM model of the causal factors in emergency processes is established. Moreover, the direct factors, indirect factors and root factors leading to secondary accidents are obtained. The fault tree model of secondary accidents is constructed, and the probability importance of each cause factor is calculated using the fault tree analysis method. However, to more accurately assess the quantitative influence of each cause factor on secondary accidents, the fault tree model is transformed into a Bayesian network (BN) model. Furthermore, the conditional probability tables in the BN are modified using the expert scoring method, and the MBN model is established. The more accurate posterior probability of each causal factor is calculated based on the MBN model, and the sensitivity and influence are analyzed by GeNIe software. The six most probable paths leading to secondary accidents are identified. Finally, the proposed method is applied to analyze the causal factors in the emergency processes of two actual accident cases. The research results have important scientific significance and application value for grasping the evolution law of secondary accidents in emergency processes and preventing secondary accidents in oil-gas storage and transportation systems.

A novel prediction model of traffic accidents based on big data

The occurrence of traffic accidents is regular in probability distribution. Using big data mining method to predict traffic accidents is conducive to taking measures to prevent or reduce traffic accidents in advance. In recent years, prediction methods of traffic accidents used by researchers have some problems, such as low calculation accuracy. Therefore, a prediction model of traffic accidents based on joint probability density feature extraction of big data is proposed in this paper. First, a function of big data joint probability distribution for traffic accidents is established. Second, establishing big data distributed database model of traffic accidents with the statistical analysis method in order to mine the association rules characteristic quantity reflecting the law of traffic accidents, and then extracting the joint probability density feature of big data for traffic accident probability distribution. According to the result of feature extraction, adaptive functional and directivity are predicted, and then the regularity prediction of traffic accidents is realized based on the result of association directional clustering, so as to optimize the design of the prediction model of traffic accidents based on big data. Simulation results show that in predicting traffic accidents, the model in this paper has advantages of relatively high accuracy, relatively good confidence and stable prediction result.

One hundred and twenty years of widowhood protection (1900-2020)

Desde los inicios de su proteccion especifica, las situaciones de necesidad derivadas de muerte y supervivencia, fueron protegidas de forma diversificada, quizas porque en lugar de atender a su causa inmediata se reparaban las causas mediatas, apareciendo asi un regimen protector extremadamente pluralista, asistematico e incoherente que en algunas ocasiones ofrecia prestaciones superpuestas. Y ello puesto que las situaciones de necesidad a reparar se protegian en atencion a una pluralidad de riesgos, accidente de trabajo, enfermedad profesional, perdida de la salud, muerte, cargas familiares, etcetera. Es decir, no hubo en los inicios de la proteccion un seguro social especifico de muerte y supervivencia. Por ello, el estudio de la proteccion a la viudedad que aqui se realiza, comienza con un analisis de su configuracion, a traves de las distintas medidas recogidas en la legislacion protectora de riesgos profesionales, seguida luego de su ordenacion en los diversos seguros sociales protectores de riesgos comunes. Este periodo se inicia en 1900 con la Ley de Accidentes de Trabajo y termina en 1966 cuando esta proximo a entrar en vigor nuestro actual sistema de Seguridad Social. La segunda parte se inicia con una analisis de la configuracion inicial de la proteccion en el sistema de Seguridad Social en 1967, su mejora y perfeccionamiento en 1972 y las continuas reformas que desde 1981 se han venido produciendo y han conducido a la situacion actual, en la que se puede contemplar como se han recuperado requisitos y modalidades protectoras que habian desparecido con la reforma de 1972 y por otro lado, como se ha ido ampliando el ambito de subjetivo de la proteccion permitiendo que en situaciones de crisis matrimoniales o de uniones no matrimoniales puedan lucrar la proteccion. En esta segunda parte, se hace una especial referencia a la toma en consideracion de las situaciones de violencia contra la mujer y su incidencia en la proteccion. Finalmente, hay una tercera parte en la que se hacen algunas consideraciones sobre el porvenir de la proteccion a la viudedad