Responsibility For Accident Research Articles

Who Will Be Held Responsible for the Grave Responsibility of Industrial Accidents?

The enforcement of the Severe Accident Punishment Act will be implemented from January 27, 2022, and it is expected for the protection of fundamental rights at work and the responsibility of the corporations about homicide by negligence to be reinforced. Accordingly, this study intends to base on the corporate homicide by negligence in the United Kingdom that was implemented in 2007 to consider the case by focusing on the limits after the execution of the act and provide base data for the establishment of safety rights for the laborers of the future society in South Korea. Based on the case in the United Kingdom, the points that were criticized included the following; first, the fewer cases of indictment than expected, second, the limits in holding subjects accountable for responsibility, and third, difficulties in vindicating the severe ‘infringement.’ This is considered as a limit that could occur in South Korea followed by the implementation of the Severe Accident Punishment Act.

A Method for Calculating the Velocity of Corner-to-Corner Rear-End Collisions of Vehicles Based on Collision Deformation Analysis

To improve the efficiency of solving vehicle collision velocity and provide sufficient evidence for the identification of accident responsibility, we proposed a method combining the momentum equation and finite element simulation. We built a finite element simulation model of a vehicle where multiple collision simulation experiments were carried out, and studied the calculation method of collision deformation. After fitting and analyzing the simulated deformation data of an accident vehicle under different velocities through collision simulation experiments, a relationship model between collision velocity and deformation was established, and a method to solve the collision velocity was proposed by combing the existing two-dimensional collision momentum equation of the vehicle. For actual collision cases, the proposed velocity solution method and the simulation software were used for reconstruction analyses, respectively, and the results of the instantaneous contact velocity of vehicle collision were compared. It was found that the velocity calculation results obtained using the two methods above were in good agreement; the shape and depth of the simulated deformation were consistent with the actual deformation of the vehicle.

Pedestrians’ Injury Severity in Traffic Accidents in Spain: A Pedestrian Actions Approach

Road traffic accidents are currently between the seventh and tenth leading cause of death in the world, with approximately 1.35 million people killed per year. Despite extensive efforts by governments, according to the World Health Organization, road accidents still cause far too many deaths, especially among pedestrians, cyclists and two-wheel motor vehicle riders, who together account for almost 50% of road traffic fatalities. In particular, Spain had 410,974 traffic accidents between 2016 and 2019, involving 722,516 vehicles and 61,177 pedestrians with varying degrees of injury. This study uses the Bayesian network method to understand how the pedestrians’ responsibility and actions at the time of the traffic accident affect the injury suffered by said pedestrian, also considering the variables of the road infrastructure and vehicles at the accident site. The results confirm that the variables linked to the unsafe behavior of pedestrians, and their responsibility in traffic accidents, increase the risk of suffering serious or fatal injuries during an accident; for example, if a pedestrian is distracted this increases his/her probability of suffering a severe injury (27.86%) with respect to not being distracted (20.73%). Conditions related to traffic in high-speed areas, areas with no or poor lighting, and areas lacking sidewalks, also record increases in pedestrian injury, as is the case in the age group of pedestrians over 60 years of age.

“Economizing” TEPCO’s Responsibility for the Fukushima Daiichi Nuclear Power Plant Accident

The purpose of this paper is to show that the responsibility of Tokyo Electric Power Company Holdings, Inc. (TEPCO) was “economized” in the wake of the accident. It is argued that responsibility for the nuclear accident was mainly linked to economic responsibility, and that social and moral responsibility were consequently obscured by the financial accounting that followed the accident. This paper also proposes that the responsibility for the accident should not be limited to TEPCO, but that the responsibility of the nuclear industry and regulatory bodies should be more strongly emphasized in order to prevent such accidents in the future. These conclusions are consistent with some of the literature that emerged following the Fukushima accident. The theoretical framework is derived from sociological studies on quantification and accounting literature on economizing. TEPCO’s accounts, the special business plans of TEPCO and the Nuclear Damage Compensation and Decommissioning Facilitation Corporation, and documentation from the Ministry of Economy, Trade and Industry are the main sources that are consulted in this paper.

Legal Issues and Responsibility for Self-driving Accidents in the Commercialization of Autonomous Cars –focusing on the State of California -

본 연구에서는 비대면이 일상화되면서 무인운송은 무역수단의 필수적인 요소가 되고 있다. 이에 따라 무인운송인 자율주행을 선도하는 캘리포니아 주의 사고특성과 유형을 정리하고 자율주행의 기술단계에 따라 일반 자동차와 비교하여 사고의 책임을 정리하고 있다. 캘리포니아에서 일어난 2020년의 사고를 DMV에서 제공하는 사고정보보고서를 통해 조사한 결과 발생한 자율주행차량의 사고의 경우 가해자 대부분이 일반 차량이었고, 일반자동차에 비해 사고의 확률이 현저히 낮았다. 따라서 자율주행을 통해 무인운송이 보편화 된다면 운송에 대한 위험을 줄일 수 있고 만에 하나 발생하는 사고에 대해서는 제조물책임법에서는 자율주행운송수단을 제조물로 판단하기 때문에 제조물책임법과 불법행위법을 통해 운전자를 보호할 수 있다. 이 연구는 무인운송인 자율주행이 최초로 허용된 캘리포니아에 대한 최근 사례연구를 통해 급성장하고 있는 무인운송시장에 대한 최신 사례를 제공한다. 그리고 한국 또한 자율주행자동차의 보편화를 앞두고 있기 때문에 앞서 미국에서 발생한 사고를 통해 운전자를 보호할 때의 요건과 책임을 살펴봄으로써 앞으로 한국에서 발생할 수 있는 사고에 대한 책임과 부담에 대해 제시하고 있다.

Ethical Challenges and Countermeasures of Autonomous Vehicles

Autonomous driving is one of the greatest new technologies in the 21st century, but to a certain extent, it has caused conflicts in bioethical standards and the ownership of accident responsibility. For the ethical dilemma of autonomous cars, every countrie currently does not have a perfect solution. First of all, this paper predicts the development of intelligent connected vehicles through the analysis of the domestic and foreign intelligent vehicle market. Then lists and analyzes the legal and countermeasures of ethical dilemmas in various countries. According to the knowledge of psychology and ethics, this paper puts forward a way to solve this problem which is more in line with the development of industry and ethics.

Compensation Liability for Damages Caused by Self-driving Cars in the Tort Law of German and Japan

At the request of society, self-driving cars is entering the practical stage for the purpose of solving a lot of social problems, stimulating the development economy. However, to put Full Automated Driving system into practical use, we must deal with many, various legal concerns. Automatic Driving Technology will reduce the number of transportation accident, but never make it disappear. So in term of responsibility for accident, international law and national law of all countries in the world have identified and found the solutions to reform the law on the issue of self-driving cars. The study of the laws of countries with developed industrial science as Japan and German about “Compensation liability for damages caused by self-driving cars in the tort law” is particularly important for Vietnam.

Special Equipment Safety Supervision System Architecture Based on Blockchain Technology

With the use of the traditional safety supervision system of special equipment, the job burnout of supervision participants and other supervision problems emerge endlessly, which leads to the supervision for the prevention of safety accidents being greatly weakened. In recent years, the significance of introducing new technology to improve the original supervision system for safety accident prevention has been constantly growing. In this paper, based on the current situation of China’s special equipment safety supervision, we summarize several specific requirements for improving the supervision system, namely efficient accident responsibility tracing, more transparent, more efficient data sharing, and integrating more functions. On this basis, we have designed a new system architecture, by introducing the permissioned blockchain technology, which can meet all the improvement requirements and adapt to the technical features of safety supervision work. The extensibility design of the system architecture can meet the new requirements in future work. The design idea of the system architecture can not only be used in the field of special equipment, but can also be used for reference by other fields with safety supervision requirements.

Parent Responsibility Towards Criminal Actions Of Traffic Accident By Children Which Sustained Others Death

The aim of this studyto find out and analyze the efforts made by parents and Polrestabes Semarang in overcoming traffic accidents by children that cause other people to die, the resulting losses, as well as the form of parental responsibility for traffic accidents by children in the jurisdiction Polrestabes Semarang. The research problem is analyzed by the theory of the operation of law in society, the theory of criminal liability and the theory of substitute liability. The approach method used is juridical sosilogical method, the specification in this research is descriptive data analysis used is qualitative. The results of the study: That the factors that cause the use of motorized vehicles by children in the jurisdiction of the Semarang Police are ignorance, personal encouragement, family encouragement, social encouragement, disinterest and opinions are not obliged to order traffic. That in order to overcome this problem, it has been done Efforts by the Traffic Police of the Semarang Police, include Pre-emptive, preventive and repressive efforts. Parents must also try to encourage the school to prepare school pick-up facilities, issue restrictions on using motorbikes, and not provide parking spaces. Parents can also make efforts by encouraging the Semarang City Government to provide transportation.

Ship encounter azimuth map division based on automatic identification system data and support vector classification

Currently, the division of encounter situations and collision avoidance decisions both depend on the individual subjective judgment of officers under conditions of extraordinary complexity and randomness. Ambiguities and contradictions are present among the existing quantifications of azimuth division from the International Regulations for Preventing Collisions at Sea (COLREGS), radar collision avoidance diagrams, and expert questionnaire results. At present, there is no unified and practical division model for the variety of azimuth divisions encountered by ships. With the development of intelligent ship technology, the realization of maritime autonomous surface ships is possible. However, more obscure problems must be accurately defined. Moreover, the requirements for an accurate division of the ship encounter situation in maritime accident analysis are becoming more intense. Additional requirements have been imposed on the division of azimuth, and ship encounters have been quantified into multiple features for machine learning. In this study, automatic identification system data near Zhoushan Port were used to reproduce the relative motion process of ships, and extract the meeting position of the ship and the corresponding actual avoidance behavior. By combining the requirements for the light range in COLREGS and support vector classification to supervise and learn the actual meeting data, a map of the ship encounter azimuth division was constructed. The map can serve as an accurate numerical basis for the division of marine encounter situations, maritime accident responsibility division, and intelligent ship collision avoidance decisions.

Design of Dual-channel HD Audio and Video Recording and Playback Equipment Based on TMS320DM8168

In order to meet the needs of dual-channel high-resolution audio and video recording, storage, and playback, as well as important control scenarios such as shipboard, vehicle, and airborne, the need for long-term capture and recording of terminal screen information is convenient for post-event technical analysis, Service quality assessment, exercise deduction, and operation accident responsibility identification. Researched the high-performance DaVinci series chip TMS320DM8168 launched by TI, designed and implemented a record playback device that supports dual-channel high-definition video, using the compression algorithm of the H.264 encoding standard to achieve compression and storage of video data, Use advanced and mature technology, follow the generalized, modular and serial design ideas to ensure better applicability and higher reliability. After the design was completed, the functions of video capture, compression encoding and video playback were verified, and the performance and stability were tested. The delay of video capture and display is within 40ms, The equipment can support high-definition single-channel or dual-channel video input, and realize two channels video information is compressed and stored, while the video decompression is stable, the playback picture is clear, and there is no jitter. The system functions and performance reach the expected goals.

A Secure Data Storage Strategy for Private Cloud

In recent years, with the widespread application of cloud computing, more and more enterprises, institutions, and individuals have started to use cloud services to place their data in the cloud. With the rise of cloud services, the accompanying data security issues have received increasing attention. Because data stores are in the cloud, there are many outstanding security issues. This paper proposes a public cloud data security solution based on a trusted third-party platform. The solution is based on an independent and trusted third-party platform, and has certain advantages in data encryption, key management, data awareness, data sharing, and accident responsibility.

Effectiveness of Article 273 of Law No. 22 of 2009 concerning Traffic on Road Accidents

The mobility of people and goods with motorized vehicles is developing so fast as a result of increasing welfare and advances in transportation technology. This has an impact on the increasing frequency of traffic accidents with victims of drivers and road users. There are three main factors that cause accidents, the first is the human factor, the second is the vehicle factor and the last is the road factor. From this road factor, the author discusses the causes of traffic accidents, in Article 273 of Law Number 22 of 2009 concerning Road Traffic and Transportation regulates the Government's responsibility for accidents due to damaged roads. For the use of legal theory in research as an analytical tool for discussing legal events or facts proposed in the thesis research problem, the theory used is the theory of responsibility and the theory of law enforcement. The author uses empirical or sociological research methods. Factors constraining the Government in implementing Article 273 of Law No. 22 of 2009 concerning traffic are the absence of a Government Regulation that regulates in more detail those relating to Article 273. Regarding who is responsible for the operation of the road. This uncertainty can have an impact on the application of article 273 by law enforcement. People who do not report accidents caused by damaged roads or potholes. For various reasons there are those who do not know and there are those who do not want to deal with law enforcement officers, who consider accidents to be a disaster then the factors of law enforcement officials themselves and the laws made by the government are not implemented because they are related to government accountability.

Numerical reconstruction for a multi-car collision dynamics

In order to accurately determine the collision relationship of each vehicle in complex traffic accidents, combined with the scene trace and accident simulation, an accident reconstruction method is proposed. The method examines the accident scene and the accident vehicle which can forecast the accident process in advance and determines the approximate vehicle collision speed by the dynamics method. Then, based on the pre-determination, the PC-Crash software is used for accident reconstruction to more accurately determine the accident scenario and the vehicle collision parameter. This method was used in a four-car serial collision on a rainy highway. The collision information of the accident cars was read using Bosch's data reading tool Crash Data Retrieval (CDR). The results showed that the method can accurately reconstruct complex traffic accidents and provide an effective solution for determining the collision relationship of vehicles and the responsibility for traffic accidents.

Numerical reconstruction for a multi-car collision dynamics

In order to accurately determine the collision relationship of each vehicle in complex traffic accidents, combined with the scene trace and accident simulation, an accident reconstruction method is proposed. The method examines the accident scene and the accident vehicle which can forecast the accident process in advance and determines the approximate vehicle collision speed by the dynamics method. Then, based on the pre-determination, the PC-Crash software is used for accident reconstruction to more accurately determine the accident scenario and the vehicle collision parameter. This method was used in a four-car serial collision on a rainy highway. The collision information of the accident cars was read using Bosch's data reading tool Crash Data Retrieval (CDR). The results showed that the method can accurately reconstruct complex traffic accidents and provide an effective solution for determining the collision relationship of vehicles and the responsibility for traffic accidents.

Penegakan Hukum Polres Sumedang dalam Menangani Perkara Kecelakaan Lalu Lintas di tinjau dari Pasal 235 UU No 22 tahun 2009 tentang Lalu Lintas dan Angkutan Jalan

Data on traffic accidents collected by Sumedang Regional Police in 2014 as well as from daily observations provide an illustration that the level of traffic safety and the level of public compliance with traffic laws and regulations is very alarming, this is if strategic steps are not taken to improve the level of safety and improvement of community legal compliance will not only cause loss of life, but will also cause economic losses. So to realize legal certainty in traffic, Law Number 22 of 2009 concerning Traffic and Road Transportation Article 235 was formed.The two factors that influence the implementation of Law Number 22 Year 2009 include: (1). External factors such as substantive legal substance, lack of personnel and many personnel violating professional discipline and ethics, limited police facilities and infrastructure, changes and developments in Sumedang Regency. (2). Internal factors such as the Sumedang Regional Police made an effort to propose to revise the Traffic Law, increase the number of personnel, budget support had been allocated up to the police station level, build a toll road, conduct morning malls, and grow public legal awareness.The results of the study concluded that the enforcement of traffic law at the Sumedang Regional Police Station had not been fully implemented and was not effective enough. Because the responsibility of traffic accidents is not based on Article 235 of Law Number 22 Year 2009 concerning Traffic and Road Transportation and the high number of traffic accidents in Sumedang Regency.

Analysis of influencing factors for rear-end collision on the freeway

Rear-end collision accounts for the main type of traffic accidents occurring on the freeway. In order to extract the significant influence factors of rear-end collision on the freeway, this study utilized the data of freeway traffic accidents between 2010 and 2015 in China. First, based on quasi-induced exposure theory, the information of driver, vehicle, and road environment was analyzed. Gender, age, driving age, vehicle safety, load, weather, fatigue, driving speed, road alignment, accident time, and visibility were selected as the important factors that might affect rear-end collision. Second, based on logistic regression model, the influencing factors analysis model of freeway rear-end collision was established. In the regression analysis, the possible important factors selected were taken as the independent variables, and the accident responsibility was taken as the dependent variable. Then, the factors that had significant influence on rear-end collision were selected from candidate independent variables by stepwise regression method. Finally, the specific influence of driving age, load, weather, accident time, visibility, fatigue, and driving speed on rear-end collision occurring on the freeway was discussed. The analysis results were explained according to the odds ratio. The research results of this article can provide guidance for the prevention of rear-end collision on the freeway and theoretical support for the development of freeway early warning system.

An analysis of alcohol and drug intake in forensic autopsy cases of traffic fatalities

The numbers of traffic accidents and its associated mortalities are decreasing every year in Japan. However, there continue to be cases of deaths and injuries caused by malicious driving including drunk driving. The forensic autopsy of traffic accident victims is important to determine the cause of death as well as the responsibility of traffic accidents. In this study, we investigated the cases of forensic autopsies related to traffic accidents, reported between 2013 and 2017, at the Department of Legal Medicine of Tokyo Women's Medical University. In this period, 22 autopsies were performed for traffic accidents; however, only 6 of them were associated with alcohol consumption. Most traffic accidents occurred during the night, and in one case, the victim was found lying on the road. Furthermore, there were 4 cases in which drugs in the blood or urine of the victim were detected; however, the actual relationship with the cause of death and traffic accident was not identified. It was also found necessary to take measures against pedestrian drinking. Moreover, only a few drugs led to a decrease in driving ability, highlighting the necessity of further data is necessary to provide insights into the type of drug consumed and the cause of accident.

Pedestrian violations: Reasoned or social reactive? Comparing theory of planned behavior and prototype willingness model

Pedestrians hold high responsibility in accidents because of their unsafe traffic behaviors. Pedestrian violations are an important traffic safety problem, especially in low and middle-income countries. The problem would be better understood and solved by theory-based research on pedestrian violations. The theory of planned behavior (TPB) and the prototype willingness model (PWM) are two leading decision-making frameworks that are applied to a wide range of behaviors. These theories address the reasoned and social reactive components in decision-making. The current study aimed to compare the TPB and the PWM in pedestrian violations using structural equation modeling (SEM). The results revealed that the TPB, the PWM, and the integrative model of the TPB and the PWM were relevant models in understanding pedestrian violations and violation intentions. However, the explanatory power of the PWM and integrative models were higher than the TPB. These findings indicate that pedestrian violations happen mostly in a social reactive way (through willingness) rather than deliberate (intentional) way. Prototype perceptions, willingness, and perceived behavioral control were the most important predictors of pedestrian violations. The findings are discussed in relation to the efficacy of the TPB and the PWM, as well as the theoretical contributions and applied implications for practitioners.

Automated Vehicles and Manufacturer Responsibility for Accidents: A New Legal Regime for a New Era

The United States is on the verge of a new era in transportation, requiring a new legal regime. Over the coming decades, there will be a revolution in driving, as manually-driven cars are replaced by automated vehicles. There will then be a radically new world of auto accidents: most accidents will be caused by cars, not by drivers. Thus far, however, proposals for reform have failed to address with precision the distinctive issues that will be posed during the long transitional period in which automated vehicles share the roadway with conventional vehicles, or during the succeeding period that will be dominated by accidents between automated vehicles. A legal regime for this new era should more effectively and sensibly promote safety and provide compensation than the existing tort doctrines governing driver liability for negligence and manufacturer liability for product defects will be able to do. In a world of accidents dominated by automated vehicles, these doctrines will be anachronistic and obsolete. We present a proposal for a more effective system, adopting strict manufacturer responsibility for auto accidents. We call this system Manufacturer Enterprise Responsibility, or “MER.” In describing and developing our proposal for MER, we present the first detailed, extensively analyzed approach that would promote deterrence and compensation more effectively than continued reliance on tort in the coming world of accidents involving automated vehicles.