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Boom predicted for GPS-enabled handsets
January 15, 2008
This raises the specter of automobile drivers pointing the liability finger at GPS providers and filing lawsuits against such providers when GPS instructions are not accurate.
The facts of the particular rental car-train crash were reported at LoHud.com (a news outlet for New York's Lower Hudson Valley) on January 3. A California computer technician who was visiting the East Coast followed the car's GPS instructions, which told him to turn right as he was crossing the railroad tracks. He was trying to get to a parkway shortly beyond the tracks.
As the driver crossed the tracks, the car become stuck and could not move. The driver tried but failed to reverse the car off of the tracks. Ultimately, he left the vehicle.
The driver witnessed an oncoming train. He waved his arms, trying to stop the train. However, the train was not able to slow down enough to avoid a collision. The train smashed into the car. Although nobody was hurt, hundreds of passengers were delayed for two hours, and a number of other trains were canceled or delayed in the wake of the accident.
Because of the collision, the rental car, the train, and more than 200 feet of the electrified third rail of the tracks were damaged. The rental car driver was issued a summons and is being held liable for the damage to the train and track.
Does the rental car driver have recourse against the GPS provider? What if the instructions provided to him were not accurate in terms of his intended destination?
While not enough is known as to whether the GPS instructions in this particular instance were accurate, the question still remains, because, even though GPS instructions are of great value and often are correct, they are not perfect.
I recall one instance, when I rented a car in Florida. The GPS system told me I arrived at my destination, when in fact I was still in the middle of a highway with about another half mile to go before arriving. It was a good thing I did not assume I had arrived and simply stopped in the middle of the highway.
I remember another time when I was trying to get to a gym for a youth basketball tournament, and the GPS instructions concluded my route by leaving me at the end of a cul de sac facing a field with no gym in sight. No harm, no foul, as I found the gym a few miles away on my own.
But getting back to the question of what happens if a GPS unit's instructions lead to an accident? While a driver might argue that he or she paid for a service, is entitled to rely upon the accuracy of the service, and can seek to hold the provider of the service responsible if the service does not perform properly, a GPS service provider would have counterarguments.
Who bears responsibility?
First, likely, the written contractual materials, and the click-through materials to operate a GPS device, would disclaim any responsibility in this scenario and would require the driver to ensure that his or her driving of the vehicle was safe wholly apart from whatever the GPS device tells him or her to do.
The question then would be whether this would be considered a bargained for and enforceable contractual provision, or whether it would be considered an unenforceable "adhesion contract." That would be for a judge to decide.
Second, separate from contractual terms, a GPS service provider could argue that it was not too long ago that GPS devices weren't available to drivers. Indeed, to this day, many drivers do not use such devices. Thus, for decades and even now, drivers must independently figure out how to get to their intended destinations. Accordingly, just because a GPS now might provide some assistance, it is unreasonable to allow a driver to fob off all responsibility on the GPS provider.
On the other hand--and when it comes to legal matters, there always is another hand--a GPS device, when operational, at a minimum, is very distracting, and at most, is quite commanding. When tooling through unfamiliar territory and given explicit directions by a GPS device, a driver must make a decision in a split second what to do. At that point, it might not be unreasonable if he or she relied upon the GPS instructions.
As technology advances, the law follows, and I wouldn't be surprised to see more GPS cases going forward that map out (pardon the pun) this area of the law.
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37 comments
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A man is crossing the railroad and paying attention to the GPS.
I'm glad that that man has enough intelligence left in its brain to
went out of the car... Or was this a GPS order?
Doesn't the military service that provides the GPS signal warns
you about inaccuracies due to "defense reasons"?
BTW, I will say anyone who turns on to a set of train tracks because a GPS unit told him to is nuts! I know people have become lazy over the years, but that is beyond anything I ever thought I would hear about. Wonder if he would have driven into a lake if it told him to.
as we speak. This sounds like a perfect way for the lawyers to
make some more easy money. Of course it takes stupid people
on juries to actually do the dirty deed but that's never been a
problem in our country. There are plenty of stupid people who
get on juries.
This will probably work because it follows the tried and true
formula for liability cases...
Stupid person + stupid action + ambulance chasing lawyer =
money.
that wrecked! This is just another example of the news over
sensationalizing common sense.
Wouldn't that insulate the manufacturer from being sued?
If they are successfully sued, I can see a new message showing up "If you want to use our GPS press here, agree not to sue and to mandatory arbitration" ;)
According to the GPS.
It becomes a matter of who puts the info into the GPS.
Surely it is the responsibility of the GPS owner to update the parameters.
Garbage in, rubbish out, as they say.
Mike.
There was a time when stupid people simply got themselves killed by doing something stupid. Nowadays, they are protected so they are able to mature and breed. Just look at all the people voting for Obama and Huckabee.
I see stupid people. They're everywhere and they vote!
Since common sense isn't that common anymore, how about I give a helpful suggestion: READ!
If a GPS told me to cross train tracks that did not have an obvious road crossing, I'd keep driving past that point and let the GPS do an automatic re-route.
Most GPS devices warn you a good 3-400 feet in advance of route changes, so there's really no excuse for not looking ahead to see where you're going. So far, I have not had to make any "split second" driving decisions while using a GPS since I'm willing to miss the turn, come back around, and get back on route rather than making sudden movements in traffic.
The GPS is a tool that aids in navigation. It is not a replacement for paying attention while driving.
A map is clearly an aid, but no one can use it without applying common sense. Same thing for a GPS. Otherwise we will have to start including disclaimers in paper maps.
Call me crazy, but a driver should 1) pay attention to the road & is responsible at all times to know what road conditions are, 2) stop, look, listen, and live.
Sound advice when I was 15 getting my learner's permit, and I think those words still apply today.
What nobody has reported, and what I am curious about...is did this moron actually turn onto the track or just get stuck in the crossing? Common sense says "Um, thats a railroad track".
Of course in the "Its everybody's fault but mine" society we have, I'm sure he'll sue the GPS Manufacturer.....and lose.
<a class="jive-link-external" href="http://www.digitaljournal.com/article/248336/Man_Blames_Rental_Car_GPS_for_His_Accident_with_Train" target="_newWindow">http://www.digitaljournal.com/article/248336/Man_Blames_Rental_Car_GPS_for_His_Accident_with_Train</a>
Beyond being a moron, I like this tech's understanding of physics. He got out of the car and waived at the train operator to get his attention. Sure given the weight of the train he would have been able to stop it IF he had run TWO MILES ahead!!
No one wants to assume responsibility for their actions anymore. As soon as something bad happens, people are quick to point the finger at someone else and raise a lawsuit because it's "their fault."
What if the GPS had told the person to turn off of a 50 foot bridge into the water. Would a reasonably sane person say "well the GPS told me to 'jump off the bridge' so I'd better do it." Or would a reasonably sane person say "There must be something wrong with the GPS, this isn't right."
He'd have a valid excuse if the tracks were covered with snow and not visible, and he mistook it for the roadway. But to blame it on the GPS???
Let's change the scenario. Instead of driving down a railroad track, he turned right into the path and right-of-way of an on-coming school bus, causing an accident that resulted in the death of 45 children and the bus driver.
Nope. I don't care what the map or the GPS say. They aren't the ones driving, you are.
Is it possible we depend on someone to tell us what's right and what's wrong.. Or is it possible we can still have those thoughts on our own...
As the technology becomes more refined and we start to incorporate the newly developing technology - things will get better - mean while we'll have to keep thinking!
The Technology exists and these who understand and care can see what's coming-up next..
<a class="jive-link-external" href="http://www.oceantomoauctions.com/OTA_Catalogue_Lot.asp?eventid=42008&Lot=40" target="_newWindow">http://www.oceantomoauctions.com/OTA_Catalogue_Lot.asp?eventid=42008&Lot=40</a>
I don't see how anyone could be expected to believe that it is perfectly ok for a GPS unit to give you such in accurate information that it actually puts your life at risk. This is not something I think anyone would ever think possible.
If the GPS did actually give this person incorrect information that put his life at risk then the maker of the GPS unit and the mapping information should be held accountable.
While perfect instructions 100% of the time is not reasonable with these things, expecting it to not drive you off a cliff, drive you in front of a train or driving you in to an active volcano is something that the user should expect. Having you arrive at the address next door or at the back of your destination is one thing.
As for the person being smart enough to not follow the GPS over a cliff well, most people don't use a GPS system when they know where they are or are going. They rely on them when they don't know the area or how to get someplace. If your going to New York City and have never been and your from a city that 1/50th the size then you are going to rely on the GPS instructions no matter how odd them seem. I have been to plenty of cities that have had streets and other things done in such a way that make no logical or even common sense.
If you can't trust the GPS then they aren't worth a plug nickel. It is high time that consumers stop coming up with excuses as to why expensive gadgets don't work as they should and expect and demand that they do. Everything that has said the driver here is at fault is simply providing an excuse for the GPS makers to not make a product that works as it should. That makes you stupid to the extreme.
Robert
here? The guy turned his car onto the railroad tracks, kept going
until it got stuck, then tried to flag down the approaching train
and that's somehow the fault of the GPS device?
A GPS device does NOT give you the right to drive your car with
your brain turned completely off. I don't know the intersection
at issue here, but I'm willing to bet that if he opened his eyes
and used his brain he would have seen the turn he was trying for
just past the RR crossing.
Let me put it to you this way: Your driving down a highway and
I'm a passenger. I tell you suddenly to turn into oncoming traffic
and hit the approaching semi head on. If you actually do this, is
it my fault for telling you or is it your fault for being stupid
enough to follow? Hint: I'm not the one driving the car!
I mean, really, what has happened to personal responsibility? Own your actions. It makes me sick when people blame their GPS for their own idiocy.
store in a nearby city, and the last turn on the map was totally
wrong. The turn off was no where near my destination and I had to
stop at a gas station to ask for directions.
No matter what the GPS system says, driving on a river or onto train tracks is illegal and also very dangerous.