U.S. patent application number 09/969146 was filed with the patent office on 2002-04-25 for computerized method and system of identifying a credible witness statement relating to an accident.
Invention is credited to Johnston, Tim, Wahlbin, Steven.
Application Number | 20020049619 09/969146 |
Document ID | / |
Family ID | 22894976 |
Filed Date | 2002-04-25 |
United States Patent
Application |
20020049619 |
Kind Code |
A1 |
Wahlbin, Steven ; et
al. |
April 25, 2002 |
Computerized method and system of identifying a credible witness
statement relating to an accident
Abstract
Methods and systems are provided for determining inconsistencies
between at least one real set of characteristics relating to an
accident and a credible set of characteristics relating to the
accident. In an embodiment, sets of characteristics relating to an
accident may be used to determine liability in the accident. The at
least one real set of characteristics may be determined from
witness statements. The credible set of characteristics may be
determined from physical measurements of the accident. The at least
one real set of characteristics may be compare to the credible set
of characteristics to determine if there are inconsistencies in the
at least one real set of characteristics.
Inventors: |
Wahlbin, Steven; (Austin,
TX) ; Johnston, Tim; (Georgetown, TX) |
Correspondence
Address: |
ERIC B. MEYERTONS
CONLEY, ROSE & TAYON, P.C.
P.O. BOX 398
AUSTIN
TX
78767-0398
US
|
Family ID: |
22894976 |
Appl. No.: |
09/969146 |
Filed: |
October 2, 2001 |
Related U.S. Patent Documents
|
|
|
|
|
|
Application
Number |
Filing Date |
Patent Number |
|
|
60237744 |
Oct 2, 2000 |
|
|
|
Current U.S.
Class: |
705/4 |
Current CPC
Class: |
G06Q 10/10 20130101;
G16H 40/67 20180101; G06Q 30/0283 20130101; G06Q 20/102 20130101;
G06Q 40/08 20130101 |
Class at
Publication: |
705/4 |
International
Class: |
G06F 017/60 |
Claims
What is claimed is:
1. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident; wherein the computer system is configured to access
a memory, and wherein the memory comprises sets of characteristics
for past or theoretical accidents associated with estimates of
liability; comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
2. The method of claim 1, wherein the memory further comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
3. The method of claim 1, wherein the real accident comprises a
collision involving one or more vehicles.
4. The method of claim 1, wherein the real accident comprises a
collision involving two vehicles.
5. The method of claim 1, wherein the real accident comprises a
collision involving one or more vehicles, and wherein determining
an estimate of liability comprises determining an estimate of
liability for a driver of the one or more vehicles.
6. The method of claim 1, wherein the real accident comprises a
collision involving one or more vehicles, wherein determining an
estimate of liability comprises determining an estimate of
liability for a driver of the one or more vehicles and for one or
more additional parties, wherein the one or more additional parties
contributed to the real accident.
7. The method of claim 1, wherein the estimate of liability is
expressed as a percentage.
8. The method of claim 1, wherein the estimate of liability is
expressed as a range of liability.
9. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident.
10. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration.
11. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration, and wherein the roadway
configuration is selected from the group consisting of a two or
more lane road, a divided road with a median that can be crossed, a
four-way intersection, a T-angle intersection, a merging of one
roadway into another, a curve, a parking lot with two-way traffic,
a parking lot with one way traffic, a center turn lane, and a two
or more lane road divided by a physical barrier.
12. The method of claim 1, wherein the real set of characteristics
comprises an accident type.
13. The method of claim 1, wherein the real set of characteristics
comprises an accident type, and wherein the accident type is
selected from the group consisting of a rear ender, a left turn
crossing traffic, a left turn across traffic, a left turn entering
traffic, a right turn entering traffic, dual turns to same lane,
concurrent left turns, a U-turn, a parked vehicle merging into
traffic from right, a parked vehicle merging into traffic from
left, a merge from left, a merge from right, concurrent merges to a
single lane, a collision with a parked vehicle, a collision while
backing, a head on, and a straight cross traffic collision.
14. The method of claim 1, wherein the real set of characteristics
comprises an impact point for a vehicle in the real accident.
15. The method of claim 1, wherein the real set of characteristics
comprises an impact point for a vehicle in the real accident, and
wherein the impact point is selected from the group consisting of
right front corner, right front fender, right middle, right rear
quarter-panel, right rear corner, rear middle, left rear corner,
left rear quarter-panel, left middle, left front fender, left front
corner, and front middle.
16. The method of claim 1, wherein the real set of characteristics
comprises an impact point for each vehicle involved in the real
accident.
17. The method of claim 1, wherein the real set of characteristics
comprises an impact point for each vehicle involved in the real
accident, and wherein the impact point for each vehicle is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
18. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident and a
roadway configuration.
19. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident and a
roadway configuration, and wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
20. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident and an
accident type.
21. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident and an
accident type, and wherein the accident type is selected from the
group consisting of a rear ender, a left turn crossing traffic, a
left turn across traffic, a left turn entering traffic, a right
turn entering traffic, dual turns to same lane, concurrent left
turns, a U-turn, a parked vehicle merging into traffic from right,
a parked vehicle merging into traffic from left, a merge from left,
a merge from right, concurrent merges to a single lane, a collision
with a parked vehicle, a collision while backing; a head on, and a
straight cross traffic collision.
22. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident and an
impact point of the vehicle involved in the real accident.
23. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident and an
impact point of the vehicle involved in the real accident, and
wherein the impact point is selected from the group consisting of
right front corner, right front fender, right middle, right rear
quarter-panel, right rear corner, rear middle, left rear corner,
left rear quarter-panel, left middle, left front fender, left front
corner, and front middle.
24. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration and an accident type.
25. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration and an accident type, and wherein
the accident type is selected from the group consisting of a rear
ender, a left turn crossing traffic, a left turn across traffic, a
left turn entering traffic, a right turn entering traffic, dual
turns to same lane, concurrent left turns, a U-turn; a parked
vehicle merging into traffic from right, a parked vehicle merging
into traffic from left, a merge from left, a merge from right,
concurrent merges to a single lane, a collision with a parked
vehicle, a collision while backing, a head on, and a straight cross
traffic collision.
26. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration and an accident type, and wherein
the roadway configuration is selected from the group consisting of
a two or more lane road, a divided road with a median that can be
crossed, a four-way intersection, a T-angle intersection, a merging
of one roadway into another, a curve, a parking lot with two-way
traffic, a parking lot with one way traffic, a center turn lane,
and a two or more lane road divided by a physical barrier.
27. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration and an impact point of a vehicle
involved in the real accident.
28. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration and an impact point of a vehicle
involved in the real accident, and wherein the roadway
configuration is selected from the group consisting of a two or
more lane road, a divided road with a median that can be crossed, a
four-way intersection, a T-angle intersection, a merging of one
roadway into another, a curve, a parking lot with two-way traffic,
a parking lot with one way traffic, a center turn lane, and a two
or more lane road divided by a physical barrier.
29. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration and an impact point of a vehicle
involved in the real accident, and wherein the impact point is
selected from the group consisting of right front corner, right
front fender, right middle, right rear quarter-panel, right rear
corner, rear middle, left rear corner, left rear quarter-panel,
left middle, left front fender, left front corner, and front
middle.
30. The method of claim 1, wherein the real set of characteristics
comprises an accident type and an impact point of a vehicle
involved in the real accident.
31. The method of claim 1, wherein the real set of characteristics
comprises an accident type and an impact point of a vehicle
involved in the real accident, and wherein the accident type is
selected from the group consisting of a rear ender, a left turn
crossing traffic, a left turn across traffic, a left turn entering
traffic, a right turn entering traffic, dual turns to same lane,
concurrent left turns a U-turn, a parked vehicle merging into
traffic from right, a parked vehicle merging into traffic from
left, a merge from left, a merge from right, concurrent merges to a
single lane, a collision with a parked vehicle, a collision while
backing, a head on, and a straight cross traffic collision.
32. The method of claim 1, wherein the real set of characteristics
comprises an accident type and an impact point of a vehicle
involved in the real accident, and wherein the impact point is
selected from the group consisting of right front corner, right
front fender, right middle, right rear quarter-panel, right rear
corner, rear middle, left rear corner, left rear quarter-panel,
left middle, left front fender, left front corner, and front
middle.
33. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, and an accident type.
34. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, and an accident type, and wherein the
roadway configuration is selected from the group consisting of a
two or more lane road, a divided road with a median that can be
crossed, a four-way intersection, a T-angle intersection, a merging
of one roadway into another, a curve, a parking lot with two-way
traffic, a parking lot with one way traffic, a center turn lane,
and a two or more lane road divided by a physical barrier.
35. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, and an accident type, and wherein the
accident type is selected from the group consisting of a rear
ender, a left turn crossing traffic, a left turn across traffic, a
left turn entering traffic, a right turn entering traffic, dual
turns to same lane, concurrent left turns, a U-turn, a parked
vehicle merging into traffic from right, a parked vehicle merging
into traffic from left, a merge from left, a merge from right,
concurrent merges to a single lane, a collision with a parked
vehicle, a collision while backing, a head on, and a straight cross
traffic collision.
36. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the accident, a roadway
configuration, and an impact point of the vehicle involved in the
real accident.
37. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the accident, a roadway
configuration, and an impact point of the vehicle involved in the
real accident, and wherein the roadway configuration is selected
from the group consisting of a two or more lane road, a divided
road with a median that can be crossed, a four-way intersection, a
T-angle intersection, a merging of one roadway into another, a
curve, a parking lot with two-way traffic, a parking lot with one
way traffic, a center turn lane, and a two or more lane road
divided by a physical barrier.
38. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the accident, a roadway
configuration, and an impact point of the vehicle involved in the
real accident, and wherein the impact point is selected from the
group consisting of right front corner, right front fender, right
middle, right rear quarter-panel, right rear corner, rear middle,
left rear corner, left rear quarter-panel, left middle, left front
fender, left front corner, and front middle.
39. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, an
accident type, and an impact point of the vehicle involved in the
real accident.
40. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, an
accident type, and an impact point of the vehicle involved in the
real accident, and wherein the accident type is selected from the
group consisting of a rear ender, a left turn crossing traffic, a
left turn across traffic, a left turn entering traffic, a right
turn entering traffic, dual turns to same lane, concurrent left
turns, a U-turn, a parked vehicle merging into traffic from right,
a parked vehicle merging into traffic from left, a merge from left,
a merge from right, concurrent merges to a single lane, a collision
with a parked vehicle, a collision while backing, a head on, and a
straight cross traffic collision.
41. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, an
accident type, and an impact point of the vehicle involved in the
real accident, and wherein the impact point is selected from the
group consisting of right front corner, right front fender, right
middle, right rear quarter-panel panel, right rear corner, rear
middle, left rear corner, left rear quarter-panel, left middle,
left front fender, left front corner, and front middle.
42. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration, an accident type, and an impact
point of a vehicle involved in the real accident.
43. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration, an accident type, and an impact
point of a vehicle involved in the real accident, and wherein the
roadway configuration is selected from the group consisting of a
two or more lane road, a divided road with a median that can be
crossed, a four-way intersection, a T-angle intersection, a merging
of one roadway into another, a curve, a parking lot with two-way
traffic, a parking lot with one way traffic, a center turn lane,
and a two or more lane road divided by a physical barrier.
44. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration, an accident type, and an impact
point of a vehicle involved in the real accident, and wherein the
accident type is selected from the group consisting of a rear
ender, a left turn crossing traffic, a left turn across traffic, a
left turn entering traffic, a right turn entering traffic, dual
turns to same lane, concurrent left turns, a U-turn, a parked
vehicle merging into traffic from right a parked vehicle merging
into traffic from left, a merge from left, a merge from right,
concurrent merges to a single lane, a collision with a parked
vehicle, a collision while backing, a head on, and a straight cross
traffic collision.
45. The method of claim 1, wherein the real set of characteristics
comprises a roadway configuration, an accident type, and an impact
point of a vehicle involved in the real accident, and wherein the
impact point is selected from the group consisting of right front
corner, right front fender, right middle, right rear quarter-panel,
right rear corner, rear middle, left rear corner, left rear
quarter-panel, left middle, left front fender, left front corner,
and front middle.
46. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, an accident type, and an impact point of the
vehicle involved in the real accident.
47. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, an accident type, and an impact point of the
vehicle involved in the real accident, and wherein the roadway
configuration is selected from the group consisting of a two or
more lane road, a divided road with a median that can be crossed, a
four-way intersection, a T-angle intersection, a merging of one
roadway into another, a curve, a parking lot with two-way traffic,
a parking lot with one way traffic, a center turn lane, and a two
or more lane road divided by a physical barrier.
48. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, an accident type, and an impact point of the
vehicle involved in the real accident, and wherein the accident
type is selected from the group consisting of a rear ender, a left
turn crossing traffic, a left turn across traffic, a left turn
entering traffic, a right turn entering traffic, dual turns to same
lane, concurrent left turns, a U-turn, a parked vehicle merging
into traffic from right, a parked vehicle merging into traffic from
left, a merge from left, a merge from right, concurrent merges to a
single lane, a collision with a parked vehicle, a collision while
backing, a head on, and a straight cross traffic collision.
49. The method of claim 1, wherein the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration, an accident type, and an impact point of the
vehicle involved in the real accident, and wherein the impact point
is selected from the group consisting of right front corner, right
front fender, right middle, right rear quarter-panel, right rear
corner, rear middle, left rear corner, left rear quarter-panel,
left middle, left front fender, left front corner, and front
middle.
50. The method of claim 1, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
51. The method of claim 50, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
52. The method of claim 50, further comprising adjusting the one or
more factor estimates with a situational weight.
53. The method of claim 50, further comprising adjusting a sum of
the one or more factors with a factor influence, wherein the factor
influence is estimated from knowledge obtained from experienced
claims adjusters.
54. The method of claim 50, further comprising adjusting the one or
more factors with a ranking factor, wherein the ranking factor is
estimated from knowledge obtained from experienced claims
adjusters.
55. The method of claim 1, further comprising determining one or
more situational weights based on circumstances relating to the
real accident.
56. The method of claim 1, wherein the accident comprises a
collision of one or more vehicles, wherein the computer system is
further configured to determine at least one factor estimate,
wherein the at least one factor estimate comprises an estimate of
an effect on liability of a factor, and wherein the factor is
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
57. The method of claim 56, further comprising adjusting the at
least one factor estimate with a situational weight.
58. The method of claim 57, wherein the situational weight is
estimated from knowledge obtained from experienced claims
adjusters.
59. The method of claim 57, wherein the situational weight is
estimated from circumstances relating to the vehicle accident.
60. The method of claim 56, further comprising determining a sum of
the at least one factor estimate, and adjusting the sum of the at
least one factor estimate with a factor influence.
61. The method of claim 56, further comprising adjusting the at
least one factor estimate with a ranking factor.
62. The method of claim 1, wherein the estimate of liability is a
range, and wherein the range is estimated by a range radius.
63. The method of claim 1, wherein the estimate of liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
64. The method of claim 1, wherein the computer system is further
configured to access a different memory containing information
useful for determining a right of way for a vehicle.
65. The method of claim 1, wherein the computer system is further
configured to access the memory, and wherein the memory comprises
information useful for determining a right of way for a
vehicle.
66. The method of claim 1, wherein the computer system is further
configured to access a different memory containing information
about laws in a jurisdiction applicable to the real accident.
67. The method of claim 1, wherein the computer system is further
configured to access the memory, and wherein the memory comprises
information about laws in a jurisdiction applicable to the real
accident.
68. The method of claim 1, wherein the computer system is further
configured to access a different memory containing information
useful for determining a right of way for a vehicle involved in the
real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
69. The method of claim 1, wherein the computer system is further
configured to access the memory, wherein the memory comprises
information useful for determining a right of way for a vehicle
involved in the real accident, and wherein the computer system is
further configured to determine the right of way for the
vehicle.
70. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises a right of way for a vehicle in the
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least one of the sets of characteristics
for the past or theoretical accidents comprises a right of way for
a vehicle in the past or theoretical accidents; comparing the real
set of characteristics to the sets of characteristics relating to
the past or theoretical accidents to determine a nearest matching
set of characteristics among the sets of characteristics relating
to the past or theoretical accidents; and determining an estimate
of liability for the real accident based on the estimate of
liability associated with the nearest matching set of
characteristics.
71. The method of claim 70, wherein the memory further comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
72. The method of claim 70, wherein the real accident comprises a
collision involving two vehicles.
73. The method of claim 70, wherein the real accident comprises a
collision involving one or more vehicles, and wherein determining
an estimate of liability comprises determining an estimate of
liability for a driver of the vehicle in the real accident.
74. The method of claim 70, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles, wherein determining an estimate of liability
comprises determining an estimate of liability for a driver of the
vehicle in the real accident and the one or more other vehicles and
for one or more additional parties, and wherein the one or more
additional parties contributed to the real accident.
75. The method of claim 70, wherein the estimate of liability is
expressed as a percentage.
76. The method of claim 70, wherein the estimate of liability is
expressed as a range of liability.
77. The method of claim 70, wherein the real set of characteristics
further comprises a roadway configuration.
78. The method of claim 77, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
79. The method of claim 70, wherein the real set of characteristics
further comprises an accident type.
80. The method of claim 79, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
81. The method of claim 70, wherein the real set of characteristics
further comprises an impact point for the vehicle in the real
accident.
82. The method of claim 81, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
83. The method of claim 70, wherein the real set of characteristics
further comprises impact points for the vehicle in the real
accident and one or more other vehicles.
84. The method of claim 83, wherein each impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
85. The method of claim 70, wherein the real set of characteristics
further comprises a roadway configuration and an accident type.
86. The method of claim 70, wherein the real set of characteristics
further comprises a roadway configuration and an impact point of
the vehicle in the real accident.
87. The method of claim 70, wherein the real set of characteristics
further comprises an accident type and an impact point of the
vehicle in the real accident.
88. The method of claim 70, wherein the real set of characteristics
further comprises a right of way for the vehicle in the real
accident, a roadway configuration, and an accident type.
89. The method of claim 70, wherein the real set of characteristics
further comprises a roadway configuration, an accident type, and an
impact point of the vehicle in the real accident.
90. The method of claim 70, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
91. The method of claim 90, wherein the one or more factor comprise
an estimate of an effect on liability of a factor, and wherein the
factor is selected from the group consisting of a construction
zone, an obstructed view or glare, a road condition, a road
character, a road defect, a defective traffic control, visibility,
alcohol, illicit drugs, prescription drugs, driver inattention,
corrective lenses, driver inexperience, driver fatigue, driver
illness, following too closely, headlights off, speed, a sudden
stop or swerve, taillights or brakelights off, unsafe backing,
failure to take evasive action, high beams, an improper lane
change, improper parking, and improper signaling.
92. The method of claim 70, wherein the accident comprises a
collision of the vehicle and one or more other vehicles, wherein
the computer system is further configured to determine at least one
factor estimate, wherein the at least one factor estimate comprises
an estimate of an effect on liability of a factor, and wherein the
factor is selected from the group consisting of a construction
zone, an obstructed view or glare, a road condition, a road
character, a road defect, a defective traffic control, visibility,
alcohol, illicit drugs, prescription drugs, driver inattention,
corrective lenses, driver inexperience, driver fatigue, driver
illness, following too closely, headlights off, speed, a sudden
stop or swerve, taillights or brakelights off, unsafe backing,
failure to take evasive action, high beams, an improper lane
change, improper parking, and improper signaling.
93. The method of claim 70, wherein the estimate of liability is a
range, and wherein the range is estimated by a range radius.
94. The method of claim 70, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
95. The method of claim 70, wherein the computer system is further
configured to access a different memory containing information
useful for determining the right of way of the vehicle in the real
accident.
96. The method of claim 70, wherein the computer system is further
configured to access a different memory containing information
about laws in a jurisdiction applicable to the real accident.
97. The method of claim 70, wherein the computer system is further
configured to access a different memory containing information
useful for determining the right of way of the vehicle in the real
accident, and wherein the computer system is further configured to
determine the right of way of the vehicle.
98. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises a roadway configuration at the
location of the real vehicle accident; wherein the computer system
is configured to access a memory, wherein the memory comprises sets
of characteristics for past or theoretical accidents associated
with estimates of liability, and wherein at least one of the sets
of characteristics for the past or theoretical accidents comprises
a roadway configuration at the location of one of the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
99. The method of claim 98, wherein the memory further comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
100. The method of claim 98, wherein the real accident comprises a
collision involving one or more vehicles.
101. The method of claim 98, wherein the real accident comprises a
collision involving one or more vehicles, and wherein determining
an estimate of liability comprises determining an estimate of
liability for a driver of at least one of the one or more
vehicles.
102. The method of claim 98, wherein the real accident comprises a
collision involving one or more vehicles, wherein determining an
estimate of liability comprises determining an estimate of
liability for a driver of at least one of the one or more vehicles
in the real accident and for one or more additional parties, and
wherein the one or more additional parties contributed to the real
accident.
103. The method of claim 98, wherein the estimate of liability is
expressed as a percentage.
104. The method of claim 98, wherein the estimate of liability is
expressed as a range of liability.
105. The method of claim 98, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident.
106. The method of claim 98, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
107. The method of claim 98, wherein the real set of
characteristics further comprises an accident type.
108. The method of claim 107, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
109. The method of claim 98, wherein the real set of
characteristics further comprises an impact point for a vehicle in
the real accident.
110. The method of claim 109, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
111. The method of claim 98, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident and an accident type.
112. The method of claim 98, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident and an impact point of the vehicle in the real
accident.
113. The method of claim 98, wherein the real set of
characteristics further comprises an accident type and an impact
point of the vehicle in the real accident.
114. The method of claim 99, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident, an accident type, and an impact point of the
vehicle in the real accident.
115. The method of claim 98, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
116. The method of claim 115, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
117. The method of claim 98, wherein the accident comprises a
collision of one or more vehicles, wherein the computer system is
further configured to determine at least one factor estimate,
wherein the at least one factor estimate comprise an estimate of an
effect on liability of a factor, and wherein the factor is selected
from the group consisting of a construction zone, an obstructed
view or glare, a road condition, a road character, a road defect, a
defective traffic control, visibility, alcohol, illicit drugs,
prescription drugs, driver inattention, corrective lenses, driver
inexperience, driver fatigue, driver illness, following too
closely, headlights off, speed, a sudden stop or swerve, taillights
or brakelights off, unsafe backing, failure to take evasive action,
high beams, an improper lane change, improper parking, and improper
signaling.
118. The method of claim 98, wherein the estimate of liability is a
range, and wherein the range is estimated by a range radius.
119. The method of claim 98, wherein the estimate of liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
120. The method of claim 98, wherein the computer system is further
configured to access a different memory containing information
useful for determining a right of way for a vehicle.
121. The method of claim 98, wherein the computer system is further
configured to access a different memory containing information
about laws in a jurisdiction applicable to the real vehicle
accident.
122. The method of claim 98, wherein the computer system is further
configured to access a different memory containing information
useful for determining a right of way of a vehicle in the real
vehicle accident, and wherein the computer system is further
configured to determine the right of way of the vehicle.
123. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises an accident type; wherein the computer
system is configured to access a memory, wherein the memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the sets of characteristics for the past or theoretical accidents
comprises an accident type of the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
124. The method of claim 123, wherein the memory further comprises
a database, and wherein the sets of characteristics for past or
theoretical accidents are stored in the database.
125. The method of claim 123, wherein the real accident comprises a
collision involving one or more vehicles.
126. The method of claim 123, wherein the real accident comprises a
collision involving one or more vehicles, and wherein determining
an estimate of liability comprises determining an estimate of
liability for a driver of at least one of the one or more
vehicles.
127. The method of claim 123, wherein the real accident comprises a
collision involving one or more vehicles, wherein determining an
estimate of liability comprises determining an estimate of
liability for a driver of at least one of the one or more vehicles
and for one or more additional parties, and wherein the one or more
additional parties contributed to the real accident.
128. The method of claim 123, wherein the estimate of liability is
expressed as a percentage.
129. The method of claim 123, wherein the estimate of liability is
expressed as a range of liability.
130. The method of claim 123, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident.
131. The method of claim 123, wherein the real set of
characteristics further comprises a roadway configuration.
132. The method of claim 131, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
133. The method of claim 123, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
134. The method of claim 123, wherein the real set of
characteristics further comprises an impact point for a vehicle in
the real accident.
135. The method of claim 134, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
136. The method of claim 123, wherein the real set of
characteristics further comprises an impact point for more than one
vehicle involved in the real accident.
137. The method of claim 136, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
138. The method of claim 123, wherein the real set of
characteristics further comprises a right of way of a vehicle in
the real accident and a roadway configuration.
139. The method of claim 123, wherein the real set of
characteristics further comprises a right of way of a vehicle in
the real accident and an impact point of the vehicle in the real
accident.
140. The method of claim 123, wherein the real set of
characteristics further comprises a roadway configuration and an
impact point of a vehicle in the real accident.
141. The method of claim 123, wherein the real set of
characteristics further comprises a right of way of a vehicle in
the accident, a roadway configuration, and an impact point of the
vehicle in the real accident.
142. The method of claim 123, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
143. The method of claim 142, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor; and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, tailights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
144. The method of claim 123, wherein the accident comprises a
collision of one or more vehicles, wherein the computer system is
further configured to determine at least one factor estimate,
wherein the at least one factor estimate comprise an estimate of an
effect on liability of a factor; and wherein the factor is selected
from the group consisting of a construction zone, an obstructed
view or glare, a road condition, a road character, a road defect, a
defective traffic control, visibility, alcohol, illicit drugs,
prescription drugs, driver inattention, corrective lenses, driver
inexperience, driver fatigue, driver illness, following too
closely, headlights off, speed, a sudden stop or swerve, taillights
or brakelights off, unsafe backing, failure to take evasive action,
high beams, an improper lane change, improper parking, and improper
signaling.
145. The method of claim 123, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
146. The method of claim 123, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
147. The method of claim 123, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way of a vehicle in
the real accident.
148. The method of claim 123, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
149. The method of claim 123, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way of a vehicle in
the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
150. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises an impact point for a vehicle involved
in the real accident; wherein the computer system is configured to
access a memory, wherein the memory comprises sets of
characteristics for past or theoretical accidents associated with
estimates of liability, and wherein at least one of the sets of
characteristics for the past or theoretical accidents comprises an
impact point for a vehicle involved in one of the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
151. The method of claim 150, wherein the memory further comprises
a database, and wherein the sets of characteristics for past or
theoretical accidents are stored in the database.
152. The method of claim 150, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
153. The method of claim 150, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles.
154. The method of claim 150, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles,
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles and for one or more additional
parties, and wherein the one or more additional parties contributed
to the real accident.
155. The method of claim 150, wherein the estimate of liability is
expressed as a percentage.
156. The method of claim 150, wherein the estimate of liability is
expressed as a range of liability.
157. The method of claim 150, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident.
158. The method of claim 150, wherein the real set of
characteristics further comprises a roadway configuration.
159. The method of claim 158, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
160. The method of claim 150, wherein the real set of
characteristics further comprises an accident type.
161. The method of claim 160, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
162. The method of claim 150, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
163. The method of claim 150, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident and a roadway configuration.
164. The method of claim 150, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident and an accident type.
165. The method of claim 150, wherein the real set of
characteristics further comprises a roadway configuration and an
accident type.
166. The method of claim 150, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident, a roadway configuration, and an accident
type.
167. The method of claim 150, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
168. The method of claim 167, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor; and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
169. The method of claim 150, wherein the accident comprises a
collision of the vehicle and one or more other vehicles, wherein
the computer system is further configured to determine at least one
factor estimate, wherein the at least one factor estimate comprise
an estimate of an effect on liability of a factor; and wherein the
factor is selected from the group consisting of a construction
zone, an obstructed view or glare, a road condition, a road
character, a road defect, a defective traffic control, visibility,
alcohol, illicit drugs, prescription drugs, driver inattention,
corrective lenses, driver inexperience, driver fatigue, driver
illness, following too closely, headlights off, speed, a sudden
stop or swerve, taillights or brakelights off, unsafe backing,
failure to take evasive action, high beams, an improper lane
change, improper parking, and improper signaling.
170. The method of claim 150, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
171. The method of claim 150, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
172. The method of claim 150, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the
vehicle.
173. The method of claim 150, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
174. The method of claim 150, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
175. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the set of
real characteristics comprise a right of way for a vehicle in the
real accident and a roadway configuration at the location of the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least two of the sets of characteristics
for the past or theoretical accidents comprise a right of way for a
vehicle in one of the past or theoretical accidents and a roadway
configuration at the location of the past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
176. The method of claim 175, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
177. The method of claim 175, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
178. The method of claim 175, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles in the real accident.
179. The method of claim 175, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles,
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles and for one or more additional
parties, and wherein the one or more additional parties contributed
to the real accident.
180. The method of claim 175, wherein the estimate of liability is
expressed as a percentage.
181. The method of claim 175, wherein the estimate of liability is
expressed as a range of liability.
182. The method of claim 175, wherein the roadway configuration at
the location of the real accident is selected from the group
consisting of a two or more lane road, a divided road with a median
that can be crossed, a four-way intersection, a T-angle
intersection, a merging of one roadway into another, a curve, a
parking lot with two-way traffic, a parking lot with one way
traffic, a center turn lane, and a two or more lane road divided by
a physical barrier.
183. The method of claim 175, wherein the real set of
characteristics further comprises an accident type.
184. The method of claim 183, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
185. The method of claim 175, wherein the real set of
characteristics further comprises an impact point for the
vehicle.
186. The method of claim 185, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
187. The method of claim 175, wherein the real set of
characteristics comprises an impact point for the vehicle and one
or more other vehicles involved in the real accident.
188. The method of claim 187, wherein each impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
189. The method of claim 175, wherein the real set of
characteristics further comprises an accident type and an impact
point for the vehicle.
190. The method of claim 175, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
191. The method of claim 190, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor; and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
192. The method of claim 175, wherein the accident comprises a
collision of the vehicle and one or more other vehicles, wherein
the computer system is further configured to determine at least one
factor estimate, wherein the at least one factor estimate comprise
an estimate of an effect on liability of a factor; and wherein the
factor is selected from the group consisting of a construction
zone, an obstructed view or glare, a road condition, a road
character, a road defect, a defective traffic control, visibility,
alcohol, illicit drugs, prescription drugs, driver inattention,
corrective lenses, driver inexperience, driver fatigue, driver
illness, following too closely, headlights off, speed, a sudden
stop or swerve, taillights or brakelights off, unsafe backing,
failure to take evasive action, high beams, an improper lane
change, improper parking, and improper signaling.
193. The method of claim 175, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
194. The method of claim 175, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
195. The method of claim 175, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the
vehicle.
196. The method of claim 175, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
197. The method of claim 175, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
198. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a right of way for a vehicle in the
real accident and an accident type of the real accident; wherein
the computer system is configured to access a memory, wherein the
memory comprises sets of characteristics for past or theoretical
accidents associated with estimates of liability, and wherein at
least two of the sets of characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in the
past or theoretical accident and an accident type of the past or
theoretical accident; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
199. The method of claim 198, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
200. The method of claim 198, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
201. The method of claim 198, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles,
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles.
202. The method of claim 198, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles,
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles and for one or more additional
parties, and wherein the one or more additional parties contributed
to the real accident.
203. The method of claim 198, wherein the estimate of liability is
expressed as a percentage.
204. The method of claim 198, wherein the estimate of liability is
expressed as a range of liability.
205. The method of claim 198, wherein the real set of
characteristics further comprises a roadway configuration.
206. The method of claim 205, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
207. The method of claim 198, wherein the accident type of the real
accident is selected from the group consisting of a rear ender, a
left turn crossing traffic, a left turn across traffic, a left turn
entering traffic, a right turn entering traffic, dual turns to same
lane, concurrent left turns, a U-turn, a parked vehicle merging
into traffic from right, a parked vehicle merging into traffic from
left, a merge from left, a merge from right, concurrent merges to a
single lane, a collision with a parked vehicle, a collision while
backing, a head on, and a straight cross traffic collision.
208. The method of claim 198, wherein the real set of
characteristics further comprises an impact point for the vehicle
in the real accident.
209. The method of claim 208, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, or front middle.
210. The method of claim 198, wherein the real set of
characteristics further comprises an impact point for the vehicle
and one or more other vehicles in the real accident.
211. The method of claim 210, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
212. The method of claim 198, wherein the real set of
characteristics further comprises a roadway configuration and an
impact point of the vehicle and one or more other vehicles involved
in the real accident.
213. The method of claim 198, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
214. The method of claim 213, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor; and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
215. The method of claim 198, wherein the accident comprises a
collision of the vehicle and one or more other vehicles, wherein
the computer system is further configured to determine at least one
factor estimate, wherein the at least one factor estimate comprise
an estimate of an effect on liability of a factor; and wherein the
factor is selected from the group consisting of a construction
zone, an obstructed view or glare, a road condition, a road
character, a road defect, a defective traffic control, visibility,
alcohol, illicit drugs, prescription drugs, driver inattention,
corrective lenses, driver inexperience, driver fatigue, driver
illness, following too closely, headlights off, speed, a sudden
stop or swerve, taillights or brakelights off, unsafe backing,
failure to take evasive action, high beams, an improper lane
change, improper parking, and improper signaling.
216. The method of claim 198, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
217. The method of claim 198, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
218. The method of claim 198, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident.
219. The method of claim 198, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
220. The method of claim 198, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle in the
real accident.
221. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a right of way for a vehicle in the
real accident and an impact point of the vehicle in the real
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least two of the sets of characteristics
for the past or theoretical accidents comprise a right of way for a
vehicle in one of the past or theoretical accidents and an impact
points of the vehicle in the one past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
222. The method of claim 221, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
223. The method of claim 221, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
224. The method of claim 221, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles in the real accident.
225. The method of claim 221, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles,
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles in the real accident and for one or
more additional parties, and wherein the one or more additional
parties contributed to the real accident.
226. The method of claim 221, wherein the estimate of liability is
expressed as a percentage.
227. The method of claim 221, wherein the estimate of liability is
expressed as a range of liability.
228. The method of claim 221, wherein the real set of
characteristics further comprises a roadway configuration at the
location of the real accident.
229. The method of claim 228, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
230. The method of claim 221, wherein the real set of
characteristics further comprises an accident type of the real
accident.
231. The method of claim 230, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
232. The method of claim 221, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
233. The method of claim 221, wherein the real set of
characteristics further comprises a roadway configuration of a
location of the real accident and an accident type of the real
accident.
234. The method of claim 221, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
235. The method of claim 234, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
236. The method of claim 221, wherein the accident further
comprises a collision of the vehicle and the one or more other
vehicles, wherein the computer system is configured to determine at
least one factor estimate, wherein the at least one factor estimate
comprises an estimate of an effect on liability of a factor, and
wherein the factor is selected from the group consisting of a
construction zone, an obstructed view or glare, a road condition, a
road character, a road defect, a defective traffic control,
visibility, alcohol, illicit drugs, prescription drugs, driver
inattention, corrective lenses, driver inexperience, driver
fatigue, driver illness, following too closely, headlights off,
speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, or improper signaling.
237. The method of claim 221, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
238. The method of claim 221, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
239. The method of claim 221, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident.
240. The method of claim 221, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
241. The method of claim 221, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle in the
real accident.
242. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a roadway configuration at a location
of the real accident and an accident type of the real accident;
wherein the computer system is configured to access a memory,
wherein the memory comprises sets of characteristics for past or
theoretical accidents associated with estimates of liability, and
wherein at least two of the sets of characteristics comprise a
roadway configuration at a location of one of the past or
theoretical accidents and an accident type of the past or
theoretical accident; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
243. The method of claim 242, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
244. The method of claim 242, wherein the real accident comprises a
collision involving one or more vehicles.
245. The method of claim 242, wherein the real accident comprises a
collision involving one or more vehicles, and wherein determining
an estimate of liability comprises determining an estimate of
liability for a driver of the one or more vehicles.
246. The method of claim 242, wherein the real accident comprises a
collision involving one or more vehicles, wherein determining an
estimate of liability comprises determining an estimate of
liability for a driver of the one or more vehicles and for one or
more additional parties, and wherein the one or more additional
parties contributed to the real accident.
247. The method of claim 242, wherein the estimate of liability is
expressed as a percentage.
248. The method of claim 242, wherein the estimate of liability is
expressed as a range of liability.
249. The method of claim 242, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident.
250. The method of claim 242, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
251. The method of claim 242, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
252. The method of claim 242, wherein the real set of
characteristics further comprises an impact point for a vehicle in
the real accident.
253. The method of claim 252, wherein the impact point is selected
from the group consisting or right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
254. The method of claim 242, wherein the real set of
characteristics further comprises a right of way for a vehicle in
the real accident and an impact point of the vehicle.
255. The method of claim 242, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
256. The method of claim 255, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
257. The method of claim 242, wherein the real accident comprises a
collision of one or more vehicles, wherein the computer system is
further configured to determine at least one factor estimate,
wherein the at least one factor estimate comprise an estimate of an
effect on liability of a factor, and wherein the factors is
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
258. The method of claim 242, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
259. The method of claim 242, wherein the estimate liability is a
rang, wherein the range is estimated by a range radius, and wherein
the range radius is adjusted by a snap-to radius.
260. The method of claim 242, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for a vehicle in
the real accident.
261. The method of claim 242, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
262. The method of claim 242, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for a vehicle in
the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
263. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a roadway configuration at a location
of the real accident and an impact points of a vehicle in the real
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with an estimate of
liability, and wherein at least two of the characteristics for the
past or theoretical accidents comprises a roadway configuration at
a location of one of the past or theoretical accidents and an
impact point of a vehicle in the one past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
264. The method of claim 263, wherein the further comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
265. The method of claim 263, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
266. The method of claim 263, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles.
267. The method of claim 263, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles and for one or more additional
parties, wherein the one or more additional parties contributed to
the real accident.
268. The method of claim 263, wherein the estimate of liability is
expressed as a percentage.
269. The method of claim 263, wherein the estimate of liability is
expressed as a range of liability.
270. The method of claim 263, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident.
271. The method of claim 263, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
272. The method of claim 263, wherein the real set of
characteristics further comprises an accident type of the real
accident.
273. The method of claim 272, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
274. The method of claim 263, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
275. The method of claim 263, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident and an accident type of the real accident.
276. The method of claim 263, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
277. The method of claim 276, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
278. The method of claim 263, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprises an estimate of an effect on liability of
a factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
279. The method of claim 263, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
280. The method of claim 263, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
281. The method of claim 263, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
in the real accident.
282. The method of claim 263, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
283. The method of claim 263, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
284. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises an
accident type of the real accident and an impact point of a vehicle
in the real accident; wherein the computer system is configured to
access a memory, wherein the memory comprises sets of
characteristics for past or theoretical accidents associated with
estimates of liability, and wherein the sets of characteristics of
the past or theoretical accidents comprise an accident type of one
of the past or theoretical accidents and an impact point of a
vehicle in the one past or theoretical accident; comparing the real
set of characteristics to the sets of characteristics for the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics relating to the
past or theoretical accidents; and determining an estimate of
liability for the real accident based on the estimate of liability
associated with the nearest matching set of characteristics.
285. The method of claim 284, wherein the memory comprises a
database, and wherein the sets of characteristics for past or
theoretical accidents are stored in the database.
286. The method of claim 284, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles.
287. The method of claim 284, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles.
288. The method of claim 284, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least the vehicle or
the one or more other vehicles and for one or more additional
parties, wherein the one or more additional parties contributed to
the real accident.
289. The method of claim 284, wherein the estimate of liability is
expressed as a percentage.
290. The method of claim 284, wherein the estimate of liability is
expressed as a range of liability.
291. The method of claim 284, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident.
292. The method of claim 284, wherein the real set of
characteristics further comprises a roadway configuration at a
location of the real accident.
293. The method of claim 292, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
294. The method of claim 284, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
295. The method of claim 284, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
296. The method of claim 284, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident and a roadway configuration at a location of the
real accident.
297. The method of claim 284, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
298. The method of claim 297, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
299. The method of claim 284, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
300. The method of claim 284, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
301. The method of claim 284, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
302. The method of claim 284, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
the real accident.
303. The method of claim 284, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
304. The method of claim 284, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle in the
real accident.
305. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics a real
accident, wherein the real set of characteristics comprises a right
of way for a vehicle in the real accident, a roadway configuration
at a location of the real accident, and an accident type of the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein the sets of characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in one
of the past or theoretical accidents, a roadway configuration at a
location of the one of the past or theoretical accidents, and an
accident type of the one of the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics for the past or theoretical accidents to determine
a nearest matching set of characteristics among the sets of
characteristics relating to the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
306. The method of claim 305, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
307. The method of claim 305, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
308. The method of claim 305, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles, and wherein determining an estimate of
liability comprises determining an estimate of liability for a
driver of at least the vehicle or the one or more other vehicles in
the real accident.
309. The method of claim 305, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least vehicle or the
one or more other vehicles in the real accident and for one or more
additional parties, wherein the one or more additional parties
contributed to the real accident.
310. The method of claim 305, wherein the estimate of liability is
expressed as a percentage.
311. The method of claim 305, wherein the estimate of liability is
expressed as a range of liability.
312. The method of claim 305, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
313. The method of claim 305, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
314. The method of claim 305, wherein the real set of
characteristics further comprises an impact point for the vehicle
in the real accident.
315. The method of claim 314, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
316. The method of claim 305, wherein the real set of
characteristics further comprises an impact point for the vehicle
in the real accident and one or more other vehicles in the real
accident.
317. The method of claim 316, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
318. The method of claim 305, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
319. The method of claim 318, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
320. The method of claim 305, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
321. The method of claim 305, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
322. The method of claim 305, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
323. The method of claim 305, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident.
324. The method of claim 305, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
325. The method of claim 305, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle in the
real accident.
326. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
right of way for a vehicle in the real accident, a roadway
configuration at a location of the real accident, and an impact
point of the vehicle in the real accident; wherein the computer
system is configured to access a memory, wherein the memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein the sets of
characteristics for the past or theoretical accidents comprise a
right of way for a vehicle in one of the past or theoretical
accidents, a roadway configuration at a location of the one of the
past or theoretical accidents, and an impact point of the vehicle
in the one of the past or theoretical accidents; comparing the real
set of characteristics to the sets of characteristics for the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics for the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
327. The method of claim 326, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
328. The method of claim 326, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
329. The method of claim 326, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles, and wherein determining an estimate of
liability comprises determining an estimate of liability for a
driver of at least the vehicle or the one or more other vehicles in
the real accident.
330. The method of claim 326, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least vehicle or the
one or more other vehicles in the real accident and for one or more
additional parties, wherein the one or more additional parties
contributed to the real accident.
331. The method of claim 326, wherein the estimate of liability is
expressed as a percentage.
332. The method of claim 326, wherein the estimate of liability is
expressed as a range of liability.
333. The method of claim 326, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
334. The method of claim 326, wherein the real set of
characteristics further comprises an accident type of the real
accident.
335. The method of claim 334, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
336. The method of claim 326, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
337. The method of claim 326, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
338. The method of claim 337, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
339. The method of claim 326, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
340. The method of claim 326, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
341. The method of claim 326, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
342. The method of claim 326, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident.
343. The method of claim 326, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
344. The method of claim 326, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
involved in the real accident, and wherein the computer system is
further configured to determine the right of way for the
vehicle.
345. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
right of way for a vehicle in the real accident, an accident type
of the real accident, and an impact point of the vehicle in the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein the characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in one
of the past or theoretical accidents, an accident type of the one
of the past or theoretical accidents, and an impact point of the
vehicle in the one or the past or theoretical accidents; comparing
the real set of characteristics to the sets of characteristics
relating to the past or theoretical accidents to determine a
nearest matching set of characteristics among the sets of
characteristics relating to the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
346. The method of claim 345, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
347. The method of claim 345, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
348. The method of claim 345, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles, and wherein determining an estimate of
liability comprises determining an estimate of liability for a
driver of at least the vehicle or the one or more other vehicles in
the real accident.
349. The method of claim 345, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least vehicle or the
one or more other vehicles in the real accident and for one or more
additional parties, wherein the one or more additional parties
contributed to the real accident.
350. The method of claim 345, wherein the estimate of liability is
expressed as a percentage.
351. The method of claim 345, wherein the estimate of liability is
expressed as a range of liability.
352. The method of claim 345, wherein the real set of
characteristics further comprises a roadway configuration at a
location of the real accident.
353. The method of claim 352, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
354. The method of claim 345, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
355. The method of claim 345, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
356. The method of claim 345, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
357. The method of claim 356, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
358. The method of claim 345, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
359. The method of claim 345, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
360. The method of claim 345, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
361. The method of claim 345, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the
vehicle.
362. The method of claim 345, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
363. The method of claim 345, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle.
364. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
roadway configuration at a location of the real accident of the
real accident, an accident type of the real accident, and an impact
point of a vehicle in the real accident; wherein the computer
system is configured to access a memory, wherein the memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein the sets of
characteristics for the past or theoretical accidents comprise a
roadway configuration at a location of one of the past or
theoretical accidents, an accident type of the one of the past or
theoretical accidents, and an impact point of a vehicle in the one
of the past or theoretical accidents; comparing the real set of
characteristics to the sets of characteristics for the past or
theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics for the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
365. The method of claim 364, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
366. The method of claim 364, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
367. The method of claim 364, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles, and wherein determining an estimate of
liability comprises determining an estimate of liability for a
driver of at least the vehicle or the one or more other vehicles in
the real accident.
368. The method of claim 364, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least vehicle or the
one or more other vehicles in the real accident and for one or more
additional parties, wherein the one or more additional parties
contributed to the real accident.
369. The method of claim 364, wherein the estimate of liability is
expressed as a percentage.
370. The method of claim 364, wherein the estimate of liability is
expressed as a range of liability.
371. The method of claim 364, wherein the real set of
characteristics further comprises a right of way for the vehicle in
the real accident.
372. The method of claim 364, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
373. The method of claim 364, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
374. The method of claim 364, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
375. The method of claim 364, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
376. The method of claim 375, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
377. The method of claim 364, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
378. The method of claim 364, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
379. The method of claim 364, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
380. The method of claim 364, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
in the real accident.
381. The method of claim 364, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
382. The method of claim 364, wherein the computer system is
further configured to access a different memory containing
information useful for determining a right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle in the
real accident.
383. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
right of way for a vehicle in the real accident, a roadway
configuration at a location of the real accident, an accident type
of the real accident, and an impact point of the vehicle in the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein the sets of characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in one
of the past or theoretical accidents, a roadway configuration at a
location of the one or the past or theoretical accidents, an
accident type of the one of the past or theoretical accidents, and
an impact point of the vehicle in the one of the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics for the past or theoretical accidents
to determine a nearest matching set of characteristics among the
sets of characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
384. The method of claim 383, wherein the memory comprises a
database, and wherein the sets of characteristics for the past or
theoretical accidents are stored in the database.
385. The method of claim 383, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles.
386. The method of claim 383, wherein the real accident comprises a
collision involving the vehicle in the real accident and one or
more other vehicles, and wherein determining an estimate of
liability comprises determining an estimate of liability for a
driver of at least the vehicle or the one or more other vehicles in
the real accident.
387. The method of claim 383, wherein the real accident comprises a
collision involving the vehicle and one or more other vehicles, and
wherein determining an estimate of liability comprises determining
an estimate of liability for a driver of at least vehicle or the
one or more other vehicles in the real accident and for one or more
additional parties, wherein the one or more additional parties
contributed to the real accident.
388. The method of claim 383, wherein the estimate of liability is
expressed as a percentage.
389. The method of claim 383, wherein the estimate of liability is
expressed as a range of liability.
390. The method of claim 383, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
391. The method of claim 383, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
392. The method of claim 383, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
393. The method of claim 383, wherein determining an estimate of
liability comprises determining a base liability estimate and one
or more factor estimates, the method further comprising determining
a final liability estimate based on the base liability estimate and
the one or more factor estimates.
394. The method of claim 393, wherein the one or more factor
estimates comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
395. The method of claim 383, wherein the accident further
comprises a collision of the vehicle and one or more other
vehicles, wherein the computer system is further configured to
determine at least one factor estimate, wherein the at least one
factor estimate comprise an estimate of an effect on liability of a
factor, and wherein the factor is selected from the group
consisting of a construction zone, an obstructed view or glare, a
road condition, a road character, a road defect, a defective
traffic control, visibility, alcohol, illicit drugs, prescription
drugs, driver inattention, corrective lenses, driver inexperience,
driver fatigue, driver illness, following too closely, headlights
off, speed, a sudden stop or swerve, taillights or brakelights off,
unsafe backing, failure to take evasive action, high beams, an
improper lane change, improper parking, and improper signaling.
396. The method of claim 383, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
397. The method of claim 383, wherein the estimate liability is a
range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
398. The method of claim 383, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident.
399. The method of claim 383, wherein the computer system is
further configured to access a different memory containing
information about laws in a jurisdiction applicable to the real
accident.
400. The method of claim 383, wherein the computer system is
further configured to access a different memory containing
information useful for determining the right of way for the vehicle
in the real accident, and wherein the computer system is further
configured to determine the right of way for the vehicle in the
real accident.
401. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics of a real accident,
wherein the data memory comprises sets of characteristics for past
or theoretical accidents, and wherein each of the sets of
characteristics for past or theoretical accidents is associated
with an estimate of liability; comparing the real set of
characteristics to the sets of characteristics relating to the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics relating to the
past or theoretical accidents; and determining an estimate of
liability for the real accident based on the estimate of liability
associated with the nearest matching set of characteristics.
402. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident;
wherein the data memory comprises sets of characteristics for past
or theoretical accidents associated with estimates of liability,
and wherein at least one of the sets of characteristics for the for
past or theoretical accidents comprises a right of way for a
vehicle in one of the past or theoretical accidents; comparing the
real set of characteristics to the sets of characteristics relating
to the past or theoretical accidents to determine a nearest
matching set of characteristics among the sets of characteristics
relating to the past or theoretical accidents; and determining an
estimate of liability for the real accident based on the estimate
of liability associated with the nearest matching set of
characteristics.
403. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a roadway configuration at a location of the real
accident; wherein the data memory comprises sets of characteristics
for past or theoretical accidents associated with estimates of
liability, and wherein at least one of the sets of characteristics
for the for past or theoretical accidents comprises a roadway
configuration at a location of one of the past or theoretical
accidents; comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
404. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises an accident type of the real accident; wherein the data
memory comprises sets of characteristics for past or theoretical
accidents associated with estimates of liability, and wherein at
least one of the sets of characteristics for the for past or
theoretical accidents comprises an accident type of one of the past
or theoretical accidents; comparing the real set of characteristics
to the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
405. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises an impact point for a vehicle involved in the real
accident; wherein the data memory comprises sets of characteristics
for past or theoretical accidents associated with estimates of
liability, and wherein at least one of the sets of characteristics
for the for past or theoretical accidents comprises an impact point
for a vehicle in the one past or theoretical accident; comparing
the real set of characteristics to the sets of characteristics
relating to the past or theoretical accidents to determine a
nearest matching set of characteristics among the sets of
characteristics relating to the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
406. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident and a
roadway configuration at the location of the real accident; wherein
the data memory comprises sets of characteristics for past or
theoretical accidents associated with estimates of liability, and
wherein at least one of the sets of characteristics for the for
past or theoretical accidents comprises a right of way for a
vehicle in the one of the past or theoretical accidents and a
roadway configuration at the location of the one past or
theoretical accident; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
407. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident and an
accident type of the real accident; wherein the data memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the sets of characteristics for the for past or theoretical
accidents comprises a right of way for a vehicle in one of the past
or theoretical accidents and an accident type of the one past or
theoretical accident; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
408. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident and an
impact point of the vehicle in the real accident; wherein the data
memory comprises sets of characteristics for past or theoretical
accidents associated with estimates of liability, and wherein at
least one of the sets of characteristics for the for past or
theoretical accidents comprises a right of way for a vehicle in one
of the past or theoretical accidents and an impact point of the
vehicle in the one past or theoretical accident; comparing the real
set of characteristics to the sets of characteristics relating to
the past or theoretical accidents to determine a nearest matching
set of characteristics among the sets of characteristics relating
to the past or theoretical accidents; and determining an estimate
of liability for the real accident based on the estimate of
liability associated with the nearest matching set of
characteristics.
409. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a roadway configuration at a location of the real
accident and an accident type of the real accident; wherein the
data memory comprises sets of characteristics for past or
theoretical accidents associated with estimates of liability, and
wherein at least one of the sets of characteristics for the for
past or theoretical accidents comprises a roadway configuration at
a location of one of the past or theoretical accidents and an
accident type of the one past of theoretical accident; comparing
the real set of characteristics to the sets of characteristics
relating to the past or theoretical accidents to determine a
nearest matching set of characteristics among the sets of
characteristics relating to the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
410. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a roadway configuration at a location of the real
accident and an impact point of a vehicle in the real accident;
wherein the data memory comprises sets of characteristics for past
or theoretical accidents associated with estimates of liability,
and wherein at least one of the sets of characteristics for the for
past or theoretical accidents comprises a roadway configuration at
a location of one of the past or theoretical accidents and an
impact point of a vehicle in the one past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
411. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises an accident type of the real accident and an impact point
of a vehicle in the real accident; wherein the data memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the sets of characteristics for the for past or theoretical
accidents comprises an accident type of one of the past or
theoretical accidents and an impact point of a vehicle in the one
past or theoretical accident; comparing the real set of
characteristics to the sets of characteristics relating to the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics relating to the
past or theoretical accidents; and determining an estimate of
liability for the real accident based on the estimate of liability
associated with the nearest matching set of characteristics.
412. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration at a location of the real accident, and an
accident type of the real accident; wherein the data memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the sets of characteristics for the for past or theoretical
accidents comprises a right of way for a vehicle in one of the past
or theoretical accidents, a roadway configuration at a location of
the one of the past or theoretical accidents, and an accident type
of the one of the past or theoretical accidents; comparing the real
set of characteristics to the sets of characteristics relating to
the past or theoretical accidents to determine a nearest matching
set of characteristics among the sets of characteristics relating
to the past or theoretical accidents; and determining an estimate
of liability for the real accident based on the estimate of
liability associated with the nearest matching set of
characteristics.
413. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration at a location of the real accident, and an
impact point of the vehicle in the real accident; wherein the data
memory comprises sets of characteristics for past or theoretical
accidents associated with estimates of liability, and wherein at
least one of the sets of characteristics for the for past or
theoretical accidents comprises a right of way for a vehicle in one
of the past or theoretical accidents, a roadway configuration at a
location of the one of the past or theoretical accidents, and an
impact point of the vehicle in the one of the past or theoretical
accidents; comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
414. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident, an
impact point of the vehicle in the real accident, and an accident
type of the real accident; wherein the data memory comprises sets
of characteristics for past or theoretical accidents associated
with estimates of liability, and wherein at least one of the sets
of characteristics for the for past or theoretical accidents
comprises a right of way for a vehicle in one of the past or
theoretical accidents, an impact point of the vehicle in the one of
the past or theoretical accidents, and an accident type of the one
of the past or theoretical accidents; comparing the real set of
characteristics to the sets of characteristics relating to the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics relating to the
past or theoretical accidents; and determining an estimate of
liability for the real accident based on the estimate of liability
associated with the nearest matching set of characteristics.
415. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a roadway configuration at a location of the real
accident, an impact point of a vehicle in the real accident, and an
accident type of the real accident; wherein the data memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the sets of characteristics for the for past or theoretical
accidents comprises a roadway configuration at a location of the
one of the past or theoretical accidents, an impact point of a
vehicle in the one of the past or theoretical accidents, and an
accident type of the one of the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
416. A system configured to estimate liability, comprising: a CPU;
a data memory coupled to the CPU; and a system memory coupled to
the CPU, wherein the system memory is configured to store one or
more computer programs executable by the CPU, and wherein the
computer programs are executable to implement a method for
estimating liability, the method comprising: providing to the
computer system a real set of characteristics relating to a real
accident, wherein at least one of the real set of characteristics
comprises a right of way for a vehicle in the real accident, a
roadway configuration at a location of the real accident, an impact
point of the vehicle in the real accident, and an accident type of
the real accident; wherein the data memory comprises sets of
characteristics for past or theoretical accidents associated with
estimates of liability, and wherein at least one of the sets of
characteristics for the for past or theoretical accidents comprises
a right of way for a vehicle in one of the past or theoretical
accidents, a roadway configuration at a location of the one of the
past or theoretical accidents, an impact point of the vehicle in
the one of the past or theoretical accidents, and an accident type
of the one of the past or theoretical accidents; comparing the real
set of characteristics to the sets of characteristics relating to
the past or theoretical accidents to determine a nearest matching
set of characteristics among the sets of characteristics relating
to the past or theoretical accidents; and determining an estimate
of liability for the real accident based on the estimate of
liability associated with the nearest matching set of
characteristics.
417. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics of a
real accident; wherein the computer system is configured to access
a memory, and wherein the memory comprises sets of characteristics
for past or theoretical accidents associated with estimates of
liability; comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
418. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises a right of way for a vehicle in the
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least one of the sets of characteristics
for the past or theoretical accidents comprises a right of way for
a vehicle in the past or theoretical accidents; comparing the real
set of characteristics to the sets of characteristics relating to
the past or theoretical accidents to determine a nearest matching
set of characteristics among the sets of characteristics relating
to the past or theoretical accidents; and determining an estimate
of liability for the real accident based on the estimate of
liability associated with the nearest matching set of
characteristics.
419. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises a roadway configuration at the
location of the real vehicle accident; wherein the computer system
is configured to access a memory, wherein the memory comprises sets
of characteristics for past or theoretical accidents associated
with estimates of liability, and wherein at least one of the sets
of characteristics for the past or theoretical accidents comprises
a roadway configuration at the location of one of the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
420. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises an accident type; wherein the computer
system is configured to access a memory, wherein the memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the sets of characteristics for the past or theoretical accidents
comprises an accident type of the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
421. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least one of the real set
of characteristics comprises an impact point for a vehicle involved
in the real accident; wherein the computer system is configured to
access a memory, wherein the memory comprises sets of
characteristics for past or theoretical accidents associated with
estimates of liability, and wherein at least one of the sets of
characteristics for the past or theoretical accidents comprises an
impact point for a vehicle involved in one of the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
422. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the set of
real characteristics comprise a right of way for a vehicle in the
real accident and a roadway configuration at the location of the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least two of the sets of characteristics
for the past or theoretical accidents comprise a right of way for a
vehicle in one of the past or theoretical accidents and a roadway
configuration at the location of the past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
423. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a right of way for a vehicle in the
real accident and an accident type of the real accident; wherein
the computer system is configured to access a memory, wherein the
memory comprises sets of characteristics for past or theoretical
accidents associated with estimates of liability, and wherein at
least two of the sets of characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in the
past or theoretical accident and an accident type of the past or
theoretical accident; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
424. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a right of way for a vehicle in the
real accident and an impact point of the vehicle in the real
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least two of the sets of characteristics
for the past or theoretical accidents comprise a right of way for a
vehicle in one of the past or theoretical accidents and an impact
points of the vehicle in the one past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
425. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a roadway configuration at a location
of the real accident and an accident type of the real accident;
wherein the computer system is configured to access a memory,
wherein the memory comprises sets of characteristics for past or
theoretical accidents associated with estimates of liability, and
wherein at least two of the sets of characteristics comprise a
roadway configuration at a location of one of the past or
theoretical accidents and an accident type of the past or
theoretical accident; comparing the real set of characteristics to
the sets of characteristics relating to the past or theoretical
accidents to determine a nearest matching set of characteristics
among the sets of characteristics relating to the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
426. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics
relating to a real accident, wherein at least two of the real set
of characteristics comprise a roadway configuration at a location
of the real accident and an impact points of a vehicle in the real
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with an estimate of
liability, and wherein at least two of the characteristics for the
past or theoretical accidents comprises a roadway configuration at
a location of one of the past or theoretical accidents and an
impact point of a vehicle in the one past or theoretical accident;
comparing the real set of characteristics to the sets of
characteristics relating to the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics relating to the past or theoretical accidents;
and determining an estimate of liability for the real accident
based on the estimate of liability associated with the nearest
matching set of characteristics.
427. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises an
accident type of the real accident and an impact point of a vehicle
in the real accident; wherein the computer system is configured to
access a memory, wherein the memory comprises sets of
characteristics for past or theoretical accidents associated with
estimates of liability, and wherein the sets of characteristics of
the past or theoretical accidents comprise an accident type of one
of the past or theoretical accidents and an impact point of a
vehicle in the one past or theoretical accident; comparing the real
set of characteristics to the sets of characteristics for the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics relating to the
past or theoretical accidents; and determining an estimate of
liability for the real accident based on the estimate of liability
associated with the nearest matching set of characteristics.
428. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics a real
accident, wherein the real set of characteristics comprises a right
of way for a vehicle in the real accident, a roadway configuration
at a location of the real accident, and an accident type of the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein the sets of characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in one
of the past or theoretical accidents, a roadway configuration at a
location of the one of the past or theoretical accidents, and an
accident type of the one of the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics for the past or theoretical accidents to determine
a nearest matching set of characteristics among the sets of
characteristics relating to the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
429. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
right of way for a vehicle in the real accident, a roadway
configuration at a location of the real accident, and an impact
point of the vehicle in the real accident; wherein the computer
system is configured to access a memory, wherein the memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein the sets of
characteristics for the past or theoretical accidents comprise a
right of way for a vehicle in one of the past or theoretical
accidents, a roadway configuration at a location of the one of the
past or theoretical accidents, and an impact point of the vehicle
in the one of the past or theoretical accidents; comparing the real
set of characteristics to the sets of characteristics for the past
or theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics for the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
430. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
right of way for a vehicle in the real accident, an accident type
of the real accident, and an impact point of the vehicle in the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein the characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in one
of the past or theoretical accidents, an accident type of the one
of the past or theoretical accidents, and an impact point of the
vehicle in the one or the past or theoretical accidents; comparing
the real set of characteristics to the sets of characteristics
relating to the past or theoretical accidents to determine a
nearest matching set of characteristics among the sets of
characteristics relating to the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
431. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
roadway configuration at a location of the real accident of the
real accident, an accident type of the real accident, and an impact
point of a vehicle in the real accident; wherein the computer
system is configured to access a memory, wherein the memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein the sets of
characteristics for the past or theoretical accidents comprise a
roadway configuration at a location of one of the past or
theoretical accidents, an accident type of the one of the past or
theoretical accidents, and an impact point of a vehicle in the one
of the past or theoretical accidents; comparing the real set of
characteristics to the sets of characteristics for the past or
theoretical accidents to determine a nearest matching set of
characteristics among the sets of characteristics for the past or
theoretical accidents; and determining an estimate of liability for
the real accident based on the estimate of liability associated
with the nearest matching set of characteristics.
432. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for an accident, the method comprising:
providing to a computer system a real set of characteristics of a
real accident, wherein the real set of characteristics comprises a
right of way for a vehicle in the real accident, a roadway
configuration at a location of the real accident, an accident type
of the real accident, and an impact point of the vehicle in the
real accident; wherein the computer system is configured to access
a memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein the sets of characteristics for the past or
theoretical accidents comprise a right of way for a vehicle in one
of the past or theoretical accidents, a roadway configuration at a
location of the one or the past or theoretical accidents, an
accident type of the one of the past or theoretical accidents, and
an impact point of the vehicle in the one of the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics for the past or theoretical accidents
to determine a nearest matching set of characteristics among the
sets of characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of liability associated with the nearest matching set
of characteristics.
433. A method of estimating liability for an accident, comprising:
providing to a computer system a real set of characteristics of a
real accident; wherein the computer system is configured to access
a memory, and wherein the memory comprises sets of characteristics
for past or theoretical accidents; determining a theoretical right
of way in the real accident from at least one characteristic of the
real set of characteristics; and wherein the computer system is
further configured to correlate the theoretical right of way and
the real set of characteristics to a right of way for the past or
theoretical accidents and the sets of characteristics for the past
or theoretical accidents and to estimate a base liability for the
real accident based on a correlation of the computer system.
434. The method of claim 433, wherein the real set of
characteristics comprises a roadway configuration of the real
accident.
435. The method of claim 434, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
436. The method of claim 433, wherein the real set of
characteristics comprises an accident type of the real
accident.
437. The method of claim 436, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
438. The method of claim 433, wherein the real set of
characteristics comprises an impact point for a vehicle in the real
accident.
439. The method of claim 438, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
440. The method of claim 433, wherein the real set of
characteristics comprises a traffic control.
441. The method of claim 433, wherein the real set of
characteristics comprises a traffic control, and wherein the
traffic control is selected from the group consisting of a red
light, a yellow light, a green light, a left turn arrow, a right
turn arrow, a stop sign, a yield sign, a flashing red light, a
flashing yellow light, a police officer signaling stop, a police
officer signaling proceed, a crossing guard signaling proceed, a
crossing guard signaling stop, a flagger signaling proceed, a
flagger signaling stop, another person signaling proceed, another
person signaling stop, an emergency vehicle, and a school bus.
442. The method of claim 433, wherein the at least one
characteristic comprises an accident type of the real accident.
443. The method of claim 442, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
444. The method of claim 433, wherein the at least one
characteristic comprises a traffic control.
445. The method of claim 444, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
446. The method of claim 433, wherein the real characteristics used
by the computer system to determine a theoretical right of way in
the vehicle accident comprise at least an accident type.
447. The method of claim 446, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
448. The method of claim 433, wherein the at least one
characteristic comprises a jurisdiction.
449. The method of claim 433, wherein the at least one
characteristic comprises a jurisdiction, and wherein the
jurisdiction comprises a state or a territory of the United
States.
450. The method of claim 433, wherein the at least one
characteristic comprises a traffic control and an accident
type.
451. The method of claim 433, wherein the at least one
characteristic comprises a traffic control and an accident type,
and wherein the traffic control is selected from the group
consisting of a red light, a yellow light, a green light, a left
turn arrow, a right turn arrow, a stop sign, a yield sign, a
flashing red light, a flashing yellow light, a police officer
signaling stop, a police officer signaling proceed, a crossing
guard signaling proceed, a crossing guard signaling stop, a flagger
signaling proceed, a flagger signaling stop, another person
signaling proceed, another person signaling stop, an emergency
vehicle, and a school bus.
452. The method of claim 433, wherein the at least one
characteristic comprises a traffic control and an accident type,
and wherein the accident type is selected from the group consisting
of a rear ender, a left turn crossing traffic, a left turn across
traffic, a left turn entering traffic, a right turn entering
traffic, dual turns to same lane, concurrent left turns, a U-turn,
a parked vehicle merging into traffic from right, a parked vehicle
merging into traffic from left, a merge from left, a merge from
right, concurrent merges to a single lane, a collision with a
parked vehicle, a collision while backing, a head on, and a
straight cross traffic collision.
453. The method of claim 433, wherein the at least one
characteristic comprises at least a traffic control and a
jurisdiction.
454. The method of claim 433, wherein the at least one
characteristic comprises at least a traffic control and a
jurisdiction, and wherein the jurisdiction comprises a state or a
territory of the United States.
455. The method of claim 433, wherein the at least one
characteristic comprises at least a traffic control and a
jurisdiction, and wherein the traffic control is selected from the
group consisting of a red light, a yellow light, a green light, a
left turn arrow, a right turn arrow, a stop sign, a yield sign, a
flashing red light, a flashing yellow light, a police officer
signaling stop, a police officer signaling proceed, a crossing
guard signaling proceed, a crossing guard signaling stop, a flagger
signaling proceed, a flagger signaling stop, another person
signaling proceed, another person signaling stop, an emergency
vehicle, and a school bus.
456. The method of claim 433, wherein the at least one
characteristic comprises an accident type and a jurisdiction.
457. The method of claim 433, wherein the at least one
characteristic comprises an accident type and a jurisdiction, and
wherein the jurisdiction comprises a state or territory of the
United States.
458. The method of claim 433, wherein the at least one
characteristic comprises an accident type and a jurisdiction, and
wherein the accident type is selected from the group consisting of
a rear ender, a left turn crossing traffic, a left turn across
traffic, a left turn entering traffic, a right turn entering
traffic, dual turns to same lane, concurrent left turns, a U-turn,
a parked vehicle merging into traffic from right, a parked vehicle
merging into traffic from left, a merge from left, a merge from
right, concurrent merges to a single lane, a collision with a
parked vehicle, a collision while backing, a head on, and a
straight cross traffic collision.
459. The method of claim 433, wherein the at least one
characteristic comprises a right of way and at least a roadway
configuration.
460. The method of claim 433, wherein the at least one
characteristic comprises a right of way and at least a roadway
configuration, and wherein the roadway configuration is selected
from the group consisting of two or more lane road, a divided road
with a median that can be crossed, four-way intersection, T-angle
intersection with a T-angle that may vary, the merging of one
roadway into another with no turns and in one direction, curve,
parking lot with two-way traffic, parking lot with one way traffic,
center turn lane, and two or more lane road divided by a physical
barrier.
461. The method of claim 433, wherein the at least one
characteristic comprises a right of way and at least an accident
type.
462. The method of claim 433, wherein the at least one
characteristic comprises a right of way and at least an accident
type, and wherein the accident type is selected from the group
consisting of a rear ender, a left turn crossing traffic, a left
turn across traffic, a left turn entering traffic, a right turn
entering traffic, dual turns to same lane, concurrent left turns, a
U-turn, a parked vehicle merging into traffic from right, a parked
vehicle merging into traffic from left, a merge from left, a merge
from right, concurrent merges to a single lane, a collision with a
parked vehicle, a collision while backing, a head on, and a
straight cross traffic collision.
463. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least an accident type.
464. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least an accident type, and wherein
the accident type is selected from the group consisting of a rear
ender, a left turn crossing traffic, a left turn across traffic, a
left turn entering traffic, a right turn entering traffic, dual
turns to same lane, concurrent left turns, a U-turn, a parked
vehicle merging into traffic from right, a parked vehicle merging
into traffic from left, a merge from left, a merge from right,
concurrent merges to a single lane, a collision with a parked
vehicle, a collision while backing, a head on, and a straight cross
traffic collision.
465. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least impact points of each vehicle
involved in the real accident.
466. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least impact points of each vehicle
involved in the real accident, and wherein each of the impact
points comprises one of the following: right front corner, right
front fender, right middle, right rear quarter-panel, right rear
corner, rear middle, left rear corner, left rear quarter-panel,
left middle, left front fender, left front corner, and front
middle.
467. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least a roadway configuration and
an accident type.
468. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least a roadway configuration and
an accident type, and wherein the roadway configuration is selected
from the group consisting of two or more lane road, a divided road
with a median that can be crossed, four-way intersection, T-angle
intersection with a T-angle that may vary, the merging of one
roadway into another with no turns and in one direction, curve,
parking lot with two-way traffic, parking lot with one way traffic,
center turn lane, and two or more lane road divided by a physical
barrier.
469. The method of claim 433, wherein at least one characteristic
comprises a right of way and at least a roadway configuration and
an accident type, and wherein the accident type is selected from
the group consisting of a rear ender, a left turn crossing traffic,
a left turn across traffic, a left turn entering traffic, a right
turn entering traffic, dual turns to same lane, concurrent left
turns, a U-turn, a parked vehicle merging into traffic from right,
a parked vehicle merging into traffic from left, a merge from left,
a merge from right, concurrent merges to a single lane, a collision
with a parked vehicle, a collision while backing, a head on, and a
straight cross traffic collision.
470. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, and an impact
point of a vehicle in the real accident.
471. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, and an impact
point of a vehicle in the real accident, and wherein the roadway
configuration is selected from the group consisting of two or more
lane road, a divided road with a median that can be crossed,
four-way intersection, T-angle intersection with a T-angle that may
vary, the merging of one roadway into another with no turns and in
one direction, curve, parking lot with two-way traffic, parking lot
with one way traffic, center turn lane, and two or more lane road
divided by a physical barrier.
472. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, and an impact
point of a vehicle in the real accident, and wherein each of the
impact points is selected from the group consisting of right front
corner, right front fender, right middle, right rear quarter-panel,
right rear corner, rear middle, left rear corner, left rear
quarter-panel, left middle, left front fender, left front corner,
and front middle.
473. The method of claim 433, wherein at least one characteristic
comprises a right of way, an accident type, and an impact point of
a vehicle in the real accident.
474. The method of claim 433, wherein at least one characteristic
comprises a right of way, an accident type, and an impact point of
a vehicle in the real accident, and wherein the accident type is
selected from the group consisting of a rear ender, a left turn
crossing traffic, a left turn across traffic, a left turn entering
traffic, a right turn entering traffic, dual turns to same lane,
concurrent left turns, a U-turn, a parked vehicle merging into
traffic from right, a parked vehicle merging into traffic from
left, a merge from left, a merge from right, concurrent merges to a
single lane, a collision with a parked vehicle, a collision while
backing, a head on, and a straight cross traffic collision.
475. The method of claim 433, wherein at least one characteristic
comprises a right of way, an accident type, and an impact point of
a vehicle in the real accident, and wherein the impact point is
selected from the group consisting of right front corner, right
front fender, right middle, right rear quarter-panel, right rear
corner, rear middle, left rear corner, left rear quarter-panel,
left middle, left front fender, left front corner, and front
middle.
476. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, an accident
type, and an impact point of a vehicle in the real accident.
477. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, an accident
type, and an impact point of a vehicle in the real accident, and
wherein the roadway configuration is selected from the group
consisting of two or more lane road, a divided road with a median
that can be crossed, four-way intersection, T-angle intersection
with a T-angle that may vary, the merging of one roadway into
another with no turns and in one direction, curve, parking lot with
two-way traffic, parking lot with one way traffic, center turn
lane, and two or more lane road divided by a physical barrier.
478. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, an accident
type, and an impact point of a vehicle in the real accident, and
wherein the accident type is selected from the group consisting of
a rear ender, a left turn crossing traffic, a left turn across
traffic, a left turn entering traffic, a right turn entering
traffic, dual turns to same lane, concurrent left turns, a U-turn,
a parked vehicle merging into traffic from right, a parked vehicle
merging into traffic from left, a merge from left, a merge from
right, concurrent merges to a single lane, a collision with a
parked vehicle, a collision while backing, a head on, and a
straight cross traffic collision.
479. The method of claim 433, wherein at least one characteristic
comprises a right of way, a roadway configuration, an accident
type, and an impact point of a vehicle in the real accident, and
wherein the impact point is selected from the group consisting of
right front corner, right front fender, right middle, right rear
quarter-panel, right rear corner, rear middle, left rear corner,
left rear quarter-panel, left middle, left front fender, left front
corner, and front middle.
480. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: providing to the computer system
a real set of characteristics of a real vehicle accident; wherein
the data memory comprises sets of characteristics for past or
theoretical accidents; determining a theoretical right of way in
the real accident from at least one characteristic of the real set
of characteristics; and correlating the theoretical right of way
and the real set of characteristics to a right of way for the past
or theoretical accidents and the sets of characteristics for the
past or theoretical accidents to estimate a base liability for the
real accident.
481. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for a vehicle accident, the method
comprising: providing to a computer system a real set of
characteristics of a real accident; wherein the computer system is
configured to access a memory, and wherein the memory comprises
sets of characteristics for past or theoretical accidents;
determining a theoretical right of way in the real accident from at
least one characteristic of the real set of characteristics; and
wherein the computer system is further configured to correlate the
theoretical right of way and the real set of characteristics to a
right of way for the past or theoretical accidents and the sets of
characteristics for the past or theoretical accidents and to
estimate a base liability for the real accident based on a
correlation of the computer system.
482. A method of estimating liability for a vehicle accident,
comprising: estimating a base liability of a party in a vehicle
accident with a computer system; estimating an effect of one or
more factors on the base liability of the party with the computer
system; and determining an estimate of liability of the party with
the estimated of base liability and the estimated effect of the one
or more factors on the base liability.
483. The method of claim 482, wherein the base liability is a
portion of the liability independent of the one or more factors,
and wherein the one or more factors are specific to conditions of
vehicles in the vehicle accident, conditions of drivers in the
vehicle accident, actions of drivers in the vehicle accident, or
environmental conditions common to vehicles in the vehicle
accident.
484. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident.
485. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident.
486. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
roadway configuration at the location of the vehicle accident.
487. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, wherein the at least one characteristic comprises a
roadway configuration at the location of the vehicle accident, and
wherein the roadway configuration is selected from the group
consisting of a two or more lane road, a divided road with a median
that can be crossed, a four-way intersection, a T-angle
intersection, a merging of one roadway into another, a curve, a
parking lot with two-way traffic, a parking lot with one way
traffic, a center turn lane, and a two or more lane road divided by
a physical barrier.
488. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises an
accident type of the vehicle accident.
489. The method of claim 488, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
490. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises an
impact point of a vehicle in the vehicle accident.
491. The method of claim 490, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
492. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident and a roadway
configuration at a location of the vehicle accident.
493. The method of claim 492, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
494. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident and an accident
type of the vehicle accident.
495. The method of claim 494, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
496. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident and an impact
point of a vehicle in the vehicle accident.
497. The method of claim 496, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
498. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
roadway configuration at a location of the vehicle accident and an
accident type of the vehicle accident.
499. The method of claim 498, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
500. The method of claim 498, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
501. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
roadway configuration at a location of the vehicle accident and a
impact point of a vehicle in the vehicle accident.
502. The method of claim 501, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
503. The method of claim 501, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
504. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises an
accident type of the vehicle accident and an impact point of a
vehicle in the vehicle accident.
505. The method of claim 504, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
506. The method of claim 504, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
507. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident, a roadway
configuration at a location of the vehicle accident, and an
accident type of the vehicle accident.
508. The method of claim 507, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
509. The method of claim 507, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
510. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident, a roadway
configuration at a location of the vehicle accident, and an impact
point of a vehicle in the vehicle accident.
511. The method of claim 510, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
512. The method of claim 510, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
513. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident, an accident
type of the vehicle accident, and an impact point of a vehicle in
the vehicle accident.
514. The method of claim 513, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
515. The method of claim 513, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
516. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
roadway configuration at a location of the vehicle accident, an
accident type of the vehicle accident, and an impact point of a
vehicle in the vehicle accident.
517. The method of claim 516, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
518. The method of claim 516, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
519. The method of claim 516, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
520. The method of claim 482, wherein estimating the base liability
comprises estimating the base liability from at least one
characteristic of a real set of characteristics of the vehicle
accident, and wherein the at least one characteristic comprises a
right of way for a vehicle in the vehicle accident, a roadway
configuration at a location of the vehicle accident, an accident
type of the vehicle accident, and an impact point of a vehicle in
the vehicle accident.
521. The method of claim 520, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
522. The method of claim 520, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
523. The method of claim 520, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
524. The method of claim 482, wherein the one or more factors are
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
525. The method of claim 482, further comprising adjusting the one
or more factors with a situational weight.
526. The method of claim 482, further comprising adjusting the one
or more factors with a situational weight, and estimating the
situational weight from circumstances relating to the vehicle
accident.
527. The method of claim 482, further comprising adjusting the one
or more factors with a situational weight, and estimating the
situational weight from knowledge obtained from experienced claims
adjusters.
528. The method of claim 482, further comprising adjusting the one
or more factors with a ranking factor.
529. The method of claim 482, further comprising adjusting a sum of
the one or more factors with a factor influence.
530. The method of claim 482, wherein liability is a range, and
wherein the range is estimated by a range radius.
531. The method of claim 482, wherein liability is a range, wherein
the range is estimated by a range radius, and wherein the range
radius is adjusted by a snap-to radius.
532. A system for estimating liability, comprising: a CPU; and a
system memory coupled to the CPU, wherein the system memory is
configured to store one or more computer programs executable by the
CPU, and wherein the computer programs are executable to implement
a method for estimating liability, the method comprising:
estimating a base liability of a party in a vehicle accident;
estimating an effect of one or more factors on the base liability
of the party; and determining an estimate of liability of the party
with the estimated base liability and the estimated effect of the
one or more factors on the base liability.
533. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
for estimating liability for a vehicle accident, the method
comprising: estimating a base liability of a party in a vehicle
accident with a computer system; estimating an effect of one or
more factors on the base liability of the party with the computer
system; and determining an estimate of liability of the party with
the estimated of base liability and the estimated effect of the one
or more factors on the base liability.
534. A method of estimating liability and a range of liability for
a vehicle accident, comprising: estimating a base liability of a
party in a vehicle accident, a lower bound of liability of the
party, and an upper bound of liability of the party with a computer
system; estimating an effect of one or more factors on the base
liability of the party with a computer system; and wherein the one
or more factors depend upon conditions of vehicles in the vehicle
accident, conditions of drivers in the vehicle accident, actions of
drivers in the vehicle accident, or environmental conditions common
to vehicles in the vehicle accident.
535. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident.
536. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident.
537. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a roadway configuration at a location
of the vehicle accident.
538. The method of claim 537, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
539. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises an accident type of the vehicle
accident.
540. The method of claim 539, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
541. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises an impact point of one of the vehicles
in the vehicle accident.
542. The method of claim 541, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
543. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident and a roadway configuration at a location
of the vehicle accident.
544. The method of claim 543, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
545. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident and an accident type of the vehicle
accident.
546. The method of claim 545, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
547. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident and an impact point of one of the vehicles
in the vehicle accident.
548. The method of claim 547, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
549. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a roadway configuration at a location
of the vehicle accident and an accident type of the vehicle
accident.
550. The method of claim 549, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
551. The method of claim 549, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
552. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a roadway configuration at a location
of the vehicle accident and an impact point of one of the vehicles
in the vehicle accident.
553. The method of claim 552, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
554. The method of claim 552, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
555. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises an accident type of the vehicle
accident and an impact point of one of the vehicles in the vehicle
accident.
556. The method of claim 555, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
557. The method of claim 555, wherein the impact points is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
558. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the
vehicles, a roadway configuration at a location of the vehicle
accident, and an accident type of the vehicle accident.
559. The method of claim 558, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
560. The method of claim 558, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
561. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident, a roadway configuration at a location of
the vehicle accident, and an impact point of one of the vehicles in
the vehicle accident.
562. The method of claim 561, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
563. The method of claim 561, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
564. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident, an accident type of the vehicle accident,
and an impact point of one of the vehicles in the vehicle
accident.
565. The method of claim 564, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
566. The method of claim 564, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
567. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a roadway configuration at a location
of the vehicle accident, an accident type of the vehicle accident,
and an impact point of one of the vehicles in the vehicle
accident.
568. The method of claim 567, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
569. The method of claim 567, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
570. The method of claim 567, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
571. The method of claim 534, wherein the base liability is
estimated by at least one characteristic of a real set of
characteristics of the vehicle accident, and wherein the at least
one characteristic comprises a right of way for one of the vehicles
in the vehicle accident, a roadway configuration at a location of
the vehicle accident, an accident type of the vehicle accident, and
an impact point of one of the vehicles in the vehicle accident.
572. The method of claim 571, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
573. The method of claim 571, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
574. The method of claim 571, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
575. The method of claim 534, wherein the one or more factors are
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
576. The method of claim 534, further comprising adjusting the one
or more factors with a situational weight.
577. The method of claim 534, estimating a situational weight from
circumstances relating to the vehicle accident, and adjusting the
one or more factors with the situational weight.
578. The method of claim 534, estimating a situational weight from
knowledge obtained from experienced claims adjusters, and adjusting
the one or more factors with the situational weight.
579. The method of claim 534, further comprising adjusting the one
or more factors with a ranking factor.
580. The method of claim 534, further comprising adjusting a sum of
the one or more factors with a factor influence.
581. A system for estimating liability comprising: a CPU; and a
system memory coupled to the CPU, wherein the system memory is
configured to store one or more computer programs executable by the
CPU, and wherein the computer programs are executable to implement
a method for estimating liability, the method comprising:
estimating a base liability of a party in a vehicle accident, a
lower bound of liability of the party, and an upper bound of
liability of the party; estimating an effect of one or more factors
on the liability; and wherein the one or more factors depend upon
conditions of vehicles in the vehicle accident, conditions of
drivers in the vehicle accident, actions of drivers in the vehicle
accident, or environmental conditions common to vehicles in the
vehicle accident.
582. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
of estimating liability and a range of liability for a vehicle
accident, the method comprising: estimating a base liability of a
party in a vehicle accident, a lower bound of liability of the
party, and an upper bound of liability of the party with a computer
system; estimating an effect of one or more factors on the base
liability of the party with a computer system; and wherein the one
or more factors depend upon conditions of vehicles in the vehicle
accident, conditions of drivers in the vehicle accident, actions of
drivers in the vehicle accident, or environmental conditions common
to vehicles in the vehicle accident.
583. A method of determining right of way in a vehicle accident,
comprising: providing to a computer system a real set of
characteristics of to a real accident; wherein the computer system
is configured to access a memory, wherein the memory comprises sets
of characteristics for past or theoretical accidents, and wherein a
determination of a right of way is associated with one or more of
the sets of characteristics for the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics for the past or theoretical accidents to determine
a nearest matching set of characteristics among the sets of
characteristics for the past or theoretical accidents; and
determining a right of way for the real accident based on the
determination of the right of way associated with the nearest
matching set of characteristics.
584. The method of claim 583, wherein the real accident comprises a
two vehicle accident.
585. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident.
586. The method of claim 585, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
587. The method of claim 583, wherein the real set of
characteristics comprises an accident type of the real
accident.
588. The method of claim 587, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
589. The method of claim 583, wherein the real set of
characteristics comprises a traffic control.
590. The method of claim 589, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
591. The method of claim 583, wherein the real set of
characteristics comprises a jurisdiction.
592. The method of claim 591, wherein the jurisdiction comprises a
state or a territory of the United States.
593. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident and an accident type of the real accident.
594. The method of claim 593, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
595. The method of claim 593, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
596. The method of claim 583, wherein at least two of the real set
of characteristics comprise a roadway configuration at a location
of the real accident and a traffic control.
597. The method of claim 596, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
598. The method of claim 596, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
599. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident and a jurisdiction.
600. The method of claim 599, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
601. The method of claim 599, wherein the jurisdiction comprises a
state or a territory of the United States.
602. The method of claim 583, wherein the real set of
characteristics comprises an accident type of the real accident and
a traffic control.
603. The method of claim 602, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
604. The method of claim 602, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
605. The method of claim 583, wherein the real set of
characteristics comprises an accident type of the real accident and
a jurisdiction.
606. The method of claim 605, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
607. The method of claim 605, wherein the jurisdiction comprises a
state or a territory of the United States.
608. The method of claim 583, wherein the real set of
characteristics comprises a traffic control and a jurisdiction.
609. The method of claim 608, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
610. The method of claim 608, wherein the jurisdiction comprises a
state or a territory of the United States.
611. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident, an accident type of the real accident, and a
traffic control.
612. The method of claim 611, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
613. The method of claim 611, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
614. The method of claim 611, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
615. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident, an accident type of the real accident, and a
jurisdiction.
616. The method of claim 615, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
617. The method of claim 615, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
618. The method of claim 615, wherein the jurisdiction comprises a
state or a territory of the United States.
619. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident, a traffic control, and a jurisdiction.
620. The method of claim 619, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
621. The method of claim 619, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
622. The method of claim 619, wherein the jurisdiction comprises a
state or a territory of the United States.
623. The method of claim 583, wherein the real set of
characteristics comprises an accident type of the real accident, a
traffic control, and a jurisdiction.
624. The method of claim 623, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
625. The method of claim 623, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
626. The method of claim 623, wherein the jurisdiction comprises a
state or a territory of the United States.
627. The method of claim 583, wherein the real set of
characteristics comprises a roadway configuration at a location of
the real accident, an accident type of the real accident, a traffic
control, and a jurisdiction.
628. The method of claim 627, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
629. The method of claim 627, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
630. The method of claim 627, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
631. The method of claim 627, wherein the jurisdiction comprises a
state or a territory of the United States.
632. A system of determining right of way in a vehicle accident,
comprising: a CPU; a data memory coupled to the CPU; and a system
memory coupled to the CPU, wherein the system memory is configured
to store one or more computer programs executable by the CPU, and
wherein the computer programs are executable to implement a method
for estimating liability, the method comprising: providing to a
real set of characteristics of a real accident; wherein the data
memory comprises sets of characteristics for past or theoretical
accidents; providing a determination of a right of way of a vehicle
for one or more of the set of characteristics for past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics for the past or theoretical accidents
to determine a nearest matching set of characteristics among the
sets of characteristics for the past or theoretical accidents; and
determining a right of way for the real accident based on the
determined right of way for the nearest matching set of
characteristics among the sets of characteristics relating to past
or theoretical accidents.
633. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
of determining right of way in a vehicle accident, the method
comprising: providing to a computer system a real set of
characteristics of to a real accident; wherein the computer system
is configured to access a memory, wherein the memory comprises sets
of characteristics for past or theoretical accidents, and wherein a
determination of a right of way is associated with one or more of
the sets of characteristics for the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics for the past or theoretical accidents to determine
a nearest matching set of characteristics among the sets of
characteristics for the past or theoretical accidents; and
determining a right of way for the real accident based on the
determination of the right of way associated with the nearest
matching set of characteristics.
634. A method of estimating liability for a vehicle accident,
comprising: providing to a computer system a real set of
characteristics of a real accident, wherein the real set of
characteristics comprises an impact point for a vehicle in the real
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents, wherein the sets of characteristics
for the past or theoretical accident comprise an impact point for a
vehicle in one of the past or theoretical accidents, wherein the
impact point for the vehicle is the one of the past or theoretical
accidents is associated with at least one impact group, and wherein
the at least one impact group is associated with an estimate of a
base liability; comparing the real set of characteristics to the
sets of characteristics for the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of the base liability associated with the at least one
impact group of the nearest matching set of characteristics.
635. The method of claim 634, wherein the estimate of liability
associated with the at least one impact group is determined by
using knowledge obtained from experienced claims adjusters.
636. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise a roadway
configuration.
637. The method of claim 636, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
638. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise an accident
type.
639. The method of claim 638, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
640. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise a right of
way.
641. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise a roadway
configuration and an accident type.
642. The method of claim 641, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
643. The method of claim 641, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
644. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise a roadway
configuration and a right of way.
645. The method of claim 644, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
646. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise an accident
type and a right of way.
647. The method of claim 646, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
648. The method of claim 634, wherein the sets of characteristics
for the past or theoretical accidents further comprise a roadway
configuration, an accident type, and a right of way.
649. The method of claim 648, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
650. The method of claim 648, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
651. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: providing a real set of
characteristics of a real accident, wherein the real set of
characteristics comprises an impact point for a vehicle in the real
accident; wherein the data memory comprises sets of characteristics
for past or theoretical accidents, wherein the sets of
characteristics comprise an impact points for a vehicle in one of
the past or theoretical accidents, wherein the impact point for the
vehicle in the one of the past or theoretical accidents is
associated with at least one impact group, and wherein the at least
one impact group is associated with an estimate of a base
liability; comparing the real set of characteristics to the sets of
characteristics for the past or theoretical accidents to determine
a nearest matching set of characteristics among the sets of
characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of the base liability associated with the at least one
impact group of the nearest matching set of characteristics
652. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
of estimating liability for a vehicle accident, the method
comprising: providing to a computer system a real set of
characteristics of a real accident, wherein the real set of
characteristics comprises an impact point for a vehicle in the real
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents, wherein the sets of characteristics
for the past or theoretical accident comprise an impact point for a
vehicle in one of the past or theoretical accidents, wherein the
impact point for the vehicle is the one of the past or theoretical
accidents is associated with at least one impact group, and wherein
the at least one impact group is associated with an estimate of a
base liability; comparing the real set of characteristics to the
sets of characteristics for the past or theoretical accidents to
determine a nearest matching set of characteristics among the sets
of characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based on
the estimate of the base liability associated with the at least one
impact group of the nearest matching set of characteristics.
653. A method of estimating liability for a vehicle accident,
comprising: estimating a base liability of a party involved in a
vehicle accident using a computer system; estimating an effect of
one or more factors on the base liability using a computer system;
determining an estimate of liability of the party based on the base
liability and the effect of the one or more factors on the base
liability; and assigning an absolute liability value as the
liability of the party if the effect of the one or more factors
exceeds a user specified value.
654. The method of claim 653, wherein estimating the base liability
comprises estimating the base liability using a real set of
characteristics of the vehicle accident.
655. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident.
656. The method of claim 654, wherein the real set of
characteristics comprises a roadway configuration at a location of
the vehicle accident.
657. The method of claim 656, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
658. The method of claim 654, wherein the real set of
characteristics comprises an accident type of the vehicle
accident.
659. The method of claim 658, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
660. The method of claim 654, wherein the real set of
characteristics comprises an impact point of a vehicle in the
vehicle accident.
661. The method of claim 660, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
662. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident and a roadway configuration at a location of the
vehicle accident.
663. The method of claim 662, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
664. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident and an accident type of the vehicle accident.
665. The method of claim 664, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
666. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident and an impact point of the vehicle in the vehicle
accident.
667. The method of claim 666, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
668. The method of claim 654, wherein the real set of
characteristics comprises a roadway configuration at a location of
the vehicle accident and an accident type of the vehicle
accident.
669. The method of claim 668, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
670. The method of claim 668, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
671. The method of claim 654, wherein the real set of
characteristics comprises a roadway configuration at a location of
the vehicle accident and an impact point of a vehicle in the
vehicle accident.
672. The method of claim 671, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
673. The method of claim 671, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
674. The method of claim 654, wherein the real set of
characteristics comprises an accident type of the vehicle accident
and an impact point of a vehicle in the vehicle accident.
675. The method of claim 674, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
676. The method of claim 674, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
677. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident, a roadway configuration at a location of the
vehicle accident, and an accident type of the vehicle accident.
678. The method of claim 677, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
679. The method of claim 677, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
680. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident, a roadway configuration at a location of the
vehicle accident, and an impact point of the vehicle in the vehicle
accident.
681. The method of claim 680, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
682. The method of claim 680, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
683. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident, an accident type of the vehicle accident, and an
impact point of the vehicle in the vehicle accident.
684. The method of claim 683, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
685. The method of claim 683, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
686. The method of claim 654, wherein the real set of
characteristics comprises a roadway configuration at a location of
the vehicle accident, an accident type of the vehicle accident, and
an impact point of a vehicle in the vehicle accident.
687. The method of claim 686, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
688. The method of claim 686, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
689. The method of claim 686, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
690. The method of claim 654, wherein the real set of
characteristics comprises a right of way for a vehicle in the
vehicle accident, a roadway configuration at a location of the
vehicle accident, an accident type of the vehicle accident, and an
impact point of the vehicle in the vehicle accident.
691. The method of claim 690, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
692. The method of claim 690, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
693. The method of claim 690, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
694. The method of claim 653, wherein the one or more factors are
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
695. The method of claim 653, further comprising adjusting the one
or more factors with a situational weight.
696. The method of claim 653, estimating a situational weight from
circumstances of the vehicle accident, and adjusting the one or
more factors with the situational weight.
697. The method of claim 695, estimating a situational weight from
knowledge obtained from experienced claims adjusters, and adjusting
the one or more factors with the situational weight.
698. The method of claim 653, further comprising adjusting the one
or more factors with a ranking factor.
699. The method of claim 653, further comprising adjusting a sum of
the one or more factors with a factor influence.
700. The method of claim 653, wherein the estimate of liability is
a range, and wherein the range is estimated by a range radius.
701. The method of claim 653, wherein the estimate of liability is
a range, wherein the range is estimated by a range radius, and
wherein the range radius is adjusted by a snap-to radius.
702. A system for estimating liability for a vehicle accident,
comprising: a CPU; and a system memory coupled to the CPU, wherein
the system memory is configured to store one or more computer
programs executable by the CPU, and wherein the computer programs
are executable to implement a method for estimating liability, the
method comprising: estimating a base liability of a party involved
in a vehicle accident; estimating an effect of one or more factors
on the base liability; determining an estimate of liability of the
party based on the base liability and the effect of the one or more
factors on the base liability; and assigning an absolute liability
value as liability of the party if the effect of the one or more
factors exceeds a user specified value.
703. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
of estimating liability for a vehicle accident, the method
comprising: estimating a base liability of a party involved in a
vehicle accident using a computer system; estimating an effect of
one or more factors on the base liability using a computer system;
determining an estimate of liability of the party based on the base
liability and the effect of the one or more factors on the base
liability; and assigning an absolute liability value as the
liability of the party if the effect of the one or more factors
exceeds a user specified value.
704. A method of estimating liability in a real accident,
comprising: providing to a computer a real set of characteristics
of a real accident; wherein at least one of the characteristics of
the real set is based on a condition of a vehicle in the real
accident, a condition of a driver of the vehicle in the real
accident, an action of the driver of the vehicle in the real
accident, or an environmental condition common to the vehicle in
the accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents associated with estimates of
liability, and wherein at least one of the characteristics of the
sets of characteristics for the past or theoretical accidents is
based on a condition of a vehicle in the past or theoretical
accidents, a condition of a driver of the vehicle in the past or
theoretical accidents, an action of the driver of the vehicle in
the past or theoretical accidents, or an environmental condition
common to the vehicle in the past or theoretical accidents;
comparing the real set of characteristics to the sets of
characteristics for the past or theoretical accidents to determine
a nearest matching set of characteristics among the sets of
characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based
the estimate of liability of a associated with the nearest matching
set of characteristic from the past or theoretical accidents.
705. The method of claim 704, wherein the characteristics are
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
706. The method of claim 704, further comprising adjusting estimate
of liability with a situational weight.
707. The method of claim 704, further comprising estimating a
situational weight from one or more circumstances of the vehicle
accident, and adjusting estimate of liability with a situational
weight.
708. The method of claim 704, further comprising estimating a
situational weight from knowledge obtained from an experienced
claims adjuster, a nd adjusting estimate of liability with a
situational weight.
709. The method of claim 704, further comprising adjusting estimate
of liability with one or more ranking factors.
710. The method of claim 704, further comprising adjusting estimate
of liability with a factor influence.
711. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: providing a real set of
characteristics of a real accident; wherein at least one of the
characteristics of the real set is based on a condition of a
vehicle in the real accident, a condition of a driver of the
vehicle in the real accident, an action of the driver of the
vehicle in the real accident, or an environmental condition common
to the vehicle in the real accident; wherein the data memory
comprises sets of characteristics for past or theoretical accidents
associated with estimates of liability, and wherein at least one of
the characteristics of the sets of characteristics for the past or
theoretical accidents is based on a condition of a vehicle in the
past or theoretical accidents, a condition of a driver of the
vehicle in the past or theoretical accidents, an action of the
driver of the vehicle in the past or theoretical accidents, or an
environmental condition common to the vehicle in the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics for the past or theoretical accidents
to determine a nearest matching set of characteristics among the
sets of characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based
the estimate of liability of a associated with the nearest matching
set of characteristic from the past or theoretical accidents.
712. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
of estimating the contribution to liability in a vehicle accident,
the method comprising: providing to a computer a real set of
characteristics of a real accident; wherein at least one of the
characteristics of the real set is based on a condition of a
vehicle in the real accident, a condition of a driver of the
vehicle in the real accident, an action of the driver of the
vehicle in the real accident, or an environmental condition common
to the vehicle in the accident; wherein the computer system is
configured to access a memory, wherein the memory comprises sets of
characteristics for past or theoretical accidents associated with
estimates of liability, and wherein at least one of the
characteristics of the sets of characteristics for the past or
theoretical accidents is based on a condition of a vehicle in the
past or theoretical accidents, a condition of a driver of the
vehicle in the past or theoretical accidents, an action of the
driver of the vehicle in the past or theoretical accidents, or an
environmental condition common to the vehicle in the past or
theoretical accidents; comparing the real set of characteristics to
the sets of characteristics for the past or theoretical accidents
to determine a nearest matching set of characteristics among the
sets of characteristics for the past or theoretical accidents; and
determining an estimate of liability for the real accident based
the estimate of liability of a associated with the nearest matching
set of characteristic from the past or theoretical accidents.
713. A method, comprising: providing to a computer system one or
more sets of impact points relating to a past or theoretical
accident, wherein the one or more sets of impact points comprise an
impact point for at least one vehicle in the past or theoretical
accident; wherein the computer system is configured to access a
memory, wherein the memory comprises sets of characteristics for
past or theoretical accidents; providing to the computer system an
estimate of liability corresponding to the one or more sets of
impact points for the past or theoretical accident; and storing the
estimate of liability in the memory in association with the one or
more sets of impact points and the sets of characteristics for past
or theoretical accidents.
714. The method of claim 713, wherein the past or theoretical
accident comprises a two vehicle accident.
715. The method of claim 713, wherein the estimate of liability is
expressed as a percentage.
716. The method of claim 713, wherein the estimate of liability is
expressed as a range of percentage liability.
717. The method of claim 713, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
718. The method of claim 713, wherein the sets of characteristics
for past or theoretical accidents comprise a roadway configuration
at a location of the vehicle accident.
719. The method of claim 718, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
720. The method of claim 713, wherein the sets of characteristics
for past or theoretical accidents comprise an accident type of the
vehicle accident.
721. The method of claim 720, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
722. The method of claim 713, wherein the sets of characteristics
for past or theoretical accidents comprise a roadway configuration
at a location of the vehicle accident and an accident type of the
vehicle accident.
723. The method of claim 722, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
724. The method of claim 722, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
725. A system, comprising: a CPU; a data memory coupled to the CPU;
and a system memory coupled to the CPU, wherein the system memory
is configured to store one or more computer programs executable by
the CPU, and wherein the computer programs are executable to
implement a method for estimating liability, the method comprising:
providing one or more sets of impact points relating to a past or
theoretical accident, wherein the one or more sets of impact points
comprise an impact point for at least one vehicle in the past or
theoretical accident; wherein the data memory comprises sets of
characteristics for past or theoretical accidents; providing to the
computer system an estimate of liability corresponding to the one
or more sets of impact points for the past or theoretical accident;
and storing the estimate of liability in the memory in association
with the one or more sets of impact points and the sets of
characteristics for past or theoretical accidents.
726. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing to a computer system one or more sets of
impact points relating to a past or theoretical accident, wherein
the one or more sets of impact points comprise an impact point for
at least one vehicle in the past or theoretical accident; wherein
the computer system is configured to access a memory, wherein the
memory comprises sets of characteristics for past or theoretical
accidents; providing to the computer system an estimate of
liability corresponding to the one or more sets of impact points
for the past or theoretical accident; and storing the estimate of
liability in the memory in association with the one or more sets of
impact points and the sets of characteristics for past or
theoretical accidents.
727. A method, comprising: providing to a computer system an
estimate of liability for a past or theoretical accident; wherein
the computer system is configured to access a memory, wherein the
memory comprises a set of characteristics for the past or
theoretical accident; and storing the estimate of liability in the
memory in association with the set of characteristics for the past
or theoretical accident.
728. The method of claim 727, wherein the accident comprises a
vehicle accident.
729. The method of claim 727, wherein the accident comprises a two
vehicle accident.
730. The method of claim 727, wherein the estimate of the liability
is expressed as a percentage.
731. The method of claim 727, wherein set of characteristics for
the past or theoretical accident comprise a roadway configuration
at a location of the vehicle accident.
732. The method of claim 731, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
733. The method of claim 727, wherein set of characteristics for
the past or theoretical accident comprise an accident type of the
vehicle accident.
734. The method of claim 733, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
735. The method of claim 727, wherein set of characteristics for
the past or theoretical accident comprise a roadway configuration
at a location of the vehicle accident and an accident type of the
vehicle accident.
736. The method of claim 735, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
737. The method of claim 735, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
738. The method of claim 727, wherein the estimate of liability
comprises a base liability, wherein the base liability is a portion
of the liability independent of factors specific to condition of
vehicles in the accident, condition of drivers in the accident,
actions of drivers in the accident, and environmental conditions
common to vehicles in the accident.
739. The method of claim 727, wherein the estimate of liability
comprises a lower bound of liability and an upper bound of
liability.
740. The method of claim 727, wherein the estimate of liability
comprises a range radius.
741. A system, comprising: a CPU; a data memory coupled to the CPU;
and a system memory coupled to the CPU, wherein the system memory
is configured to store one or more computer programs executable by
the CPU, and wherein the computer programs are executable to
implement a method for estimating liability, the method comprising:
providing an estimate of liability for a past or theoretical
accident; wherein the data memory comprises a set of
characteristics for the past or theoretical accident; and storing
the estimate of liability in the memory in association with the set
of characteristics for the past or theoretical accident.
742. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
of estimating liability for a vehicle accident, the method
comprising: providing to a computer system an estimate of liability
for a past or theoretical accident; wherein the computer system is
configured to access a memory, wherein the memory comprises a set
of characteristics for the past or theoretical accident; and
storing the estimate of liability in the memory in association with
the set of characteristics for the past or theoretical
accident.
743. A method, comprising: providing a computer system, configured
to access a memory, wherein the memory comprises one or more
estimates of an effect on liability of one or more factors relating
to a past or theoretical accident; providing to the computer system
one or more adjustments to the one or more estimates of the effect
on the liability of the one or more factors relating to the past or
theoretical accident; and storing the one or more adjustments in
the memory in association with the one or more estimates of the
effect on the liability of the one or more factors relating to the
past or theoretical accident.
744. The method of claim 743, wherein the accident comprises a
vehicle accident.
745. The method of claim 743, wherein the accident comprises a two
vehicle accident.
746. The method of claim 743, wherein the one or more estimates of
the effect on the liability are expressed as a percentage.
747. The method of claim 743, wherein the one or more factors are
selected from the group consisting of a construction zone, an
obstructed view or glare, a road condition, a road character, a
road defect, a defective traffic control, visibility, alcohol,
illicit drugs, prescription drugs, driver inattention, corrective
lenses, driver inexperience, driver fatigue, driver illness,
following too closely, headlights off, speed, a sudden stop or
swerve, taillights or brakelights off, unsafe backing, failure to
take evasive action, high beams, an improper lane change, improper
parking, and improper signaling.
748. The method of claim 743, wherein the one or more adjustments
comprise situational weights.
749. The method of claim 743, wherein the one or more adjustments
comprise ranking factors.
750. The method of claim 743, wherein the one or more adjustments
comprise a factor influence, and wherein the factor influence
adjusts a sum of the effect on the liability of the one or more
factors.
751. A system, comprising: a CPU; a data memory coupled to the CPU
wherein the data memory comprises one or more estimates of an
effect on liability of one or more factors relating to a past or
theoretical accident; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: providing one or more adjustments
to the one or more estimates of the effect on the liability of the
one or more factors relating to the past or theoretical accident;
and storing the one or more adjustments in the data memory in
association with the one or more estimates of the effect on the
liability of the one or more factors relating to the past or
theoretical accident.
752. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing a computer system, configured to access a
memory, wherein the memory comprises one or more estimates of an
effect on liability of one or more factors relating to a past or
theoretical accident; providing to the computer system one or more
adjustments to the one or more estimates of the effect on the
liability of the one or more factors relating to the past or
theoretical accident; and storing the one or more adjustments in
the memory in association with the one or more estimates of the
effect on the liability of the one or more factors relating to the
past or theoretical accident.
753. A method, comprising: providing claim data regarding a vehicle
accident to a computer system via a graphical user interface;
providing data regarding at least one vehicle involved in the
vehicle accident to the computer system via the graphical user
interface; providing an assessment of the vehicle accident to the
computer system via the graphical user interface; and storing the
claim data regarding the vehicle accident, the data regarding at
least one vehicle involved in the vehicle accident, and the
assessment of the vehicle accident in a memory associated with the
computer system.
754. The method of claim 753, further comprising displaying a
consultation report via the graphical user interface.
755. The method of claim 754, wherein the consultation report
comprises the claim data, the data regarding the at least one
vehicle, and the assessment.
756. The method of claim 754, wherein the consultation report
comprises a range of liability for an insured party involved in the
vehicle accident.
757. The method of claim 753, wherein the claim data comprises
policy data.
758. The method of claim 753, wherein the claim data comprises
policy data, and wherein the policy data comprises a claim number,
a policy number, policy limits, or policy dates.
759. The method of claim 753, wherein the claim data comprises
information regarding parties involved in the vehicle accident.
760. The method of claim 759, wherein the parties comprise an
insured party and a claimant party.
761. The method of claim 759, wherein the parties comprise one or
more witnesses.
762. The method of claim 759, wherein the information regarding the
parties involved in the vehicle accident comprises a description of
the vehicle accident provided by at least one of the parties.
763. The method of claim 753, wherein the claim data comprises a
location, a date, and a time of the vehicle accident.
764. The method of claim 753, wherein the claim data comprises who
reported the vehicle accident, to whom the vehicle accident was
reported, and whether police were called.
765. The method of claim 753, wherein the claim data comprises
content of a police report regarding the vehicle accident.
766. The method of claim 753, wherein the claim data comprises
whether there were injuries in the vehicle accident.
767. The method of claim 753, wherein the claim data comprises a
jurisdiction in which the vehicle accident occurred.
768. The method of claim 767, wherein the jurisdiction comprises a
state or a territory of the United States.
769. The method of claim 753, wherein the claim data comprises a
number of vehicles involved in the vehicle accident.
770. The method of claim 753, wherein the data comprises a type of
the at least one vehicle involved in the vehicle accident.
771. The method of claim 770, wherein the type of the at least one
vehicle is an automobile or a light truck.
772. The method of claim 753, wherein the assessment of the vehicle
accident comprises a graphical representation of an accident
type.
773. The method of claim 772, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
774. The method of claim 753, wherein the assessment of the vehicle
accident comprises a graphical representation of a roadway
configuration at a location of the vehicle accident.
775. The method of claim 774, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
776. The method of claim 753, wherein the assessment of the vehicle
accident comprises an impact point of the at least one vehicle
involved in the vehicle accident.
777. The method of claim 776, wherein the impact point is
represented graphically.
778. The method of claim 776, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
779. The method of claim 753, wherein the assessment of the vehicle
accident comprises a description of the vehicle accident.
780. The method of claim 753, wherein the assessment of the vehicle
accident comprises environmental conditions at a location of the
vehicle accident.
781. The method of claim 780, wherein the environmental conditions
comprise a construction zone, an obstructed view or glare, a road
condition, a road character, a road defects, a defective traffic
control, or visibility.
782. The method of claim 753, wherein the assessment of the vehicle
accident comprises a condition of a driver of the at least one
vehicle involved in the vehicle accident.
783. The method of claim 782, wherein the condition of the driver
comprises an effect of alcohol, illicit drugs, prescription drugs,
driver inattention, corrective lenses, driver inexperience, driver
fatigue, or driver illness.
784. The method of claim 753, wherein the assessment of the vehicle
accident comprises human actions.
785. The method of claim 784, wherein the human actions comprise
following too closely, driving with headlights off, driving at an
unsafe speed, a sudden stop or swerve, a failure to take evasive
action, driving with high beams on, an improper lane change,
improper parking, or improper signaling.
786. The method of claim 753, wherein the assessment of the vehicle
accident comprises an assessment of a condition of the at least one
vehicle involved in the accident.
787. The method of claim 786, wherein the condition comprises
defective equipment.
788. The method of claim 753, wherein the assessment of the vehicle
accident comprises a speed limit at a location of the vehicle
accident.
789. The method of claim 753, wherein the assessment of the vehicle
accident comprises a speed of the at least one vehicle involved in
the vehicle accident.
790. The method of claim 753, wherein the assessment of the vehicle
accident comprises identification of traffic controls at a location
of the vehicle accident.
791. The method of claim 790, wherein the traffic control is
selected from the group consisting of a red light, a yellow light,
a green light, a left turn arrow, a right turn arrow, a stop sign,
a yield sign, a flashing red light, a flashing yellow light, a
police officer signaling stop, a police officer signaling proceed,
a crossing guard signaling proceed, a crossing guard signaling
stop, a flagger signaling proceed, a flagger signaling stop,
another person signaling proceed, another person signaling stop, an
emergency vehicle, and a school bus.
792. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether traffic control
devices were obeyed by the at least one vehicle involved in the
vehicle accident.
793. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether traffic controls were
defective at a location of the vehicle accident.
794. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether the at least one
vehicle involved in the vehicle accident was defective.
795. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether roadway debris was
present at a location of the vehicle accident.
796. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether roadway defects were
present at a location of the vehicle accident.
797. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether there was a child in
the at least one vehicle involved in the vehicle accident.
798. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether the at least one
vehicle involved in the vehicle accident were engaged in commercial
use at a time of the vehicle accident.
799. The method of claim 753, wherein the assessment of the vehicle
accident comprises a determination of whether occupants in the at
least one vehicle involved in the vehicle accident were wearing
seatbelts.
800. A system, comprising: a CPU; a data memory coupled to the CPU;
and a system memory coupled to the CPU, wherein the system memory
is configured to store one or more computer programs executable by
the CPU, and wherein the computer programs are executable to
implement a method for estimating liability, the method comprising:
providing claim data regarding a vehicle accident via a graphical
user interface; providing data regarding at least one vehicle
involved in the vehicle accident via the graphical user interface;
providing an assessment of the vehicle accident via the graphical
user interface; and storing the claim data regarding the vehicle
accident, the data regarding at least one vehicle involved in the
vehicle accident, and the assessment of the vehicle accident in the
data memory.
801. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing claim data regarding a vehicle accident to a
computer system via a graphical user interface; providing data
regarding at least one vehicle involved in the vehicle accident to
the computer system via the graphical user interface; providing an
assessment of the vehicle accident to the computer system via the
graphical user interface; and storing the claim data regarding the
vehicle accident, the data regarding at least one vehicle involved
in the vehicle accident, and the assessment of the vehicle accident
in a memory associated with the computer system.
802. A method, comprising: providing a computer system configured
to access a memory, wherein the memory comprises sets of
characteristics regarding one or more past or theoretical
accidents, and wherein at least one characteristic in the sets of
characteristics is an accident type; displaying the accident type
as a graphical image in a graphical user interface; and selecting a
graphical image of an accident type corresponding to an accident
type of a real accident.
803. The method of claim 802, wherein the accident type is selected
from the group consisting of a rear ender, a left turn crossing
traffic, a left turn across traffic, a left turn entering traffic,
a right turn entering traffic, dual turns to same lane, concurrent
left turns, a U-turn, a parked vehicle merging into traffic from
right, a parked vehicle merging into traffic from left, a merge
from left, a merge from right, concurrent merges to a single lane,
a collision with a parked vehicle, a collision while backing, a
head on, and a straight cross traffic collision.
804. The method of claim 802, wherein the real accident comprises a
vehicle accident.
805. The method of claim 802, wherein the real accident comprises a
two vehicle accident.
806. A system for estimating liability, comprising: a CPU; and a
system memory coupled to the CPU, wherein the system memory is
configured to store one or more computer programs executable by the
CPU, and wherein the computer programs are executable to implement
a method for estimating liability, the method comprising: accessing
the data memory, wherein the data memory comprises sets of
characteristics regarding one or more past or theoretical
accidents, and wherein at least one characteristic in the sets of
characteristics is an accident type; displaying the accident type
as a graphical image in a graphical user interface; and selecting a
graphical image of an accident type corresponding to an accident
type of a real accident.
807. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing a computer system configured to access a
memory, wherein the memory comprises sets of characteristics
regarding one or more past or theoretical accidents, and wherein at
least one characteristic in the sets of characteristics is an
accident type; displaying the accident type as a graphical image in
a graphical user interface; and selecting a graphical image of an
accident type corresponding to an accident type of a real
accident.
808. A method, comprising: providing a computer system configured
to access a memory, wherein the memory comprises sets of
characteristics of one or more past or theoretical accidents, and
wherein at least one characteristic in the sets of characteristics
is a roadway configuration; displaying the roadway configuration as
a graphical image in a graphical user interface; and selecting a
graphical image of a roadway configuration corresponding to a
roadway configuration of a real accident.
809. The method of claim 808, wherein the roadway configuration is
selected from the group consisting of a two or more lane road, a
divided road with a median that can be crossed, a four-way
intersection, a T-angle intersection, a merging of one roadway into
another, a curve, a parking lot with two-way traffic, a parking lot
with one way traffic, a center turn lane, and a two or more lane
road divided by a physical barrier.
810. The method of claim 808, wherein the real accident comprises a
vehicle accident.
811. The method of claim 808, wherein the real accident comprises a
two vehicle accident.
812. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: accessing the data memory,
wherein the data memory comprises sets of characteristics regarding
one or more past or theoretical accidents, and wherein at least one
characteristic in the sets of characteristics is a roadway
configuration; displaying the roadway configuration as a graphical
image in a graphical user interface; and selecting a graphical
image of a roadway configuration corresponding to a roadway
configuration of a real accident.
813. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing a computer system configured to access a
memory, wherein the memory comprises sets of characteristics of one
or more past or theoretical accidents, and wherein at least one
characteristic in the sets of characteristics is a roadway
configuration; displaying the roadway configuration as a graphical
image in a graphical user interface; and selecting a graphical
image of a roadway configuration corresponding to a roadway
configuration of a real accident.
814. A method, comprising: providing a computer system configured
to access a memory, wherein the memory comprises sets of
characteristics regarding one or more past or theoretical
accidents, and wherein at least one characteristic in the sets of
characteristics is an impact point for a vehicle involved in a past
or theoretical accident; displaying the impact points as a
graphical image in a graphical user interface; and selecting a
graphical image of an impact point corresponding to an impact point
for a vehicle involved in a real accident.
815. The method of claim 814, wherein the impact point is selected
from the group consisting of right front corner, right front
fender, right middle, right rear quarter-panel, right rear corner,
rear middle, left rear corner, left rear quarter-panel, left
middle, left front fender, left front corner, and front middle.
816. The method of claim 814, wherein the graphical image of the
impact point comprises a graphical representation of a vehicle,
wherein the vehicle is divided into two or more sections, and
wherein the sections correspond to impact points.
817. The method of claim 814, wherein the real accident comprises a
vehicle accident.
818. The method of claim 814, wherein the real accident comprises a
two vehicle accident.
819. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: accessing the data memory,
wherein the data memory comprises sets of characteristics regarding
one or more past or theoretical accidents, and wherein at least one
characteristic in the sets of characteristics is an impact point
for a vehicle in one of the a past or theoretical accidents;
displaying the impact point as a graphical image in a graphical
user interface; and selecting a graphical image of an impact point
corresponding to an impact point for a vehicle in a real
accident.
820. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing a computer system configured to access a
memory, wherein the memory comprises sets of characteristics
regarding one or more past or theoretical accidents, and wherein at
least one characteristic in the sets of characteristics is an
impact point for a vehicle involved in a past or theoretical
accident; displaying the impact points as a graphical image in a
graphical user interface; and selecting a graphical image of an
impact point corresponding to an impact point for a vehicle
involved in a real accident.
821. A method, comprising: providing to a computer system at least
two real sets of characteristics relating to a real accident;
wherein content of one or more of the at least two real sets of
characteristics corresponds to at least one witness statement
regarding the real accident; comparing the content of the at least
two real sets of characteristics relating to the real accident; and
determining inconsistencies between the at least two real sets of
characteristics relating to the real accident based on the
comparison.
822. The method of claim 821, wherein the accident comprises a
vehicle accident, and wherein the at least two real sets of
characteristics are selected from the group consisting of speed of
at least one vehicle, whether brakes were applied, whether
signaling was improper or nonexistent, whether a vehicle yielded, a
road condition, a road character, a road defects, a defective
traffic control, visibility, whether a driver was wearing required
corrective lenses, a distance between the vehicles prior to the
accident, whether headlights were off, presence of an animal, a
pedestrian, or another vehicle, whether a vehicle made a sudden
stop or swerve, whether taillights or brakelights were off, unsafe
backing, whether there was a failure to take evasive action,
whether a vehicle had high beams on, and whether a lane change was
improper.
823. The method of claim 821, wherein the real accident comprises a
vehicle accident.
824. The method of claim 821, wherein the real accident comprises a
two vehicle accident.
825. A system for estimating liability, comprising: a CPU; and a
system memory coupled to the CPU, wherein the system memory is
configured to store one or more computer programs executable by the
CPU, and wherein the computer programs are executable to implement
a method for estimating liability, the method comprising: providing
at least two real sets of characteristics relating to a real
accident; wherein content of one or more of the at least two real
sets of characteristics corresponds to at least one witness
statement regarding the real accident; comparing the content of the
at least two real sets of characteristics relating to the real
accident; and determining inconsistencies between the at least two
real sets of characteristics relating to the real accident based on
the comparison.
826. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing to a computer system at least two real sets
of characteristics relating to a real accident; wherein content of
one or more of the at least two real sets of characteristics
corresponds to at least one witness statement regarding the real
accident; comparing the content of the at least two real sets of
characteristics relating to the real accident; and determining
inconsistencies between the at least two real sets of
characteristics relating to the real accident based on the
comparison.
827. A method, comprising: providing to a computer system one or
more real sets of characteristics relating to a real accident,
wherein the one or more real sets of characteristics comprise one
or more witness statements of the real accident; storing the one or
more real sets of characteristics in a memory of the computer
system; estimating a credible set of characteristics of the real
accident, wherein the credible set of characteristics is estimated
based on one or more physical measurements of the real accident;
storing the credible set of characteristics in the memory;
comparing the one or more real sets of characteristics to the
credible set of characteristics; determining a number of
inconsistencies between the one or more real sets of
characteristics and the credible set of characteristics; and
identifying a credible witness statement, wherein the credible
witness statement corresponds to one of the one or more real sets
of characteristics with the least number of inconsistencies with
the credible set of characteristics.
828. The method of claim 827, wherein characteristics of the real
set of characteristics and the credible set of characteristics
comprise factors relating to speed, time, and distance in the real
accident.
829. The method of claim 827, wherein characteristics of the real
set of characteristics and the credible set of characteristics
comprise factors relating to speed of a vehicle involved in the
real accident, stopping distance of the vehicle involved in the
real accident, and stopping time of the vehicle involved in the
real accident.
830. The method of claim 827, wherein the physical measurements
comprise measurements of effects of the real accident.
831. The method of claim 827, wherein the physical measurements
comprise measurements of effects of the real accident, and wherein
effects of the real accident comprise length of skid marks and
magnitude of vehicle damage.
832. The method of claim 827, wherein the real accident comprises a
vehicle accident.
833. The method of claim 827, wherein the real accident comprises a
two vehicle accident.
834. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: providing one or more real sets
of characteristics relating to a real accident, wherein the one or
more real sets of characteristics comprise one or more witness
statements of the real accident; storing the one or more real sets
of characteristics in the data memory; estimating a credible set of
characteristics of the real accident, wherein the credible set of
characteristics is estimated based on one or more physical
measurements of the real accident; storing the credible set of
characteristics in the data memory; comparing the one or more real
sets of characteristics to the credible set of characteristics;
determining a number of inconsistencies between the one or more
real sets of characteristics and the credible set of
characteristics; and identifying a credible witness statement,
wherein the credible witness statement corresponds to one of the
one or more real sets of characteristics with the least number of
inconsistencies with the credible set of characteristics.
835. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing to a computer system one or more real sets of
characteristics relating to a real accident, wherein the one or
more real sets of characteristics comprise one or more witness
statements of the real accident; storing the one or more real sets
of characteristics in a memory of the computer system; estimating a
credible set of characteristics of the real accident, wherein the
credible set of characteristics is estimated based on one or more
physical measurements of the real accident; storing the credible
set of characteristics in the memory; comparing the one or more
real sets of characteristics to the credible set of
characteristics; determining a number of inconsistencies between
the one or more real sets of characteristics and the credible set
of characteristics; and identifying a credible witness statement,
wherein the credible witness statement corresponds to one of the
one or more real sets of characteristics with the least number of
inconsistencies with the credible set of characteristics.
836. A method, comprising: providing to a computer system one or
more real sets of characteristics relating to a real accident,
wherein the one or more real sets of characteristics comprise one
or more witness statements of the real accident; storing the one or
more real sets of characteristics in a memory; estimating a
credible set of characteristics of the real accident, wherein the
credible set of characteristics is determined from physical
measurements of the real accident; storing the credible set of
characteristics in the memory; comparing the one or more real sets
of characteristics to the credible set of characteristics;
determining a number of inconsistencies between the one or more
real sets of characteristics and the credible set of
characteristics; and determining a credible real set of
characteristics, wherein the credible real set of characteristics
correspond to characteristics of the real sets of characteristics
that are consistent with characteristics of the credible set of
characteristics.
837. The method of claim 836, wherein characteristics of the real
sets of characteristics and the credible set of characteristics
comprise factors relating to speed, time, and distance in the real
accident.
838. The method of claim 836, wherein characteristics of the real
sets of characteristics and the credible set of characteristics
comprise factors relating to speed of a vehicle involved in the
real accident, stopping distance of the vehicle involved in the
real accident, and stopping time of the vehicle involved in the
real accident.
839. The method of claim 836, wherein the physical measurements
comprise measurements of effects of the real accident.
840. The method of claim 836, wherein the physical measurements
comprise measurements of effects of the real accident, and wherein
the effects of the real accident comprise length of skid marks and
magnitude of vehicle d a mage.
841. The method of claim 836, wherein the real accident comprises a
vehicle accident.
842. The method of claim 836, wherein the real accident comprises a
two vehicle accident.
843. A system for estimating liability, comprising: a CPU; a data
memory coupled to the CPU; and a system memory coupled to the CPU,
wherein the system memory is configured to store one or more
computer programs executable by the CPU, and wherein the computer
programs are executable to implement a method for estimating
liability, the method comprising: providing one or more real sets
of characteristics relating to a real accident, wherein the one or
more real sets of characteristics comprise one or more witness
statements of the real accident; storing the one or more real sets
of characteristics in the data memory; estimating a credible set of
characteristics of the real accident, wherein the credible set of
characteristics is determined from physical measurements of the
real accident; storing the credible set of characteristics in the
data memory; comparing the one or more real sets of characteristics
to the credible set of characteristics; determining a number of
inconsistencies between the one or more real sets of
characteristics and the credible set of characteristics; and
determining a credible real set of characteristics, wherein the
credible real set of characteristics correspond to characteristics
of the real sets of characteristics that are consistent with
characteristics of the credible set of characteristics.
844. A carrier medium comprising program instructions, wherein the
program instructions are computer-executable to implement a method
comprising: providing to a computer system one or more real sets of
characteristics relating to a real accident, wherein the one or
more real sets of characteristics comprise one or more witness
statements of the real accident; storing the one or more real sets
of characteristics in a memory; estimating a credible set of
characteristics of the real accident, wherein the credible set of
characteristics is determined from physical measurements of the
real accident; storing the credible set of characteristics in the
memory; comparing the one or more real sets of characteristics to
the credible set of characteristics; determining a number of
inconsistencies between the one or more real sets of
characteristics and the credible set of characteristics; and
determining a credible real set of characteristics, wherein the
credible real set of characteristics correspond to characteristics
of the real sets of characteristics that are consistent with
characteristics of the credible set of characteristics.
Description
PRIORITY CLAIM
[0001] This application claims priority to U.S. Provisional
Application No. 60/237,744 entitled "Computerized Method of
Liability Assessment for a Motor Vehicle Accident," filed Oct. 2,
2000.
BACKGROUND OF THE INVENTION
[0002] 1. Field of the Invention
[0003] The present invention generally relates to estimation of
liability in an accident. Certain embodiments relate to
computer-implemented systems and methods for estimating liability
in a motor vehicle accident through analysis of characteristics of
motor vehicle accidents.
[0004] 2. Description of the Related Art
[0005] A typical motor vehicle accident claims organization may
face a number of challenges in processing claims. Some of these
challenges may include assessment of liability, threat of
litigation, and experience level of claims adjusters. A motor
vehicle accident claims organization may add value to the liability
assessment process by producing a solution that enhances the
liability assessment process and increases the effectiveness of the
claims adjuster .
[0006] Assessment of liability is one important challenge facing a
claims organization. It is believed that a large percentage of
motor vehicle accident claims may be assessed at 100% liability
against the insured when the claimant may actually share in the
fault. While it may be difficult to pinpoint exact reasons for this
practice among claims adjusters, several factors influencing the
tendency to assess 100% liability against the insured may include,
but are not limited to, ineffective negotiation, large case loads,
inadequate time to effectively assess liability, and a desire to
settle claims quickly to avoid litigation.
[0007] Considering the litigious nature of claimants, and the
presence of claimant counsel during negotiations, claims adjusters
may need to rigorously investigate characteristics of a motor
vehicle accident scene, duties of the insured, and contributing
actions of the claimant before assessing liability.
[0008] The experience level of claims adjusters may typically be
low due to a lack of longevity in such a position. Over the years,
a dramatic shortening of the training regimen for most new claims
adjusters may reduce the effectiveness of claims adjusters. In
addition, the lack of experienced claims adjusters available to
advise and teach new claims adjusters worsens the situation.
Furthermore, new claims adjusters may not be as knowledgeable in
claims adjusting practices and the laws of their jurisdiction, as
are senior claims adjusters, and consequently they may make "best
guess" assessments. Therefore, a lack of trained and experienced
claims adjusters may tend to produce an inadequate and/or
inequitable assessment process.
[0009] Accordingly, it may be advantageous to provide a system and
method to assess fault or liability in motor vehicle accidents by
relying on expert knowledge collected from experienced claims
adjusters regarding the influence of multiple characteristics of a
motor vehicle accident proportional to the liability of the
claimant and the insured.
SUMMARY OF THE INVENTION
[0010] An embodiment of the present invention relates to a
computer-implemented method for estimating liability in an
accident.
[0011] In one embodiment, liability estimation in a vehicle
accident may be based on multiple characteristics that describe the
accident. Characteristics that describe either a real, a past, or a
theoretical accident may include but are not limited to, roadway
configuration, accident type, traffic controls at the vehicle
accident scene, right of way, and impact points of each motor
vehicle. The right of way may be established from real
characteristics of a vehicle accident and questions about the real
characteristics. At least one of the real characteristics may
include: roadway configuration, accident type, right of way, or
traffic control. Alternatively, a claims adjuster may specify the
right of way.
[0012] The real set of characteristics may be compared to past or
theoretical characteristics to determine a set of matching
characteristics. The liability for the real accident may be based
on an estimate of liability associated with the matching set of
past or theoretical characteristics. The estimated liability for
the real accident determined in this way may be a base
liability.
[0013] The liabilities associated with the characteristics of the
past or theoretical accident may be associated with an impact group
in addition to other characteristics of a real accident. An impact
group may include a pair of impact points for a past or theoretical
accident. A pair of impact points may include an impact point for
each of two vehicles involved in an accident. Each pair of impact
points may be associated with two values of base liability: a lower
bound of liability and an upper bound of liability. One set of
values may correspond to one vehicle with the right of way, and the
other set of values may correspond to the other vehicle having the
right of way. Each of the pairs of impact points in a given impact
group may have the same base liability and lower and upper bound of
liability.
[0014] Effects on the liability due to factors specific to the
vehicle, driver, and environment may be taken into account by
identifying specific factors that may be relevant to the real
accident. Factors for past or theoretical accidents may be
associated with estimates of a contribution to liability. An
estimate of the contribution of the factors to liability in the
real accident may be determined by associating the factors relevant
to the real accident with the estimates of the contribution of the
factors for the past or theoretical accidents.
[0015] The contribution of the factors to the liability may also be
adjusted. The adjustments may take into account sets of
characteristics corresponding to the real accident and/or the
preference of a claims organization. A situational weight (i.e., an
adjustment related to the characteristics of a specific accident)
may be based on knowledge obtained from experienced claims
adjusters. Alternatively, the situational weight may be inferred
from answers to a series of questions relating to the factor and
accident.
[0016] The individual factors may be adjusted by a ranking factor
that accounts for the preference of the claims organization.
Furthermore, the sum of the contribution of the factors to
liability may be adjusted by a factor influence that may also
account for the preference of a claims organization.
[0017] The contribution of a factor may be so significant that it
may be necessary to perform a further adjustment. Such a factor may
adjust the liability beyond the lower and upper bounds defined for
the liability. The contribution of the factor may be ignored and an
absolute liability value may be assigned to be the liability
estimate.
[0018] The liability might be expressed as a range rather than a
single value. The range may be created using a range radius. The
range radius may be a percentage value that may be added to and
subtracted from the final liability to create the range.
[0019] A knowledge acquisition utility may be used to determine
impact groups for a given set of characteristics of a past or
theoretical accident. An impact group may be a collection of pairs
of impact points. Each of the pairs of impact points in the impact
group may have the same liability and lower and upper bounds of
liability. Experienced claims adjusters may use the knowledge
acquisition utility to determine the number of impact groups for
each set of characteristics and the impact point pairs in each
impact group.
[0020] A claims organization may employ experienced claims
adjusters to use a tuning utility to estimate characteristics and
properties of past or theoretical accidents such as base
liabilities and lower and upper bounds of liabilities.
Characteristics and properties may be entered into a knowledge
acquisition utility associated with the tuning utility. The user
may then run pre-configured test scenarios, analyze the results,
and refine the characteristics and properties as necessary. The
procedure may be repeated until the user is satisfied.
[0021] A computer-implemented method for estimating liability in a
vehicle accident may include several steps. The user may provide to
a computer system claim data regarding the vehicle accident in a
graphical user interface. The user may provide to a computer system
data for each vehicle involved in a vehicle accident. The user may
provide data regarding characteristics of the vehicle accident. To
assist the user in providing data regarding characteristics of the
vehicle accident, the computer system may display graphical
representations of the characteristics such as the roadway
configurations, accident types, and impact points. The user may
identify discords within the entered data. The user may determine a
most likely set of characteristics associated with the real
accident. As needed, the user may consult a legal reference system
to determine legal information specific to the jurisdiction in
which the accident occurred. The user may be provided with an
assessment report that summarizes the estimate of liability, data
used to determine the estimate, and negotiating points regarding
the estimate.
[0022] The assessment of liability in a vehicle accident may
involve analysis of multiple statements of the description of an
accident. In one embodiment, the consistency between different
witness statements may be assessed. A graphical user interface used
for estimating liability may be used to collect information from
witness statements. The computer system may compare details given
in each witness description. The system may present the results of
the comparison in tabular form, listing for each party, its version
of the detail described. Details with inconsistent versions may be
noted in the tabulation of results.
[0023] In one embodiment for analysis of witness statements, a
graphical user interface for estimating liability may be combined
with accident reconstruction methodology to assess the credibility
of details in witness accident descriptions. Accident
reconstruction software may be applied to determine details
relating to speed, time, and distance of the vehicles involved in
the accident. The credibility of a witness statement may be
evaluated according to its consistency with the results of the
accident reconstruction software.
[0024] In one embodiment, a graphical user interface for estimating
liability may be combined with a credibility assessment method to
create a reliable accident description. The details relevant to the
accident may be tested by a credibility assessment method such as
accident reconstruction software. The most credible version of the
details may then be combined into a single, reliable version of an
accident description.
BRIEF DESCRIPTION OF THE DRAWINGS
[0025] A better understanding of the present invention may be
obtained when the following detailed description of preferred
embodiments is considered in conjunction with the following
drawings, in which:
[0026] FIG. 1 depicts an embodiment of a network diagram of a wide
area network suitable for implementing various embodiments;
[0027] FIG. 2 depicts an embodiment of a computer system suitable
for implementing various embodiments;
[0028] FIG. 3 depicts a flowchart of an embodiment of a liability
estimation process;
[0029] FIG. 4 is a diagram representing accident types according to
one embodiment;
[0030] FIG. 5 is a diagram representing roadway configurations
according to one embodiment;
[0031] FIG. 6 is a roadway configuration/accident type matrix of
applicability according to one embodiment;
[0032] FIG. 7a is a flowchart for determining the right of way
according to one embodiment;
[0033] FIG. 7b is a group of flowcharts corresponding to the
flowchart in FIG. 5a according to one embodiment;
[0034] FIG. 8a is a diagram illustrating impact points on a motor
vehicle according to one embodiment;
[0035] FIG. 8b is a table of impact groups for roadway
configuration/accident type combinations according to one
embodiment;
[0036] FIG. 9a includes tables illustrating a first method of
assessing the contribution of factors to the liability according to
one embodiment;
[0037] FIG. 9b includes a table illustrating a second method of
assessing the contribution of factors to the liability according to
one embodiment;
[0038] FIG. 9c includes a table illustrating a third method of
assessing the contribution of factors to the liability according to
one embodiment;
[0039] FIG. 10a is a flowchart for assessing the contribution of
alcohol usage to liability in a motor vehicle accident according to
a first embodiment;
[0040] FIG. 10b is a flowchart for assessing the contribution of
alcohol usage to liability in a motor vehicle accident according to
a second embodiment;
[0041] FIG. 11 is a flowchart for assessing the contribution of a
construction zone to liability in a motor vehicle accident
according to one embodiment;
[0042] FIG. 12 is a flowchart for assessing the contribution of
corrective lenses to liability in a motor vehicle accident
according to one embodiment;
[0043] FIG. 13 is a flowchart for assessing the contribution of
defective, obscured, or missing traffic control to liability in a
motor vehicle accident according to one embodiment;
[0044] FIG. 14 is a flowchart for estimating the contribution of
driver inattention to liability in a motor vehicle accident
according to one embodiment;
[0045] FIG. 15 is a flowchart for estimating the contribution of
driver inexperience to liability in a motor vehicle accident
according to one embodiment;
[0046] FIG. 16 is a flowchart for estimating the contribution of
taking an illicit drug to liability in a motor vehicle accident
according to one embodiment;
[0047] FIG. 17 is a flowchart for estimating the contribution of
taking a medication to liability in a motor vehicle accident
according to one embodiment;
[0048] FIG. 18 is a flowchart for estimating the contribution of
fatigue to liability in a motor vehicle accident according to one
embodiment;
[0049] FIG. 19 is a flowchart for estimating the contribution of
faulty equipment to liability in a motor vehicle accident according
to one embodiment;
[0050] FIG. 20a is a flowchart for estimating the contribution of
following too closely to liability in a motor vehicle accident
according to a first embodiment;
[0051] FIG. 20b is a flowchart for estimating the contribution of
following too closely to liability in a motor vehicle accident
according to a second embodiment;
[0052] FIG. 20c is a table for estimating the contribution of
following too closely to liability in a motor vehicle accident
according to the embodiment illustrated in FIG. 20b;
[0053] FIG. 21 is a flowchart for estimating the contribution of
headlights being off to liability in a motor vehicle accident
according to one embodiment;
[0054] FIG. 22 is a flowchart for estimating the contribution of
high beams being on to liability in a motor vehicle accident
according to one embodiment;
[0055] FIG. 23 is a flowchart for estimating the contribution of
illness to liability in a motor vehicle accident according to one
embodiment;
[0056] FIG. 24a is a flowchart for estimating the contribution of
an improper lane change to liability in a motor vehicle accident
according to one embodiment;
[0057] FIG. 24b is a flowchart corresponding to FIG. 24a according
to one embodiment;
[0058] FIG. 25 is a logic diagram for estimating the contribution
of improper parking to liability in a motor vehicle accident
according to one embodiment;
[0059] FIG. 26 is a flowchart for estimating the contribution of
improper signaling to liability in a motor vehicle accident
according to one embodiment;
[0060] FIG. 27 is a flowchart for estimating the contribution of an
obstructed view or glare to liability in a motor vehicle accident
according to one embodiment;
[0061] FIGS. 28 are flowcharts for estimating the contribution of
the road condition to liability in a motor vehicle accident
according to one embodiment;
[0062] FIGS. 29 are flowcharts for estimating the contribution of
the road character to liability in a motor vehicle accident
according to one embodiment;
[0063] FIGS. 30 are flowcharts for estimating the contribution of
the road surface to liability in a motor vehicle accident according
to one embodiment;
[0064] FIG. 31a is a flowchart for estimating the contribution of
speed to liability in a motor vehicle accident according to a first
embodiment;
[0065] FIG. 31b is a flowchart for estimating the maximum safe
speed for given road and weather conditions according to the first
embodiment;
[0066] FIG. 31c is a table illustrating the contribution of speed
to a motor vehicle accident according to the first embodiment;
[0067] FIG. 32a is a flowchart for estimating the contribution of
speed to liability in a motor vehicle accident according to a
second embodiment;
[0068] FIG. 32b is a flowchart for estimating the maximum safe
speed for given road and weather conditions according to the second
embodiment;
[0069] FIG. 32c is a table illustrating the contribution of speed
to a motor vehicle accident according to the second embodiment;
[0070] FIG. 33a, 33b, 33c, 33d, 33e, and 33f are flowcharts for
estimating the contribution of a sudden stop or swerving to
liability in a motor vehicle accident according to one
embodiment;
[0071] FIG. 34 is a flowchart for estimating the contribution of
taillights or brake lights being off when they should have been on
to liability in a motor vehicle accident according to one
embodiment;
[0072] FIG. 35 is a flowchart for estimating the contribution of
visibility to liability in a motor vehicle accident according to
one embodiment,
[0073] FIG. 36 is a flowchart and table for estimating the
contribution of disobeyed signs or markings to liability in a motor
vehicle accident according to one embodiment;
[0074] FIG. 37 illustrates the adjustment of a liability estimate
by the factor influence according to one embodiment;
[0075] FIG. 38 is a screen shot of a window from a Knowledge
Acquisition utility or tuning utility for selecting a roadway
configuration/accident type combination according to one
embodiment;
[0076] FIG. 39 is a screen shot of an editing combination window
from a Knowledge Acquisition utility or tuning utility according to
one embodiment;
[0077] FIG. 40 is a screen shot of a window for editing the
estimate effect of a factor according to one embodiment;
[0078] FIG. 41 is a screen shot of a Knowledge Acquisition utility
or tuning utility for displaying pairs of impact points according
to one embodiment;
[0079] FIG. 42 is a screen shot of a claim Data window according to
one embodiment;
[0080] FIG. 43 is a screen shot of a Vehicle Information frame
according to one embodiment;
[0081] FIG. 44 is a screen shot of an Additional Information frame
according to one embodiment;
[0082] FIG. 45 is a screen shot of a Parties Information frame
according to one embodiment;
[0083] FIG. 46 is a screen shot of a Legal Reference window
according to one embodiment;
[0084] FIG. 47 is a screen shot of a Right of Way data frame
according to one embodiment;
[0085] FIG. 48 is a screen shot of a Traffic Controls data frame
according to one embodiment;
[0086] FIG. 49 is a screen shot of a Impact Points data frame
according to one embodiment;
[0087] FIG. 50 is a screen shot of a Discords Report frame
according to one embodiment;
[0088] FIG. 51 is a screen shot of a Factors Input frame according
to one embodiment;
[0089] FIG. 52 is a screen shot of a Conflict Identification frame
according to one embodiment;
[0090] FIG. 53 is a screen shot of a Review frame according to one
embodiment;
[0091] FIG. 54 is a screen shot of a Manual Assessment window
according to one embodiment; and
[0092] FIG. 55 is a screen shot of the Consultation Report window
according to one embodiment.
[0093] While the invention is susceptible to various modifications
and alternative forms, specific embodiments thereof are shown by
way of example in the drawings and will herein be described in
detail. It should be understood, however, that the drawings and
detailed description thereto are not intended to limit the
invention to the particular form disclosed, but on the contrary,
the intention is to cover all modifications, equivalents and
alternatives falling within the spirit and scope of the present
invention as defined by the appended claims.
DETAILED DESCRIPTION OF SEVERAL EMBODIMENTS
[0094] FIG. 1 illustrates a wide area network ("WAN") according to
one embodiment. WAN 102 may be a network that spans a relatively
large geographical area. The Internet is an example of WAN 102. WAN
102 typically includes a plurality of computer systems that may be
interconnected through one or more networks. Although one
particular configuration is shown in FIG. 1, WAN 102 may include a
variety of heterogeneous computer systems and networks that may be
interconnected in a variety of ways and that may run a variety of
software applications.
[0095] One or more local area networks ("LANs") 104 may be coupled
to WAN 102. LAN 104 may be a network that spans a relatively small
area. Typically, LAN 104 may be confined to a single building or
group of buildings. Each node (i.e., individual computer system or
device) on LAN 104 may have its own CPU with which it may execute
programs, and each node may also be able to access data and devices
anywhere on LAN 104. LAN 104, thus, may allow many users to share
devices (e.g., printers) and data stored on file servers. LAN 104
may be characterized by a variety of types of topology (i.e. the
geometric arrangement of devices on the network), of protocols
(i.e., the rules and encoding specifications for sending data, and
whether the network uses a peer-to-peer or client/server
architecture), and of media (e.g., twisted-pair wire, coaxial
cables, fiber optic cables, and for radio waves).
[0096] Each LAN 104 may include a plurality of interconnected
computer systems and optionally one or more other devices such as
one or more workstations 110a, one or more personal computers 112a,
one or more laptop or notebook computer systems 114, one or more
server computer systems 116, and one or more network printers 118.
As illustrated in FIG. 1, an example LAN 104 may include one of
each computer systems 110a, 112a, 114, and 116, and one printer
118. LAN 104 may be coupled to other computer systems and/or other
devices and/or other LANs 104 through WAN 102.
[0097] One or more mainframe computer systems 120 may be coupled to
WAN 102. As shown, mainframe 120 may be coupled to a storage device
or file server 124 and mainframe terminals 122a, 122b, and 122c.
Mainframe terminals 122a, 122b, and 122c may access data stored in
the storage device or file server 124 coupled to or included in
mainframe computer system 120.
[0098] WAN 102 may also include computer systems connected to WAN
102 individually and not through LAN 104 for purposes of example,
workstation 110b and personal computer 112b. For example, WAN 102
may include computer systems that may be geographically remote and
connected to each other through the Internet.
[0099] FIG. 2 illustrates an embodiment of computer system 150 that
may be suitable for implementing various embodiments of a system
and method for assessment of liability in a motor vehicle accident
by considering characteristics that describe such an accident
combined with expert knowledge collected from experienced claims
adjusters. Each computer system 150 typically includes components
such as CPU 152 with an associated memory medium such as floppy
disks 160. The memory medium may store program instructions for
computer programs. The program instructions may be executable by
CPU 152. Computer system 150 may further include a display device
such as monitor 154, an alphanumeric input device such as keyboard
156, and a directional input device such as mouse 158. Computer
system 150 may be operable to execute the computer programs to
implement assessment of liability in a motor vehicle accident by
considering characteristics that describe such an accident combined
with expert knowledge collected from experienced claims
adjusters.
[0100] Computer system 150 may include a memory medium on which
computer programs according to various embodiments may be stored.
The term "memory medium" is intended to include an installation
medium, e.g., a CD-ROM or floppy disks 160, a computer system
memory such as DRAM, SRAM, EDO RAM, Rambus RAM, etc., or a
non-volatile memory such as a magnetic media, e.g., a hard drive or
optical storage. The memory medium may also include other types of
memory or combinations thereof. In addition, the memory medium may
be located in a first computer which executes the programs or may
be located in a second different computer which connects to the
first computer over a network. In the latter instance, the second
computer may provide the program instructions to the first computer
for execution. Also, computer system 150 may take various forms
such as a personal computer system, mainframe computer system,
workstation, network appliance, Internet appliance, personal
digital assistant ("PDA"), television system or other device. In
general, the term "computer system" may refer to any device having
a processor that executes instructions from a memory medium.
[0101] The memory medium may store a software program or programs
operable to implement a method for assessment of liability in a
motor vehicle accident by considering characteristics that describe
such an accident combined with expert knowledge collected from
experienced claims adjusters. The software program(s) may be
implemented in various ways, including, but not limited to,
procedure-based techniques, component-based techniques, and/or
object-oriented techniques, among others. For example, the software
programs may be implemented using ActiveX controls, C++ objects,
JavaBeans, Microsoft Foundation Classes ("MFC"), browser-based
applications (e.g., Java applets), traditional programs, or other
technologies or methodologies, as desired. A CPU such as host CPU
152 executing code and data from the memory medium may include a
means for creating and executing the software program or programs
according to the embodiments described herein.
[0102] Various embodiments may also include receiving or storing
instructions and/or data implemented in accordance with the
foregoing description upon a carrier medium. Suitable carrier media
may include storage media or memory media such as magnetic or
optical media, e.g., disk or CD-ROM, as well as signals such as
electrical, electromagnetic, or digital signals, may be conveyed
via a communication medium such as networks 102 and/or 104 and/or a
wireless link.
[0103] FIG. 3 is a flowchart of an embodiment of a liability
estimation process for vehicle accidents according to one
embodiment. As used herein, the term "liability" generally refers
to an amount for which a person or party is responsible or
obligated. In an embodiment, liability in an accident may be
expressed in a ratio or percentage (e.g., there is a total of 100%
liability that can be attributed to persons, parties, or other
factors such as weather, etc.). In another embodiment, liability
may be expressed as a dollar amount.
[0104] An embodiment may apply to accidents involving many
different types of vehicles (e.g., automobiles, light trucks, heavy
trucks, motor cycles, school buses, vans, commercial trucks,
tractor-trailers, motor homes, recreational vehicles, commercial
buses, farming related vehicles, tractors). It is anticipated that
an embodiment may apply to accidents involving other types of
transportation craft such as boats and airplanes. It is also
anticipated that an embodiment may apply to other types of
accidents such as premises liability, which may include slip, trip
and fall, dog bite, food poisoning, etc.
[0105] When two or more vehicles are involved in a motor vehicle
accident, typically an estimation of liability is needed in order
to settle a claim that a claimant may make against an insured. As
used herein, the term "claimant" generally refers to a party
involved in an accident that seeks compensation for bodily injury
and/or property damage from the claims organization of an insurance
carrier of another party, the insured, involved in the accident. As
used herein, the term "insured" generally refers to a party
involved in an accident who holds an insurance policy with a claims
organization of an insurance carrier that obligates the claims
organization of an insurance carrier to compensate a third party
for the portion of the damages suffered by the third party that was
the fault of the insured party in the accident.
[0106] The estimation of liability may be a complicated process
involving multiple characteristics. Gathering the characteristics
may typically be a task completed by a claims adjuster. As used
herein, the term "claims adjuster" generally refers to an
individual employed by a claims organization of an insurance
carrier who assesses the liability of each party involved in an
accident. When the claims adjuster has collected some or all of the
information available, the claims adjuster may enter the
information into a computer system. Examples of data input screens
that may be suitable for entering accident information into a
computer are shown in FIGS. 42-55.
[0107] The claims adjuster may provide to a computer system a real
set of characteristics relating to a real accident. As used herein
the term "real characteristics" generally refers to characteristics
that describe an accident being considered for liability
assessment. The computer system may have access to a memory that
contains sets of characteristics that correspond to past or
theoretical accidents. As used herein, the term "past accident"
generally refers to an accident that occurred in the past of which
certain characteristics may be stored in a memory of a computer
system. As used herein, the term "theoretical accident" generally
refers to an accident that might occur. The computer system may be
configured to provide an estimate of liability for each set of
characteristics in the memory.
[0108] The computer system may correlate the real set of
characteristics from the real accident to the sets of
characteristics in the memory to determine a set of characteristics
that most closely approximates or matches the real set of
characteristics. The computer system may then use the estimates of
liability for the sets of characteristics in the memory 20 to
estimate liability for the real accident. It is anticipated that
one or more of the sets of characteristics may be used to estimate
liability.
[0109] FIG. 3 provides an overview of an embodiment of a liability
estimation process based on multiple characteristics that may
describe a vehicle accident. In step 301, a 25 claims adjuster may
identify a set of real characteristics relating to a real accident.
A set of real characteristics may include, but are not limited to,
roadway configuration, accident type, and impact points of each
motor vehicle. Additionally, the real set of characteristics may
include identification of traffic controls at the scene of the
accident. Screen shots illustrating examples of providing each of
these characteristics to a computer system may be found as follows:
roadway configurations in FIG. 47, accident types in FIG. 47,
traffic controls in FIG. 48, and impact points in FIG. 49.
[0110] In step 302, the right of way ("ROW") may be established by
a computer system from one or more of the real characteristics.
Additionally, the computer system may ask one or more questions
about the real accident to establish the ROW. At least one of the
real characteristics may include a roadway configuration, an
accident type, or a traffic control. FIGS. 7a and 7b show
flowcharts that illustrate an embodiment of right of way
determination. Alternatively, the claims adjuster may specify the
ROW.
[0111] In step 303, a base liability may be estimated from a table
or database of characteristics that contain sets of characteristics
that correspond to past or theoretical accidents. As used herein,
the term "base liability" generally refers to the portion of the
liability that is independent of factors specific to condition of
vehicles in the accident, condition of drivers in the accident,
actions of drivers in the accident, and environmental conditions
common to vehicles in the accident. A computer system may have
access to a memory that contains sets of characteristics such as
roadway configuration, accident type, traffic control, right of
way, and impact points of the vehicles involved in the vehicle
accidents that correspond to past or theoretical accidents. Each of
the sets of characteristics for past or theoretical accidents may
be associated with an estimate of base liability. FIGS. 37 to 41
are screen shots of a knowledge acquisition utility and a tuning
utility that may be utilized to input base liability information
into a computer system. The utilities may be used to create a
database of sets of characteristics that correspond to past or
theoretical accidents.
[0112] The computer system may compare the real set of
characteristics established or identified in the earlier steps
(e.g., roadway configuration, accident type, traffic control, right
of way, impact points) to the sets of characteristics relating to
past or theoretical accidents to determine a nearest matching set
of characteristics among the sets of characteristics relating to
past or theoretical accidents. The computer may then determine an
estimate of liability for the real accident based on the estimate
of liability associated with the nearest matching set of
characteristics among the sets of characteristics relating to past
or theoretical accidents. It is anticipated that a computer system
may be configured to provide an estimate of liability using at
least one of the sets of characteristics that correspond to past or
theoretical accidents.
[0113] In step 304, the claims adjuster may identify to the
computer system one or more factors corresponding to a real
accident. The factors may include characteristics specific to
condition of vehicles in the accident, condition of drivers in the
accident, actions of drivers in the accident, or environmental
conditions common to vehicles in the accident. The computer system
may have access to a memory that contains corresponding factors
associated with one or more past or theoretical accidents. One or
more of the factors associated with past or theoretical accidents
may be associated with an estimate of the effect on liability of
the factor. The computer system may compare the factors associated
with the real accident to factors associated with past or
theoretical accidents to determine one or more nearest matching
factors. Estimates of the effect on liability of the determined
nearest matching factors may be used to estimate the effect on
liability of the factors associated with the real accident. FIG. 51
is a screen shot showing a graphical user interface for entering
conditional factors into a computer system.
[0114] In some embodiments, the estimate of the effect on liability
of each factor may be adjustable. For example, the adjustments may
be due to sets of characteristics corresponding to the real
accident, the preference of a claims organization, knowledge of an
experienced claims adjuster, or requirements of a jurisdiction in
which the accident took place. FIGS. 10a through 36 illustrate
several embodiments of estimates of the effect on liability of
several factors which may be associated with theoretical accidents.
It is anticipated that there are other methods than those shown in
and described in reference to FIGS. 10a to 36 to estimate effects
on liability due to the contribution of various factors.
[0115] In step 305, any necessary adjustments to the base liability
estimated in step 303 due to contributions from factors estimated
in 304 may be made. One example of a necessary adjustment may be an
Absolute Liability Value. As used herein, the term "Absolute
Liability Value" ("ALV") is generally defined as a factor that
makes a significant contribution to liability such as negating the
effect of other factors or characteristics associated with the
accident. An ALV may also be defined as a factor that may adjust
the liability beyond the lower and upper bounds defined for the
liability. However, an ALV may not always shift liability to the
other party. For example, an ALV might simply absolve one party of
liability and explain the accident as being unavoidable. In such a
situation, the contribution of various factors and characteristics
may be ignored and an ALV may be assigned. For example, if a person
had a sudden, unforeseen heart attack that caused an accident, the
base liability might be determined to be 75 percent, but the final
liability may be set via an ALV at 0 percent because the accident
was probably unavoidable.
[0116] In step 306, all of the previously entered information may
be taken into account and processed. Reference to expert knowledge
databases, and other static information (such as jurisdictional
information) may be made in calculating a range of liability. A
range of liability may be more suitable than a single value in
negotiations between parties regarding fault.
[0117] FIG. 4 illustrates graphical representations of various
different accident types involving motor vehicles according to one
embodiment. The arrows represent the paths of motor vehicle A and
motor vehicle B at or near the time of the accident. Solid lines
with no arrows represent the edge of a roadway. Dashed lines
represent lanes. The user may select an accident type that
corresponds to the real vehicle accident as shown in the screen
shot in FIG. 47. As used herein, the term "user" generally refers
to a claims adjuster or another individual employed by a claims
organization. Accident types graphically represented in FIG. 4 may
include: (1) a rear ender, (2) a left turn crossing traffic, (3) a
left turn across traffic, (4) a left turn entering traffic, (5) a
right turn entering traffic, (6) dual turns to same lane, (7)
concurrent left turns, (8) a U-turn, (9) a parked vehicle merging
into traffic from right, (10) a parked vehicle merging into traffic
from left (e.g. on a one way street), (11) a merge from the left,
(12) a merge from the right, (13) concurrent merges to a single
lane, (14) a collision with a parked vehicle, (15) a collision
while backing, (16) a head on, and (17) a straight cross traffic
collision. Additionally, in some embodiments, a right turn across
traffic accident type (not shown) may be represented.
[0118] FIG. 5 illustrates graphical representations of various
different roadway configurations according to one embodiment. The
user may select one of the roadway configurations that correspond
to a real vehicle accident as shown in the screen shot in FIG. 47.
Roadway configurations graphically represented in FIG. 5 may
include: (A) a two or more lane road (including a divided road with
a median that may be crossed), where the solid lines are the
roadway and the space between is the median; (B) a four-way
intersection with the lines representing the crossing roadways; (C)
a T-angle intersection (the T-angle that may vary), where the solid
lines are the roadway and where the dashed line represents the
variation of the angle of the intersection; (D) a merging of one
roadway into another with no turns and in one direction with the
arrows showing the direction of the vehicles; (E) a curve with the
lines showing the roadway; (F) a parking lot with two-way traffic
where the arrows show the direction of the vehicles, the vertical
lines represent the boundary of the parking lot, and the spaces
between the horizontal lines represent the parking spaces; (G) a
parking lot with one way traffic where the arrow shows the
direction of the vehicles, the vertical lines represent the
boundary of the parking lot, and the spaces between the diagonal
lines represent the parking spaces; (H) a center turn lane with the
bold lines representing the boundary of the roadway, the thin lines
marking the boundary between the driving lanes and the center turn
lane, and the arrows representing the direction of the center lane
turns; (I) a two or more lane road divided by a physical barrier
with the thicker center line representing the physical barrier and
the thinner lines representing the outer boundaries of the
roadway.
[0119] Alternatively, the roadway configurations of the parking
lots, (F) and (G), may be represented by a single diagram, (FG),
shown in FIG. 5. (FG) is the same as (F), except that the parking
spaces on the right of the diagram are formed by diagonal lines. In
an embodiment, (FG) may be used to represent a parking lot of any
configuration.
[0120] FIG. 6 is a matrix illustrating the applicable roadway
configuration/accident type combinations in liability estimation
according to one embodiment. Accident types, (1) to (17) from FIG.
4, are listed on the vertical axis. Roadway configurations, (A) to
(I) from FIG. 5, are listed on the horizontal axis. The alternative
representation of the parking lots (F) and (G), (FG) is also
included on the horizontal axis.
[0121] Experienced claims adjusters may consider combinations
labeled "N" to be implausible accident scenarios and, therefore,
not significant in liability assessment of motor vehicle accidents.
Thus, combinations labeled "Y" may be considered a set of
theoretical accident scenarios. FIG. 38 is a screen shot of a
Knowledge Acquisition Utility, which shows a matrix of roadway
configuration/accident types similar to FIG. 6. In FIG. 38, the
elements of the matrix labeled with a "--" indicate implausible
combinations. In the embodiment of FIG. 38, the implausible
combinations are a subset of the combinations labeled with an "N"
in FIG. 6 because the knowledge acquisition utility allows the user
to consider some implausible combinations. An example of a
combination marked as implausible in both FIG. 6 and 38 is D2, left
turn crossing traffic on a merge with no turns in one direction. An
example of a combination that may be considered implausible in FIG.
6, but may be allowed for consideration in FIG. 38 is 116, a head
on collision on a 2 or more lane road divided by a physical
barrier.
[0122] FIG. 7a and 7b depict flowcharts for determining whether
vehicle A or vehicle B has the right of way in traffic according to
one embodiment. As used herein, the term "right of way" generally
refers to the right of a vehicle to take precedence in traffic. The
determination of right of way may require identification of one or
more of the characteristics of the real accident (e.g., the roadway
configuration, accident type, traffic control, or jurisdiction).
Additionally, determining the right of way may require answering
one or more questions concerning the accident. Alternatively, in
some embodiments, the right of way may be specified by the user.
FIG. 7b includes flowcharts of determinations that appear in the
flowchart in FIG. 7a. In FIG. 7b, the Intersection flowchart
identifies the accident types that involve intersections. The
Perpendicular Directions flowchart identifies the accident types
that involve vehicles approaching from perpendicular directions. In
Adjuster Preference, the claims adjuster may either assign the
right of way to vehicle A or B, or defer to the insurance carrier's
or claims organization's preference.
[0123] As shown by decision point 501 in FIG. 7a, the determination
of the right of way may depend on the accident types illustrated in
FIG. 4. The right of way may be determined from the accident type
alone in some cases. For example, in accident types 9 and 10, merge
of a parked vehicle, the vehicle already in traffic may have the
right of way. Likewise, in accident types 11 and 12, the merge of a
moving vehicle, the vehicle already in the lane may have the right
of way. These determinations are shown by step 503 in which vehicle
A in accident type diagrams 9, 10, 11 and 12 in FIG. 4 has the
right of way. Additionally, as depicted in step 505, vehicle A may
be determined to have the right of way if vehicle A is parked
(accident type 14) or vehicle B is backing up (accident type
15).
[0124] For accident type 1, decision point 507 shows that the right
of way may depend on which vehicle was ahead in the rear-ender. If
vehicle B was ahead (as depicted in FIG. 4), step 511 shows that B
may have the right of way. If vehicle A was ahead, step 509 shows
that A may have the right of way. Alternatively, if it is unknown
which vehicle was ahead (e.g., due to the circumstances or severity
of the accident), step 513 indicates that the right of way may be
undetermined. For an undetermined right of way the base liability
of each vehicle may be set at 50%.
[0125] As shown in FIG. 7a, for accident types 2, 3, 4, 5, 6, 7, 8,
13, 16, and 17, the first step 515 is the intersection decision
point, which is determination of whether the accident occurred at
an intersection. The intersection flowchart is illustrated in FIG.
7b. Decision point 582 indicates that the presence of an
intersection may be found from the accident type. If the accident
type is 2, 3, 4, 5, 6, 7, 8, or 17, step 583 indicates that there
may be an intersection. If the accident type is 1, 9, 10, 11, 12,
13, 14, 15, or 16, step 584 indicates an intersection may not be
present. Alternately, in some embodiments, the presence of an
intersection may be determined from roadway configuration
information provided by the user. For example, roadway
configurations A, E, F, G, I and FG may indicate that in
intersection may not be present. Roadway configurations B, C, D,
and H may indicate that an intersection may be present.
[0126] FIG. 7a shows that if there is no intersection, the next
step is decision point 519. Decision point 519 is the determination
of which vehicle left the lane it was in. As shown by steps 521 and
523, the vehicle that remained in the lane it was in may have the
right of way. Alternatively, if both vehicles left their lanes,
step 525 indicates that the right of way may be undetermined. In
this case, the base liability may be assessed at 50% for each
vehicle.
[0127] FIG. 7a shows that when there is an intersection, the next
step is decision point 517 which is a determination of whether
there is a traffic control for either vehicle A or B. If not,
decision point 529 indicates that the right of way may depend on
which vehicle left the lane it was in. Steps 531, 533, and 535 are
analogous to steps 521, 523, and 525. However, if neither vehicle
left the lane it was in, step 525 indicates that the vehicle that
controls the intersection may have the right of way as shown by
flowchart 537. The vehicle that controls the intersection may be
determined by flowchart 537 shown in FIG. 7b. Decision point 589 in
FIG. 7b is the first step in determining who controls the
intersection. Decision point 589 asks which vehicle arrived at the
intersection first. As shown by steps 590 and 591, the vehicle that
arrived first at an intersection may control it. If neither vehicle
arrived first, decision point 592 asks which vehicle is to the
right. Steps 593 and 594 show that the vehicle to the right may
control the intersection.
[0128] As illustrated in FIG. 7a, if the answer to decision point
517 is yes, then decision point 527 is next which asks the type of
traffic control. Decision point 539, which is reached if the
traffic control is a sign, asks if the sign is obscured or down. If
the sign is obscured or down, step 543 shows that right of way may
be determined by the adjuster. Adjuster determination is shown by
the flowchart in FIG. 7b. Decision point 585 in FIG. 7b is the
adjuster's answer for which vehicle, A or B. has the right of way,
which is shown as steps 586 and 587. If the adjuster does not have
an answer, then the right of way may be the carrier's preference as
shown by step 588.
[0129] However, if the answer to decision point 539 is no, decision
point 545 asks which vehicle had a non-yielding traffic control.
Step 547 shows that if A had the non-yielding traffic control, then
B may have the right of way. Step 549 shows that if B had the
non-yielding traffic control, then A may have the right of way.
Step 551 applies if neither A nor B has the non-yielding traffic
control. The right of way may be determined by the vehicle that
controls the intersection, which may be determined by the flowchart
shown in FIG. 7b.
[0130] Alternatively, if the answer to decision point 527 is a
traffic light, then decision point 541 asks if the light was out
for both vehicles. If the light was out for both, then right of way
may be determined by who controls the intersection, which is shown
in FIG. 7b. If the answer to decision point 541 is no, decision
point 555 asks if the light was out for only one vehicle. If the
light was out for only one vehicle, then right of way may be found
from adjuster determination, which is given by the flowchart in
FIG. 7b. However, if the answer to decision point 555 is no,
decision point 559 is reached. Decision point 559 asks which
vehicle has a non-yielding traffic control. As step 561 shows, if A
has the non-yielding traffic control and B does not, then B may
have the right of way. As step 563 shows, if B has the non-yielding
traffic control and A does not, then A may have the right of way.
If neither A nor B has the non-yielding traffic control, then
decision point 565 is reached, which inquires whether both had a
red light. If the answer to decision point 565 is yes, the right of
way may be undetermined, as shown in step 567. In this case, the
base liability may be assessed at 50% for each vehicle. If the
answer to decision point 565 is no, then right of way may be
determined by the vehicle that controls the intersection. The
vehicle that controls the intersection may be determined by the
flowchart shown in FIG. 7b. If both vehicles in decision point 559
have non-yielding traffic controls, then decision point 571 is
reached. Decision point 571 asks whether the vehicles were
approaching in perpendicular directions, which may be determined
from the flowchart in FIG. 7b. As shown by decision point 595 in
FIG. 7b, whether the vehicles were approaching in perpendicular
directions may be determined from the accident types shown in FIG.
4. Step 596 shows that the answer is yes if the accident type is 3,
4, 5, or 17. Step 597 shows that the answer is no if the accident
type is 1, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, or 16. If the
vehicles were approaching in perpendicular directions, then right
of way may be determined by the adjuster. Adjuster determination
may be given by the flowchart in FIG. 7b. If the vehicles were not
approaching in a perpendicular direction, then decision point 529
shows that the right of way again may depend on which vehicle left
the lane it was in. Steps 577, 579, and 591 are analogous to steps
521, 523, and 525.
[0131] An example of a screen shot of user input of a traffic
control is shown in FIG. 48. An example of a screen shot of user
input of the jurisdiction is shown in FIG. 42. Jurisdiction may
include each of the fifty states of the United States and
territories of the United States. In another embodiment,
jurisdiction may include any governmental entity with traffic laws,
such as a foreign country. The vehicle that does not have the right
of way may generally be referred to as the "tortfeasor" ("TF") and
the vehicle that has the right of way may generally be referred to
as the "other party" ("OP"). For the case of an undetermined right
of way, both parties may be considered the "other party" when
determining the effect of one or more factors on the liability.
[0132] In an embodiment, a traffic control may be considered as
"yielding" or "nonyielding." As used herein, the term "yielding
traffic control" generally refers to a traffic control that informs
a driver that he or she must give way (or stop) for other traffic.
As used herein, the term "nonyielding traffic control" generally
refers to a traffic control that informs the driver that he or she
may proceed. Traffic controls may be further divided into three
categories: pure, other explicit controlling devices, and markings
and signs. Yielding pure traffic controls may include, but are not
limited to, no traffic control present, a red light, a stop sign, a
yield sign, a flashing red light, or a police officer signaling
stop. Nonyielding pure traffic controls may include, but are not
limited to, a yellow light, a green light, a green arrow left, a
green arrow right, a flashing yellow light, or a police officer
signaling proceed.
[0133] Yielding other explicit controlling devices may include a
crossing guard signaling stop, a flagger signaling stop, another
person signaling stop, and a school bus loading or unloading.
Nonyielding other explicit controlling devices may include a
crossing guard signaling proceed, a flagger signaling proceed, or
another person signaling proceed. In some embodiments, emergency
vehicle may also be yielding traffic controls depending upon the
jurisdiction.
[0134] Whether a traffic control in the pure category overrides a
selection in the other explicit controlling devices category may
depend upon the jurisdiction. For example, whether a vehicle with a
green light must yield to an approaching emergency vehicle may vary
depending on the jurisdiction.
[0135] In one embodiment, a user may only select one traffic
control from each category. The user may not have to select a
traffic control from more than one category. If a user does select
more than one, then the user may select which category should be
considered as the governing control. A secondary traffic control
may be listed in a report as informational only.
[0136] Markings and signs such as lane markings may also be traffic
controls. In some embodiments, the presence of markings or signs
may be noted for informational purposes. For example the presence
of a disobeyed marking may be noted for use as a negotiation or
talking point rather than being used to estimate liability or right
of way. The markings and signs may include, but are not limited to:
a one way sign or marking, a do not enter sign or marking, a no
passing sign or marking, a no parking zone sign or marking, a
straight only sign or marking, a left turn only sign or marking, a
right turn only sign or marking, no U turn sign or marking, a no
right turn on red sign, cones and/or barricades, a solid yellow
line, a solid white line, or a no stopping sign or marking.
[0137] FIG. 8a is an illustration of a graphical representation of
the impact points on a vehicle according to one embodiment. FIG. 8a
is a graphical representation of a vehicle that is divided into
twelve sections: 801--right front corner, 802--right front fender,
803--right middle, 804--right rear quarter-panel, 805--right rear
corner, 806--rear middle, 807--left rear corner, 808--left rear
quarter-panel, 809--left middle, 810--left front fender, 811--left
front corner, and 812--front middle. Each of the labeled sections
may correspond to a possible point of impact in a motor vehicle
accident.
[0138] FIG. 8b is a table showing impact groups for combinations of
roadway configuration and accident type according to one
embodiment. A given roadway configuration/accident type combination
may have a number of possible impact groups. As used herein, the
term "impact group" generally refers to a collection of pairs of
impact points for a past or theoretical accidents. A pair of impact
points may include the impact point for each of two vehicles
involved in an accident. In some embodiments, each pair of impact
points may be associated with sets of liability estimate values.
One set of values may correspond to vehicle A having the right of
way and the other set of values to vehicle B having the right of
way. Each set of values may include a value of base liability, a
lower bound of liability, and an upper bound of liability for each
vehicle. Alternately, in some embodiments, each impact group may be
associated with sets of values corresponding to base liability
values. It is anticipated that there may be various ways to arrange
impact points in impact groups.
[0139] For example, as shown in FIG. 8b, impact points associated
with the roadway configuration/accident type combination 2B (a
four-way intersection with vehicle A from top turning left and B
from bottom going straight), may be grouped into four impact
groups. A first impact group may include three pairs of impact
points: A811B809, A811B810, and A810B808. A and B refer to motor
vehicle A and motor vehicle B, respectively, and the numbers refer
to points on the impact point diagram in FIG. 8a. For example, the
impact point pair, A811B809, corresponds to vehicle A with an
impact point on the left front fender (811) and vehicle B with an
impact point on the left middle (809).
[0140] In an embodiment, each of the pairs of impact points in a
given impact group may have the same base liability and lower and
upper bound of liability. The estimation of the base liability
values, lower and upper bounds of liabilities, and the impact
groups may be estimated by expert claims adjusters through a
process called knowledge acquisition.
[0141] In an embodiment, the base liability and the bounds of the
liability for two vehicles involved in an accident may be estimated
for a real accident by first specifying the roadway configuration
(as shown in FIG. 5), accident type (as shown in FIG. 4), and pair
of impact points (as shown in FIG. 8a) of vehicles A and B for the
real accident. The vehicle that had the right of way may be
determined as shown in FIGS. 7a and 7b. A table, like the one shown
in FIG. 8b, may be searched for the impact group corresponding to
the given roadway configuration/accident type combination that
contains the specified pair of impact points that correspond to a
past or theoretical accident. Once the roadway
configuration/accident type combination and impact group of the
past or theoretical accident are known, the base liability and
bounds may be extracted from a table in a database that lists the
base liabilities and bounds for each impact group for all
applicable roadway configuration/accident type combinations.
[0142] FIG. 9a illustrates an embodiment of a method of estimating
the effect of one or more factors on the liability. Factor
adjustments may be considered for each vehicle based on data
specific to condition of vehicles in the accident, condition of
drivers in the accident, actions of drivers in the accident, or
environmental conditions common to vehicles in the accident. Each
factor may have an associated penalty value that may correspond to
an amount that an experienced claims adjuster may add to the base
liability when this factor is present alone. A user may identify
the presence of factors in a real accident and provide a list of
factors to the computer system.
[0143] In an embodiment, factors related to the condition of
vehicles in the accident may include the presence of faulty
equipment. As used herein, the term "faulty equipment" generally
refers to any vehicle equipment malfunction that causes an action
(e.g., stuck accelerator causes unwanted acceleration), prohibits
the operator from taking action (e.g., failed braking system
prevents stopping), or fails to perform an action (e.g., failed
brake lights do not warn other drivers of braking). In an
embodiment, factors related to environmental conditions common to
the vehicle may include, but are not limited to, presence of a
construction zone, an obstructed view or glare, a road condition, a
road character, a road surface, a defective traffic control,
weather or visibility. In an embodiment, the factors related to a
driver's condition may include, but are not limited to, consumption
of alcohol, consumption of illicit drugs, consumption of
medications, driver inattention, lack of required corrective
lenses, driver inexperience, driver fatigue, or driver illness. In
an embodiment, factors related to a driver's actions may include,
but are not limited to, following too closely, driving with
headlights off, driving at an unsafe speed, a sudden stop or
swerve, driving with taillights brake lights off, unsafe backing,
failure to take evasive action, driving with high beams on, an
improper lane change, improper parking, or improper signaling.
[0144] FIG. 9a is an illustration of one embodiment for estimating
the effect on liability of one or more factors. The decision to
apply a particular factor in a given situation may be made by an
experienced claims adjuster. In alternate embodiments, the factor
may be applied by a computer system based on input provided by a
claims adjuster. The computer system may ask the claims adjuster
one or more questions regarding the accident. Based on answers
provided by the claims adjuster, the computer system may determine
that one or more factors apply.
[0145] In the embodiment depicted in FIG. 9a, the effect of a
factor on the liability may be adjusted by a situational weight for
each roadway configuration/accident type and vehicle. A situational
weight may have four levels: N/A (factor not applicable), low,
normal, and high. An experienced claims adjuster may determine an
appropriate situational weight to apply. In an alternate
embodiment, a computer system may be configured to determine an
appropriate situational weight based on information provided by a
claims adjuster. For example, in a rear-ender, a factor related to
the consumption of alcohol (e.g., being drunk) may be considered
more important than it is in other types of accidents. Therefore,
the situational weight may be "high" for the rear vehicle. However,
whether the driver of the lead vehicle has consumed alcohol may be
irrelevant. Thus, a situational weight of "N/A" may be assigned to
the factor. Each level of the situational weight may be assigned a
percentage. For example, the situational weight may be 50 percent
for low and 150 percent for high.
[0146] In the example depicted in FIG. 9a, base liability values
may have already been determined from a table of base liabilities
of past or theoretical accidents, as was described in reference to
FIG. 8b. For example, the insurance carrier may have determined
that the base liability for the insured was 80%, with a lower bound
of 50% and an upper bound of 100%. Consequently, base liability for
the claimant may be 20%.
[0147] In an embodiment, the levels of the situational weights
(e.g., N/A, low, normal, and high) may be represented as percent
weights (e.g., 0%, 50%, 100%, and 150%, respectively). In some
embodiments, for a given factor, the penalty value, the situational
weight, the percent weight, and whether or not the factor may apply
may be specified by the user. If the factor applies, the adjusted
penalty may be estimated by multiplying the penalty value by the
percent weight associated with the determined situational weight.
For example, the adjusted penalty of 22.5% for alcohol for the
insured may be estimated by multiplying the penalty (e.g., 15%) by
the percent weight (e.g., 150%) associated with the determined
situational weight (e.g., "high"). In an embodiment, answers to
questions in the flowcharts may be used to determine whether a
situational weight associated with a factor is low, medium, high,
or not applicable.
[0148] In other embodiments, the penalty, and/or situational weight
may not be determined directly by a user. In such an embodiment,
the penalty and/or situational weight may be determined from the
answers to a series of questions. The questions may be specific to
one party (e.g., the tortfeasor or other party). The questions may
relate to roadway configuration, accident type, and/or other
characteristics of the accident. FIGS. 10a to 36 are flowcharts
that depict methods of determining penalties values associated with
various factors. In the FIGS. 10a to 36, the penalty values may be
represented in certain of the flowchart terminuses as percentage
values. In certain flowcharts, the penalty values may be
represented by the terms "low," "medium," or "high." These terms
may represent variables that correspond to penalty values. For
example, the "low" term may correspond to a penalty value of 10%,
the "medium" term may correspond to a penalty value of 20%, and the
"high" term may correspond to a penalty value of 30%. In some
embodiments, the penalty values associated with each of these terms
may be configurable by the claims organization. In some
embodiments, all of the penalty values determined by methods such
as those depicted in FIGS. 10a through 36 may be configurable by
the claims organization.
[0149] In some cases, a factor may be determined to be a talking
point ("TP"). As used herein, the term "talking point" generally
refers to a factor that may not affect liability and may be
informational only because the liability may be inherent in the
base liability for the roadway configuration/accident type
combination and the right of way. In certain embodiments, a
computer system may gather information related to an accident and
note for the user talking points identified from the information.
Talking points may be useful if two or more parties must come to a
negotiated agreement regarding the assessment of liability from the
accident. A factor may also be determined to be an ALV.
[0150] In some embodiments, the situational weight for a factor may
not be controlled directly by the user. In such embodiments, a
factor ranking may be provided by the user to indirectly adjust the
effect of a factor. For example, the user may rank factors on a
scale of 0 to 5. The ranking factor may take into account the
importance that a given factor has to a claims organization when it
is not related to the characteristics of a particular accident. A
knowledge acquisition utility may be provided via a computer
system. The knowledge acquisition utility may ask the user a series
of questions related to one or more factors, and determine a
ranking factor from answers provided by the user. Alternately, the
user may be presented directly with a list or factors and may be
asked to rank each factor on a provided scale. In such embodiments,
factors ranked as having a greater importance may be provided a
situational weight. Such a method may be used in some embodiments
to determine penalty values associated with one or more
factors.
[0151] One method of applying the factor ranking to situational
weights may be to assign a weight in terms of a percentage value
between 0 and 100%. A rank of 0 may correspond to 0% and a rank of
5 may correspond to 100%. Ranks between 0 and 5 may be assigned
values in 20% increments. If a value is assigned to the situational
weight for a given factor, the situational weight may be adjusted
by the ranking factor. For example, if the system estimates that
high beams have a situational weight of 10 percent, and the claims
organization gave a rank of 4 to high beams, the adjusted
situational weight may be 8 percent.
[0152] As used herein, the term "penalty value" generally indicates
that a portion of liability that would otherwise be assessed to a
first party is not assessed to the first party. In some cases, that
portion of the liability may be shifted to a second party, where
the second party may be another driver involved in the accident. In
other cases, the liability may be shifted to a third party, where
the third party was not a driver involved in the accident. For
example, the third party may be an owner of an animal that
contributed to the accident.
[0153] Adjusting the base liability based on factors may be done in
a number of ways. For example, a direct shift may be used. In an
embodiment, a portion of the base liability assessed to the first
party may be shifted to the second party. In such a case, a penalty
factor may be a percentage of the liability to shift. For example,
if the first and second party would each be assessed with 50% of
the liability for the accident. A penalty value of 80% for the
second party means that the first party is assessed with 10% of the
liability and the second party is assessed with 90% of the
liability.
[0154] In some embodiments, a debit/credit system may be used. In
such embodiments, an effect on liability for a particular factor
may be determined. One half of the determined penalty value may
then be added to a first party, and the other half subtracted from
the second party. After all of the factors may have been
considered, the penalty values for each party may be summed and
applied to the base liability. For example, FIGS. 9b and 9c depict
examples of applying a debit/credit system for assessing the effect
of several factors on the liability. In the example of FIG. 9b,
Factors 1 and 2 apply to the first party, having penalty values of
20% (i.e., 10%+10%) and 30% (i.e., 15%+15%), respectively.
Additionally, Factor 3 applies to the second party, having a
penalty value of 10%. Therefore, a total of 20% may be added to the
base liability of the first party, leaving a 70% liability
assessment for the first party. The second party may receive a 30%
liability assessment as a result of 20% being subtracted from the
base liability of the second party. In some embodiments, effects on
liability adjust the base liability by multiplying the sum of the
effects on liability times the base liability. For example, using
the same numbers as in FIG. 9c, but multiplying the sum by the base
liability the first and second parties may be assessed with 60% and
40%, respectively. In addition to the calculation demonstrated in
FIGS. 9b and 9c, one or more situational weights may be used to
adjust the penalty values associated with each factor before the
penalty values are assessed to the parties.
[0155] FIGS. 10a and 10b depict flowcharts of alternate embodiments
of methods for estimating the effect on liability of an alcohol
factor. In an embodiment, the alcohol factor may apply to either
the tortfeasor or the other party for all accident types.
[0156] If at decision point 1001 in FIG. 10a, it is determined that
alcohol was not consumed prior to the accident, then the alcohol
factor may not be applicable as shown by step 1002. If alcohol was
consumed prior to the accident, the next step, shown by decision
point 1003, may be to determine if the alcohol usage contributed to
the accident. If not, then the alcohol factor may not be applicable
as shown by step 1004. If it is determined that alcohol usage did
contribute to the accident, information of basic facts may be
gathered as shown by step 1005. Basic information may include blood
alcohol content, whether or not a sobriety test was given, and
whether or not the accident involved a fatality. Optional
information may also be gathered, as shown by step 1007, such as
the type and amount of alcohol consumed, where the alcohol was
served and by whom, and the weight of the user.
[0157] If the accident involved a fatality, as determined at
decision point 1009 shown in FIG. 10a, "warrants further
discussion" may be added to the accident report, as shown in step
1014. However, whether or not there was a fatality involved in the
accident, the next decision point 1013 may be to determine if the
user was cited for impairment. If the user was cited for
impairment, a talking point may be reached, as shown by step 1015.
If the user was not cited for impairment, the next decision point
1017 may be to determine if there was any indication of impairment.
If there was no indication of impairment, the alcohol factor may
not be applicable as shown by step 1019. If there was any
indication of impairment, the next step may be to determine what
the indication was based on at decision point 1021. A blood alcohol
content may indicate a level of impairment. Statements or other
evidence may also provide some indication of impairment, which
would be described as shown by step 1023. After it is determined
what the indication of impairment was based on, a talking point may
be reached as shown by step 1025.
[0158] An alternate method of determining an effect on liability of
alcohol is depicted in FIG. 10b. At step 1051, the method may
include determining if alcohol was consumed by a driver of a
vehicle involved in the accident prior to the accident. If it is
determined that no alcohol was consumed prior to the accident, the
factor may not apply, as shown by step 1052. If alcohol was
consumed by a driver of a vehicle involved in the accident, step
1053 may determine whether the driver was cited for impairment. In
certain embodiments, prior to step 1053, the method may also
include a step to determine if the alcohol consumption contributed
to the accident. If it is determined that the driver was cited for
impairment, step 1054 may be reached and an ALV may assign 100% of
the liability to the driver cited for impairment. If the driver was
not cited for impairment, decision point 1055 may determine if
other indications of impairment were present. If no indications of
impairment were present, a "high" penalty value may be assessed to
the driver that had consumed alcohol, as depicted in step 1056. If
indications of impairment were present, the method may determine
the nature of the indications of impairment at step 1057.
Indications of impairment based on blood alcohol content (step
1058), or statements or other evidence (step 1059) may result in a
penalty value of 70% of the liability to the impaired driver.
[0159] FIG. 11 is a flowchart illustrating a method for estimating
the effect on liability of a factor that accounts for the presence
of a construction zone on a motor vehicle accident according to one
embodiment. The construction zone factor may be applied to a
tortfeasor and/or other party for any accident type.
[0160] If a motor vehicle accident occurred in a construction zone
where a third party, other than the driver(s) or vehicle(s)
involved in the accident may be involved, as determined at decision
point 1101 in FIG. 11, then a talking point may be reached at step
1103. If the accident did not occur in a construction zone, then
the factor may not be applicable in estimating liability, as shown
by step 1105.
[0161] FIG. 12 is a flowchart for estimating the effect on
liability of a factor that accounts for corrective lenses in a
motor vehicle accident according to one embodiment. The corrective
lenses factor may be applied to a tortfeasor and/or other party for
any accident type.
[0162] If it is determined at decision point 1201 in FIG. 12 that a
driver involved in a motor vehicle accident did not require
corrective lenses, then the factor may not be applicable as shown
by step 1203. If corrective lenses were required, the next decision
point 1205 may be to determine whether they were worn at the time
of the accident. If the corrective lenses were worn at the time of
the accident, the factor may not be applicable in estimating
liability, as shown by step 1207. If required corrective lenses
were not worn by the driver at the time of the accident, a talking
point may be reached as shown by step 1209.
[0163] FIG. 13 is a flowchart for estimating the effect on
liability of a factor that accounts for a defective, obscured, or
missing traffic control on a motor vehicle accident according to
one embodiment. The traffic control may be missing or completely
obscured. A defective light may be one that may not be lit for
either party (e.g., not lit for TF or not lit for OP). The traffic
control factor may be applied to a tortfeasor and/or other party
for accident types 2, 3, 4, 5, 6, 7, 8, 16, and 17.
[0164] If at decision point 1301 shown in FIG. 13, the accident
type was determined to be 1, 9, 10, 11, 12, 13, 14, or 15, then the
traffic control factor may not be applicable to estimating
liability, as shown by step 1303. For accident types 2, 3, 4, 5, 6,
7, 8, 16, and 17, a decision point shown by step 1305 may be
reached to determine if an obscured, defective, or missing traffic
control contributed to the accident. If an obscured, defective, or
missing traffic control did not contribute to the accident, then
the factor may not applicable for estimating liability, as shown in
step 1309.
[0165] If it is determined that an obscured, defective, or missing
traffic control contributed to the accident, then decision point
1307 may be reached to determine if a driver was familiar with the
accident location. If the answer is yes, then a talking point may
be reached as shown by step 1311. If the answer is no, the next
decision point 1313 may be whether or not the intersection appeared
to be an uncontrolled intersection. If not, a "medium" penalty
value may be assessed to the party in question, as shown in step
1317. If the intersection appeared to be a controlled intersection,
an ALV of 10% may be assessed to the party in question.
[0166] FIG. 14 is a flowchart for estimating the effect on
liability of a factor that accounts for the contribution of driver
inattention to a motor vehicle accident according to one
embodiment. The driver inattention factor may be applied to a
tortfeasor and/or other party for any accident type.
[0167] As shown by decision point 1401 in FIG. 14, if the driver
failed to maintain a proper lookout (e.g., not looking at the road
ahead), then a "low" penalty value may be assessed against the
driver, as shown in step 1405. If the driver maintained a proper
lookout, the step 1403 may be reached. Step 1403 may determine if
the driver was distracted prior to the accident (e.g., by a
conversation, a cell phone, shaving, etc.). If the driver was
distracted, then a "low" penalty value may be assessed to the
driver at step 1406. If the driver was not distracted then, as step
1404 indicates, the factor may be not applicable for the
driver.
[0168] FIG. 15 is a flowchart for estimating the effect on
liability of a factor that accounts for the contribution of driver
inexperience to a motor vehicle accident according to one
embodiment. The driver inexperience factor may be applied to a
tortfeasor and/or other party for any accident type.
[0169] As shown by decision point 1501 in FIG. 15, the duration of
time the driver has been legally driving may be a determining
factor. If the driver has been driving for two years or less, then
the factor may be a talking point as shown by step 1503. If the
driver has been driving for more than two years, then the driver
inexperience factor may not be applicable as shown by step 1505. In
some embodiments, decision point 1501 may be directed to how long a
driver has been legally driving a particular class of vehicle that
was involved in the accident. For example, if the driver was
driving a motorcycle at the time of the accident, decision point
1501 may determine how long the driver has been legally driving
motorcycles.
[0170] FIG. 16 is a flowchart for estimating the effect of a factor
that accounts for the contribution of taking an illicit drug to a
motor vehicle accident according to one embodiment. The illicit
drug factor may be applied to a tortfeasor and/or other party for
any accident type. As used herein, the term "illicit drug"
generally refers to an illegal, or unlawfully used drug. For
example, an unlawfully used drug may include a prescription drug
taken in a fashion other than the prescribed manner or a
prescription drug taken by a person to whom it has not been
prescribed.
[0171] Decision point 1601 in FIG. 16 may determine if an illicit
drug was consumed prior to the accident If no illicit drug was
taken before the accident, the illicit drug factor may be not
applicable, as shown in step 1603. If an illicit drug was taken
prior to the accident, a "low" penalty value may be assessed to the
party that took the illicit drug, as shown in step 1605.
[0172] In other embodiments, factors accounting for the consumption
of illicit drugs and the consumption of alcohol may be treated
simultaneously through an alcohol factor flow chart as depicted in
FIGS. 10a and 10b.
[0173] FIG. 17 is a flowchart for estimating the effect of a factor
that accounts for the contribution of an affirmative action of
taking a medication to a motor vehicle accident according to one
embodiment. The medication factor may be applied to a tortfeasor
and/or other party for any accident type. In an embodiment, the
medication factor may not include failing to take required medicine
since the illness factor may take this into account. As used
herein, the term "medication" generally refers to either a
prescription drug, or an over-the-counter drug. Additionally, in
some embodiments, a medication may include any legal chemical
substance that may be consumed by an individual for medical reasons
(e.g., herbs, or other nontraditional medications).
[0174] At decision point 1701 in FIG. 17, it is determined whether
a medication was taken prior to the accident. If not, as shown by
step 1703, then the medication factor may not be applicable. If a
medication was taken prior to the accident, then the next decision
point 1705 may determine if the medication had an affect on the
ability to drive. If not, then the factor may not be applicable, as
shown by step 1707.
[0175] If the medication affected the ability to drive, it may then
be determined if the party was aware of this effect, as shown by
decision point 1709. If the party was aware of the effect of the
medication on the ability to drive, then a "low" penalty value may
be assessed for the medication factor, as shown by step 1711. If
the party was not aware of the effect of the medication on the
ability to drive, then decision point 1713 may ask if the
medication had appropriate warnings and labels. If there were not
proper warnings or labels on the medication, then the factor may be
a talking point as shown by step 1715. In some embodiments, if
there were not proper warnings or labels on the medication, step
1715 may indicate that a portion of the liability may be attributed
to a third-party (e.g., the medication vendor, or manufacturer). If
the medication was properly labeled, then a "low" penalty value may
be assessed to the party as shown by step 1717.
[0176] FIG. 18 is a flowchart for estimating the effect of a factor
that accounts for the contribution of fatigue to a motor vehicle
accident according to one embodiment. The fatigue factor may be
applied to a tortfeasor and/or other party for any accident
type.
[0177] At decision point 1801 in FIG. 18, the number of hours the
party had been driving may be determined. If the driver had been
driving for more then 6 hours, then the factor may be a talking
point as shown by step 1803. If the driver had been driving for 6
hours or less, then decision point 1805 asks how long the driver
had been awake, but not driving. If the driver was awake but not
driving for more than 12 hours, then the factor may be a talking
point as shown by step 1807. If the driver was awake for 12 hours
or less prior to driving, then the number of hours the driver last
slept may be determined at decision point 1809. If the driver slept
less than 6 hours, the factor may be a talking point, as shown by
step 1811. If the driver slept 6 hours or more, then the fatigue
factor may not be applicable, as shown by step 1813.
[0178] FIG. 19 is a flowchart for estimating the effect of a factor
that accounts for the contribution of faulty equipment to a motor
vehicle accident according to one embodiment. As used herein, the
term "faulty equipment" generally refers to any vehicle equipment
malfunction that causes an action, prohibits the operator from
taking action, or fails to perform an action. In an embodiment, the
faulty equipment factor may not apply to headlights, taillights, or
brake lights that do not function as other factors may be provided
that account for these potential equipment failures. The faulty
equipment factor may be applied to a tortfeasor and/or other party
for any accident type.
[0179] Decision point 1901 may ask whether defective equipment
contributed to the accident, as depicted in FIG. 19. If defective
equipment did not contribute to the accident, then the faulty
equipment factor may not be applicable, as shown in step 1903. If
defective equipment contributed to the accident, the next step may
be decision point 1905, which may determine the party that faulty
equipment affected. If the faulty equipment affected the other
party, as shown in step 1907, then a talking point may be reached.
If the faulty equipment affected the tortfeasor, the next step may
be decision point 1909, which may determine the age of the
vehicle.
[0180] If the vehicle was one year old or greater, then the vehicle
may not be considered new. If the vehicle was less than one year
old, then the next decision point 1911 may ask the mileage on the
vehicle. If the vehicle mileage was less than 10,000 miles at the
time of the accident, the vehicle may be considered new. If the
vehicle mileage was 10,000 miles or greater at the time of the
accident, the vehicle may not be considered new.
[0181] In some embodiments, if the vehicle was new, then step 1913
may be a talking point. Alternately, in some embodiments, step 1913
may indicate that the faulty equipment may be attributed to a third
party. The third party may include the person or entity from which
the vehicle was purchased or serviced. If the vehicle was not
considered new by steps 1909 or 1911, the next step may be decision
point 1915 that may ask whether the defective part was serviced
within the last month. If service was performed on the defective
part within the last month, a talking point may be reached, as
shown by step 1917. In some embodiments, step 1917 may be an ALV of
0% for the driver of the vehicle with the defective part. In some
embodiments, at least a portion of the liability for the accident
may be attributed to a third party at step 1917. For example, the
third party may be an individual or entity that last serviced the
defective part. The third party may also include the manufacturer
of the defective part. If the defective part was not serviced
within the last month, decision point 1919 may ask if there was any
indication or history of the problem. Whether or not there was an
indication or history of the problem, the faulty equipment factor
may reach a talking point as shown by steps 1921 and 1923. Steps
1921 and 1923 may be indicated differently in an assessment report
as discussed with reference to FIG. 55. In alternate embodiments,
if there was no indication or history of the problem at step 1919,
another decision point may be reached. The decision point may be to
determine whether or not unwanted acceleration occurred. If not,
then a talking point may be reached and noted in the assessment
report. However, if an unwanted acceleration did occur, the driver
of the affected vehicle may be assessed an ALV of 0% liability.
Additionally, a portion of the liability may be assessed to a third
party. For example, the third party may include a manufacturer or
seller of the vehicle or the defective part.
[0182] FIG. 20a is a flowchart for estimating the effect of a
factor that accounts for the contribution of following too closely
to a motor vehicle accident according to a first embodiment. As
used herein, the term "following too closely" generally refers to
an action by the driver of a rear vehicle in which the driver of
the rear vehicle fails to remain a safe distance from a vehicle in
front of them before the accident, thus contributing to the
accident. In some embodiments, the following too closely factor may
be applied only to the tortfeasor and may only be applied for
accident type 1.
[0183] As shown by decision point 2001 in FIG. 20a, if the accident
type was not type 1 or the tortfeasor was not behind or following
the other party, then the factor may not be applicable as shown by
step 2003. If the accident type was type 1 and the tortfeasor was
following the other party, then the next step 2005 may be to gather
information regarding the accident. The information may include the
number of car lengths between the other party and the tortfeasor
before the accident, and the speed that the tortfeasor was
traveling. Additionally, as shown by step 2007, information may be
gathered from any witnesses who may verify the number of car
lengths that were between the other party and the tortfeasor.
[0184] The next decision point 2009 may ask for the speed of the
tortfeasor. The speed of the tortfeasor may be used to determine a
recommended safe following distance the tortfeasor should have been
traveling behind the other party in steps 2011 or 2013. For
example, if the tortfeasor was traveling less than 45 mph, then the
recommended safe following distance in car lengths may be
determined by: speed/10, as shown by step 2011. If the tortfeasor
was traveling 45 mph or greater, the recommended safe following
distance may be: 1.5* (speed/10), as shown by step 2013. From this
determination, the decision point 2015 may ask whether the actual
number of car lengths was less than the recommended safe following
distance. If the actual car lengths were less than the recommended
safe following distance, then the factor may be a talking point as
shown by step 2017. If the actual car lengths between the
tortfeasor and other party were not less than the recommended safe
following distance, then the following too closely factor may not
be applicable, as shown by step 2019.
[0185] FIG. 20b is a flowchart for estimating the effect of a
factor that accounts for the contribution of following too closely
to a motor vehicle accident according to a second embodiment. As
shown by decision point 2025 in FIG. 20b, if the accident type was
not type 1 or the tortfeasor was not behind or following the other
party, then the factor may not be applicable as shown by step 2027.
If the accident type was type 1 and the tortfeasor was following
the other party, then the next step 2029 may be to determine if the
actual following distance was less than a recommended safe
following distance according to the table in FIG. 20c.
[0186] FIG. 20c depicts a table for determining a recommended safe
following distance.
[0187] If the driver of the rear vehicle was traveling at less than
or equal to 45 mile per hour (mph), then row 2050 may be used to
determine the recommended safe following distance. If the driver of
the rear vehicle was traveling at greater than 45 mph, then row
2052 may be used to determine the recommended safe following
distance. Column 2054 may determine a surface of the road.
[0188] At speeds of less than or equal to 45 mph and with a gravel
road surface the recommended safe following distance may be at
least 20% of the speed in car lengths (e.g., speed*0.2=number of
car lengths). Thus, at 40 mph, the recommended safe travel distance
may be 8 car lengths (i.e., 40*0.2=8 car lengths). At speeds of
greater than 45 mph and with a gravel road surface the recommended
safe following distance may be at least 30% of the speed in car
lengths.
[0189] For non-gravel road surfaces, a condition of the road
surface may be considered in column 2056. The condition of the road
surface may include, but is not limited to, dry, wet, or muddy. In
addition, the condition of the road surface may consider whether
the road is covered with snow or ice, has patches of snow or ice,
or has plowed snow or ice. In various embodiments, other road
conditions may also be considered. For example, a road condition
that may be prevalent in a particular region may be considered,
such as having ruts. Once the road condition has been determined, a
recommended safe following distance may be determined based on a
percentage of the speed as specified in column 2058. It is
envisioned that the specific percentage of speed specified by
various combinations of speed, road surface, and road condition may
be varied according to the preference of the insurance carrier, or
regional or jurisdictional preferences.
[0190] FIG. 21 is a flowchart for estimating the effect of a factor
that accounts for the contribution of driving with headlights off
to a motor vehicle accident according to one embodiment. In some
embodiments, the headlights off factor may not apply to accident
types 1, and 14. The factor may be applied to a tortfeasor and/or
other party.
[0191] In FIG. 21, decision point 2101 asks for the accident type.
For accident types 1, and 14, the factor may not be applicable as
shown by step 2105. Additionally, in some embodiments, the factor
may not apply for accident types 15 and 17. For the remaining
accident types, the next step may be decision point 2103 in which
visibility at the time of the accident may be determined. The
visibility factor is illustrated in FIG. 35. If visibility was
good, then the driving with headlights off factor may not be
applicable as shown by step 2109. Otherwise, if visibility was
poor, decision point 2111 may determine if the party was driving
with the vehicle's headlights on. If it is determined that the
party had the headlights on, then the factor may not be applicable,
as shown by step 2119. If the vehicle's headlights were off at the
time of the accident, then decision point 2121 may be reached.
Decision point 2121 asks whether the location of the accident was
relatively dark, for example, without streetlights at the time. If
it was dark without streetlights, the party may have a "high"
penalty value assessed, as shown by step 2123. If it was not dark
and/or streetlights were on, then the other party may have a
"medium" penalty value assessed, as shown by step 2125.
[0192] In some embodiments, the method of determining the effect on
liability of driving with headlights off may determine different
penalty values depending on the party being considered. For
example, if it is determined that the tortfeasor was driving with
headlights off, a talking point may be reached. If it is determined
that the other party was driving with headlights off, then penalty
values as described above may be assessed to the other party.
[0193] In some embodiments, the method of determining the effect on
liability of driving with headlights off may determine if both
headlights were off or if only one headlight was off. If only one
headlight was on, the method may determine if the one headlight
would have provided adequate lighting for the driver of the vehicle
to drive safely. If it is determined that the one headlight may not
have provided adequate lighting, the method may proceed to step
2121 to determine a penalty value to assess. The method may also
consider whether the one headlight would have made the vehicle
visible to the driver of the other vehicle (e.g., was the one
working headlight visible to the driver of the other vehicle). If
it is determined that the one headlight may not have made the
vehicle visible to the driver of the other vehicle, the method may
proceed to step 2121 to determine a penalty value to assess.
[0194] FIG. 22 is a flowchart for estimating the effect of a factor
that accounts for the contribution of driving with high beams on to
a motor vehicle accident according to one embodiment. The high
beams factor may be applied to a tortfeasor and/or the other party.
In some embodiments, the factor may only be applied for accident
type 16. In such embodiments, the factor may not be applied for the
roadway configuration/accident type combination F16. The high beams
factor may be related to glare that causes a driver to be
blinded.
[0195] In FIG. 22, decision point 2201 and step 2205 indicate the
factor may only be applicable for accident type 16, not including
roadway configuration F. If the answer to decision point 2201 is
yes, then decision point 2203 may ask whether high beams were on at
the time of the accident. If not, then the factor may not be
applicable, as shown by step 2209. If the high beams were on, the
lighting may be determined at step 2207. If the lighting was dark,
with or without streetlights, then liability may depend upon which
party is being considered, as shown by decision point 2211. If the
lighting was other than dark, with or without streetlights (e.g.,
daylight, dawn, or dusk) then the factor may not be applicable, as
shown by step 2213. If the party is the tortfeasor, then decision
point 2215 may ask whether the other party was blinded. If the
other party was blinded, then the factor may be a talking point, as
shown by step 2219. If the other party was not blinded, then the
factor may not be applicable, as shown by step 2217. In other
embodiments, a "medium" penalty value may be assessed to the
tortfeasor if the other party was blinded, and a "low" penalty
value may be assessed if the other party was not blinded.
[0196] If the party is the other party, then decision point 2221
may ask if the tortfeasor was blinded. If not, then the factor may
not be applicable, as shown by step 2223. If the tortfeasor was
blinded, the factor may apply a "medium" penalty value, as shown in
step 2227. In alternate embodiments, if the tortfeasor was blinded,
then another decision point may be reached that may depend on the
roadway configuration. If the roadway configuration was E, then a
"medium" penalty value may be assessed. If the roadway
configuration was A, B, or H, then a "low" penalty value may be
assessed. If the roadway configuration was other than A, B, E, or
H, than the factor may not be applicable.
[0197] FIG. 23 is a flowchart for estimating the effect of a factor
that accounts for the contribution of illness to a motor vehicle
accident according to one embodiment. As used herein, the term
"illness" generally refers to a physical condition that prohibits
the safe operation of a vehicle. The illness factor may be applied
to a tortfeasor only for any accident type.
[0198] If the party is determined to be the other party at decision
point 2301 in FIG. 23, then the factor may not be applicable, as
shown by step 2303. For the tortfeasor, the next step is decision
point 2305, which may ask whether the illness contributed to the
accident. If not, then the factor may not be applicable as shown by
step 2307. If illness of the tortfeasor contributed to the
accident, then decision point 2309 may ask if the tortfeasor had a
history of the illness. If not, then an ALV of 0% liability may be
assessed to the tortfeasor. If the tortfeasor had a history of
illness, then decision point 2311 may ask if the tortfeasor was
medically cleared to drive. If the tortfeasor was not cleared to
drive, then the illness factor may not be applicable as shown by
step 2317. If the tortfeasor was cleared to drive without
medication, then an ALV of 0% liability may be assessed to the
tortfeasor, as shown by step 2315. If the tortfeasor was medically
cleared to drive with medication, then decision point 2319 may be
reached, which may ask if the required medication had been taken.
If the required medication had been taken, then an ALV of 0%
liability may be assessed to the tortfeasor, as shown by step 2321.
If the required medication had not been taken, then 2323 indicates
that a talking point may be reached.
[0199] FIGS. 24a and 24b are flowcharts for estimating the effect
of a factor that accounts for the contribution of an improper lane
change to a motor vehicle accident according to one embodiment. An
improper lane change may be a lane change that was completed before
the accident and contributed to the accident. The improper lane
change factor may be applied to the tortfeasor and/or other party
only for accident type 1. In an embodiment, the factor may
determine the effect on liability of an improper lane change based
on car lengths between the vehicles before the accident and a
subjective determination of the magnitude of deceleration of the
parties. It is believed that an improper lane change may reduce the
opportunity of the tortfeasor to avoid the accident and/or may
reduce the tortfeasor's available stopping distance. For example,
if other party and the tortfeasor are slowing and other party pulls
in between the tortfeasor and whatever the other party and the
tortfeasor are stopping for, the tortfeasor's available stopping
distance may be reduced.
[0200] In FIG. 24a, decision point 2401 may ask whether the
accident type was type 1, and whether the other party and right of
way have been determined. If any of these conditions is not true,
the factor may not be applicable, as shown in step 2403. If the
accident type is 1, and the other party and right of way have been
determined, then the next step 2404 may ask if the other party
changed lanes prior to the accident. If the other party did not
change lanes, then step 2406 indicates that the factor may not be
applicable. If the other party changed lanes before the accident,
the next step 2405 may be to determine effective car lengths
between the other party and the tortfeasor. The term "effective car
lengths," as used herein, generally refers to the actual car
lengths between the parties minus an adjustment.
[0201] The determination of the effective car lengths 2405 is shown
in FIG. 24b. Decision point 2433 may ask if the other party's lane
change was a sudden lane change. If it was, then decision point
2435 may ask if the other party signaled the lane change. If the
other party signaled, then the effective car lengths may be the
actual car lengths minus one, as shown in step 2439. If the other
party did not signal, then the effective car lengths may be the
actual car lengths minus two, as shown by step 2440. If the answer
to decision point 2433 is no, the decision point 2437 may ask if
the other party signaled the lane change. If the other party did
signal the lane change, then the effective car lengths may be the
actual car lengths, as shown in step 2441. If the other party did
not signal, then the effective car lengths may be the actual car
lengths minus one, as shown by step 2442.
[0202] Turning again to FIG. 24a, if the effective car lengths are
less than 1, then decision point 2409 may ask if the tortfeasor was
slowing down when the lane change took place. If the tortfeasor was
not slowing down, then a penalty value of 75% of liability may be
assessed to the other party, as shown by step 2418. Alternately, in
an embodiment, if the tortfeasor was not slowing down, then the
liability may be determined by an experienced claims adjuster. If
the tortfeasor was slowing down in either a slight or an extreme
manner, then a penalty value of 100% of liability may be assessed
to the other party at step 2417 or 2419. In some embodiments, an
ALV of 100% liability may be assessed at steps 2417 and 2419 rather
than a penalty value.
[0203] If the effective car lengths are about 1 or about 2, then
decision point 2411 again may ask if the tortfeasor was slowing
down. If the tortfeasor was not slowing down, then a penalty value
of 75% of liability may be assessed to the other party, as shown by
step 2422. Alternately, in an embodiment, if the tortfeasor was not
slowing down, then the liability may be determined by an
experienced claims adjuster. If the tortfeasor was slowing down in
either a slight or an extreme manner, then a penalty value of 100%
of liability may be assessed to the other party at step 2423 or
2425. In some embodiments, an ALV of 100% liability may be assessed
at steps 2423 and 2425 rather than a penalty value.
[0204] If the effective car lengths are about 3 or about 4, then
decision point 2413 may ask if the other party was slowing down. If
the other party was either not slowing down or slightly slowing,
then no penalty value may be assessed to either party, as shown by
steps 2427 and 2429. If the other party was slowing down in an
extreme manner at the time of the lane change, then a penalty value
of 50% of liability may be assigned to the other party, as shown by
steps 2431.
[0205] If the effective car lengths are greater than about 4, then
no penalty value may be assessed to either party, as shown by steps
2407.
[0206] In other embodiments, the actual speed and/or distance
between the vehicles before the accident or at the time of the lane
change may be determined. An analysis like the one described above
may then be used to determine the effect on liability of the lane
change based on the actual speed and/or distance between the
vehicles.
[0207] FIG. 25 is a flowchart for estimating the effect of a factor
that accounts for the contribution of an improperly parked vehicle
to a motor vehicle accident according to one embodiment. The
improperly parked vehicle factor may be applied only to the other
party and only for accident type 14. In an embodiment, a parked
vehicle may be considered legally parked, illegally parked, or
disabled.
[0208] In FIG. 25, decision point 2501 and step 2503 indicate that
the factor may not be applicable to accident types other than type
14. If the accident type is 14, then decision point 2505 may ask
whether the vehicle was legally parked. If the vehicle was legally
parked, then the factor may not be applicable, as shown by step
2507. If the vehicle was not legally parked, then decision point
2509 may ask if the vehicle was disabled. If the vehicle was not
disabled and was not legally parked, then a penalty value may be
estimated by an experienced claims adjuster, as shown by step 2513.
If the vehicle was disabled and was not legally parked, then
decision point 2511 may ask where the vehicle was parked. If the
vehicle was outside a travel lane, then regardless of whether the
vehicle had its flashers on, the factor may not be applicable, as
shown by decision point 2517 and steps 2519 and 2521.
[0209] If the vehicle was parked in a travel lane, then decision
point 2515 may ask why it was there. If the vehicle ran out of gas,
then decision point 2523 asks if the vehicle had its flashers on. A
penalty value may be determined by experienced claims adjusters in
steps 2525 and 2527 for either a yes or no answer. If the vehicle
was abandoned or there was no apparent reason why the vehicle was
in the travel lane, then decision point 2531 may ask if the vehicle
had its flashers on. A penalty value may be determined by an
experienced claims adjuster in steps 2533 and 2535 for either a yes
or no answer. If the vehicle was in the travel lane due to a
breakdown or accident, then decision point 2529 may ask if the
other party had knowledge of the defect, which may have caused the
breakdown or accident. If yes, then decision point 2537 asks how
long the vehicle had been parked at the location of the accident.
If the vehicle was there for less than or equal to one hour, then
decision point 2541 asks if the vehicle had its flashers on. A
penalty value may be determined by experienced claims adjusters in
steps 2545 or 2547 for either a yes or no answer. If the vehicle
was sitting in the travel lane for more than one hour, then
decision point 2541 asks if the vehicle had its flashers on. A
penalty value may be determined by experienced claims adjusters in
steps 2549 or 2551 for either a yes or no answer.
[0210] If the other party did not have knowledge of the defect at
decision point 2529, then decision point 2539 may ask how long the
vehicle had been parked at the location of the accident. If the
vehicle was there for less than or equal to one hour, then decision
point 2553 asks if the vehicle had its flashers on. A penalty value
may be determined by experienced claims adjusters in steps 2557 or
2559 for either a yes or no answer. If the vehicle was sitting in
the travel lane for more than one hour, then decision point 2555
may ask if the vehicle had its flashers on. A penalty value may be
determined by experienced claims adjusters in steps 2561 or 2563
for either a yes or no answer, respectively.
[0211] In other embodiments, a parked vehicle may be assumed to
always have the right of way. Thus, no improperly parked vehicle
factor may be used.
[0212] FIG. 26 is a flowchart for estimating the effect of a factor
that accounts for the contribution of improper signaling to a motor
vehicle accident according to one embodiment. As used herein, the
tenn "improper signaling" generally refers to signaling one action
and doing another or not signaling at all. In certain embodiments,
an improper signal may refer only to signaling one action and doing
another (i.e., not to "no signal"). In such embodiments, an
improper turn and lack of signal may not be part of the improper
signaling factor. "No signal" and improper turn and lack of signal
may already be taken into account by the roadway
configuration/accident type combination.
[0213] As shown in FIG. 26, if it is determined at decision point
2601 that the accident type is 1, 14, or 15, then the factor may
not be applicable, as shown in step 2603. For all other accident
types, decision point 2605 may ask if a party signaled improperly.
If the answer to decision point 2605 is no, then the factor may not
be applicable, as shown by step 2609. If the answer is yes, then a
"low" penalty value may be assessed against the party that signaled
improperly, as shown in step 2607. In some embodiments, an
additional decision point may follow decision point 2605 if a party
did signal improperly. The additional decision point may determine
which party signaled improperly. In such embodiments, if it is the
other party that improperly signaled then a low penalty value may
be assessed against the other party. If the tortfeasor improperly
signaled, then a talking point may be reached.
[0214] FIG. 27 is a flowchart for estimating the effect of a factor
that accounts for the contribution of an obstructed view or glare
to a motor vehicle accident according to one embodiment. The
obstructed view or glare factor may be applied to the tortfeasor
and/or other party for any accident type. If an obstructed view or
glare affected a party's view of other vehicles or a traffic sign,
the factor may be a talking point.
[0215] In FIG. 27, decision point 2701 may ask if a driver's view
of another vehicle or a traffic control was obscured. Step 2703
indicates that if the answer is no, then the factor may not be
applicable. In some embodiments, if the answer to decision point
2701 is yes, then another decision point may ask if the obstructed
view or glare contributed to the accident. If not, then the factor
may not be applicable. If it is determined that the obstructed view
or glare contributed to the accident, the decision point may lead
to decision point 2707. Decision point 2707 may ask whether it was
a glare obscured the driver's view. If it was a glare, then the
factor may be a talking point, as shown by step 2711. In some
embodiment, if the answer to decision point 2707 is no, then there
may be a request to provide a description of the obstruction for
use in an assessment report. In step 2715, the obstructed view may
be a talking point.
[0216] FIG. 28 is a flowchart for estimating the effect of a factor
that accounts for the contribution of road condition to a motor
vehicle accident according to one embodiment. The road condition
factor may be applied to the tortfeasor and/or other party for any
accident type. As shown in FIG. 28, the road condition at decision
point 2801 may be either dry or in some other condition. If the
road condition is dry, then step 2803 may indicate that the factor
may not be applicable. Other conditions may include, but are not
limited to, a roadway that is wet, has snow and/or ice, is muddy,
has plowed snow, has been salted, or has snow and/or ice patches.
If other conditions apply to the roadway, then step 2805 may
indicate that the factor may be a talking point.
[0217] FIG. 29 is a flowchart for estimating the effect of a factor
that accounts for the contribution of road character to a motor
vehicle accident according to one embodiment. The road character
factor may be applied to the tortfeasor and/or other party for any
accident type. As shown in FIG. 29, the road character at decision
point 2901 may be either level or some other character. If the road
character is level, then step 2903 indicates that the factor may
not be applicable. Other road characters may include, but are not
limited to, a roadway that has a hill, a hillcrest, or a sag-bottom
of a hill. If other road characters apply to the roadway, then step
2905 may indicate that the factor may be a talking point.
[0218] FIG. 30 is a flowchart for estimating the effect of a factor
that accounts for the contribution of road surface to a motor
vehicle accident according to one embodiment. The road surface
factor may be applied to the tortfeasor and/or other party for any
accident type. As shown in FIG. 30, the road surface at decision
point 3001 may be either concrete/asphalt or some other surface. If
the road surface is concrete/asphalt, then step 3003 may indicate
that the factor may not applicable. Other road surfaces may
include, but are not limited to brick, dirt, or gravel. If other
surfaces apply to the roadway, then step 3005 indicates that the
factor may be a talking point.
[0219] FIGS. 31a-b may be used in combination with FIG. 31c for
estimating the effect of a factor that accounts for the
contribution of speed to a motor vehicle accident according to a
first embodiment. In some embodiments, the speed factor may not
apply to accident type 14. The speed factor may be applied to
either or both parties depending on the circumstances of the
accident.
[0220] In FIG. 31a, step 3101 in estimating the speed factor may be
to determine the maximum safe speed. In some embodiments, step 3101
may be directed to determining the maximum legal speed.
Determination of the maximum safe speed is illustrated by the
flowcharts in FIG. 31b. As shown in FIG. 31b, the maximum safe
speed may be determined by reducing the legal speed limit to
account for adverse road conditions and/or weather conditions. If
the road condition is dry and the weather clear, the maximum safe
speed may be the legal speed limit. However, if the road condition
is not dry and/or the weather is not clear, then the maximum safe
speed may be less than the speed limit. Decision point 3141 in FIG.
31b may inquire as to the road condition at the accident scene.
Steps 3143, 3145, 3147, 3149, and 3151 may provide the corrections
when road conditions are dry (e.g., 0), wet (e.g., 0.1.times. legal
speed limit), snow (e.g., 0.2.times. legal speed limit), muddy
(e.g., 0.2.times. legal speed limit), and ice (e.g., 0.3.times.
legal speed limit), respectively. Similarly, decision point 3153 in
FIG. 31b may inquire as to the weather at the accident scene. Steps
3155, 3157, 3159, and 3161 may provide the corrections when the
weather is clear (e.g., 0), smoke, etc. (e.g., 0.1.times. legal
speed limit), snowing (e.g., 0.2.times. legal speed limit), and fog
(e.g., 0.2.times. legal speed limit), respectively. For example, if
the speed limit is 60 miles per hour, the road condition is wet,
and the weather is snowing the safe speed may be:
60-(0.1.times.60)-(0.2.times.60)=60-6-12=42 miles per hour.
[0221] Step 3105 in FIG. 31 a shows that if the answer to decision
point 3103 is accident type 14, the factor may not be applicable.
For any other accident type, decision point 3107 may ask which
party is under consideration. If the party is the tortfeasor, then
decision point 3111 may ask if the party was going faster than the
maximum safe speed calculated in step 3101. If the answer is yes,
then step 3113 may refer to the table in FIG. 31c to calculate the
effect on the liability. If the party was not going faster than the
maximum safe speed, then the factor may not be applicable, as shown
in step 3115.
[0222] If the party being considered at decision point 3107 is the
other party, then decision point 3109 may ask if the accident type
is 1. If the accident type is not 1, then decision point 3119 may
ask if the other party was going faster than the maximum safe speed
calculated in step 3101. If the answer is yes, then step 3121 may
refer to the table in FIG. 31c to calculate the effect on the
liability. If the party was not going faster than the maximum safe
speed, then step 3123 may indicate that the factor may not be
applicable.
[0223] If the accident type is 1 at decision point 3109, decision
point 3117 may ask if the other party was stopped at a yielding
traffic control. If the answer is yes, then step 3125 indicates
that the factor may not be applicable. If the answer is no, then
decision point 3127 may ask if the other party was traveling at
less than a minimum legal speed for the roadway. If not, then step
3132 indicates that the factor may not be applicable. If the party
was traveling at less than the minimum legal speed, but not
considerably slower, then decision point 3131 may ask if the
vehicle's flashers were on. Step 3137 indicates that the factor may
not be applicable if the vehicle's flashers were on. If the
flashers were not on, step 3139 indicates that a "low" penalty
value may be assessed against the other party. If the other party
was traveling considerably slower than the minimum legal speed,
then decision point 3129 may ask if the vehicle's flashers were on.
Step 3133 indicates that the factor may not be applicable if the
flashers were on. If the flashers were not on, step 3135 indicates
that a "medium" penalty value may be assessed against the other
party. In certain embodiments, other considerations may be used in
determining the effect on liability of the other party traveling at
less than the minimum legal speed. For example, in certain
jurisdictions, various methods may be allowed to indicate a slow
moving vehicle. For example, a sign or placard may be displayed on
a vehicle or the vehicle may have a flashing yellow light. In such
embodiments, the use of any approved method to provide warning to
other traffic that the vehicle is moving slowly may result in the
factor being not applicable.
[0224] FIG. 31c is a table illustrating the estimation of the
effect of a factor that accounts for the contribution of speed to a
motor vehicle accident according to the first embodiment. The first
column of FIG. 31c may be related to the maximum safe speed
calculated as shown in FIG. 31b. The second column of FIG. 31c may
include an actual speed for the vehicle. The third column may
include following distances subjectively estimated by an
experienced claims adjuster for several ranges of the actual speed
of a following vehicle. A following distance less than that
specified for a given actual speed range may be considered close
while a following distance greater than that specified may be
considered far. The fourth and fifth columns may provide exemplary
penalty values or ALVs to be assessed to a party under
consideration.
[0225] For example, if the determined maximum safe speed is 50
miles per hour, a vehicle with an actual speed of 65 miles per hour
following at a distance of 175 feet may have a penalty value
assessed of 10% according to FIG. 31c. For the same maximum safe
speed, a vehicle with an actual speed of 85 miles per hour may have
an absolute liability value of 70% assessed.
[0226] FIGS. 32a-c may be used for estimating the effect of a
factor that accounts for the contribution of speed to a motor
vehicle accident according to a second embodiment. In some
embodiments, the speed factor may not apply to accident type 14, as
shown in step 3205 of FIG. 32b.
[0227] Referring to FIG. 32a, a maximum safe speed may be
estimated. The maximum safe speed may be estimated as a percentage
of the maximum legal speed (i.e., speed limit) for the location. To
estimate the percentage of the speed limit corresponding to the
maximum safe speed, a road condition may be selected from the first
column of the table. Each road condition may be associated with a
percentage that may be used to estimate the maximum safe speed for
the location. Thus, for example, a vehicle traveling on a dry road
having a speed limit of 65 mph may be estimated as having a maximum
safe speed of 65 mph. However, if the road is wet, the vehicle may
be estimated to have a maximum safe speed of about 59 mph.
[0228] In some embodiments, after the safe speed from the table is
determined an additional adjustment may be made to the estimate of
the maximum safe speed based on the weather. For example, in some
embodiments, if the weather is raining, sleeting or hailing the
safe speed from the table in FIG. 32a may be reduced by 10%. If the
weather is snowing, the safe speed determined from the table in
FIG. 32a may be reduced by 20%. If the weather is foggy, smoky or
smoggy the safe speed determined from the table in FIG. 32a may be
reduced by 30%.
[0229] FIG. 32b depicts a flowchart for determining the effect of
speed on liability in a vehicle accident. Step 3205 shows that if
the answer to decision point 3203 is accident type 14, the factor
may not be applicable. For any other accident type, decision point
3207 may ask which party is under consideration. If the party is
the tortfeasor, then decision point 3211 may ask if the tortfeasor
was going faster than the estimated maximum safe speed. If the
answer is yes, then step 3213 may refer to the table in FIG. 32c to
calculate the effect on the liability. If the tortfeasor was not
going faster than the maximum safe speed, then the factor may not
be applicable, as shown in step 3215.
[0230] If the party being considered at decision point 3207 is the
other party, then decision point 3209 may ask if the accident type
is 1. If the accident type is not 1, then decision point 3219 may
ask if the other party was going faster than the estimated maximum
safe speed. If the answer is yes, then step 3221 may refer to the
table in FIG. 32c to calculate the effect on the liability. If the
party was not going faster than the maximum safe speed, then step
3223 indicates that the factor may not be applicable.
[0231] However, if the accident type is 1 at decision point 3209,
decision point 3217 may ask if the other party was stopped at a
yielding traffic control. If the answer is yes, then step 3225
indicates that the factor may not be applicable. If the answer is
no, then decision point 3227 may ask if the other party was
traveling at less than a minimum legal speed for the roadway. In
some embodiments, decision point 3227 may ask if the other party
was traveling at less than a prevailing speed on the roadway. If
the other party was not traveling at less than the minimum legal
speed, then step 3232 indicates that the factor may not be
applicable. If the other party was traveling at less than the
minimum legal speed, but not considerably slower, then decision
point 3231 may ask if the vehicle's flashers were on. Step 3237
indicates that the factor may not be applicable if the vehicle's
flashers were on. If the flashers were not on, step 3239 indicates
that a "low" penalty value may be assessed against the other party.
If the other party was traveling considerably slower than the
minimum legal speed, then decision point 3229 may ask if the
vehicle's flashers were on. Step 3233 indicates that the factor may
not be applicable if the vehicle's flashers were on. If the
flashers were not on, step 3235 indicates that a "high" penalty
value may be assessed against the other party. In certain
embodiments, other considerations may be used in determining the
effect on liability of the other party traveling at less than the
minimum legal speed as discussed with reference to FIGS. 31a and
31b.
[0232] FIG. 32c may be used to estimate an effect on liability of
the contribution of speed to a vehicle accident. The table of FIG.
32c may be used in the same manner described for FIG. 31c
above.
[0233] FIG. 33a is a flowchart for estimating the effect of a
factor that accounts for the contribution of a sudden stop or
swerve to a motor vehicle accident according to one embodiment. As
used herein, the term "sudden stop or swerve" generally refers to a
rapid deceleration or change of direction. A sudden stop or swerve
may typically be taken to avoid another object such as, but not
limited to, an animal, pedestrian, road defect, another vehicle or
road debris. FIGS. 33b-f are flowcharts associated with FIG. 33a
that estimate the effect on liability of a sudden stop or swerve. A
sudden stop or swerve factor may be applied to the tortfeasor for
accident types 11, 12, 13, and 16 or to the other party for
accident type 1.
[0234] In FIG. 33a, decision point 3301 and step 3302 indicate that
the factor may not be applicable to combinations other than to the
tortfeasor for accident types 11, 12, 13, or 16 and to the other
party for accident type 1. If the party and accident type under
consideration are one of these combinations, then decision point
3303 asks whether there was a sudden stop or swerve in the
accident. If there was not, then the factor may not be applicable,
as shown by step 3304. If there was a sudden stop or swerve then
the reason for the sudden stop or swerve may be solicited at
decision point 3305. The reason may include a road defect, debris,
a pedestrian, another vehicle, or an animal. In addition, FIG. 33a
also considers the case of a sudden stop or swerve for no apparent
reason.
[0235] In FIG. 33a, if the reason is a road defect the flowchart
may refer to a road defect flowchart 3380 as depicted in FIG. 33b.
The first decision point 3306 in road defect flowchart 3380 may
asks if the party should have seen the road defect sooner than the
party did. If yes, then a "medium" penalty value may be assessed to
the party under consideration as shown by decision point 3307. If
the answer to decision point 3306 is no, then decision point 3308
may be reached where it is determined whether the party was
familiar with the area of the accident and/or the defect. If the
party was familiar with the area of the accident and/or the defect,
then a "medium" penalty value may be assessed to the party, as
shown by step 3309. If the party was not familiar with the area of
the accident and/or the defect at decision point 3308, then
decision point 3312 may ask if the sudden stop or swerve was
reasonable. If the answer is yes, then an ALV of 0% liability may
be assessed to the party at step 3313. In addition, it may be noted
in an assessment report that a third party (e.g., a party
responsible to maintain the road or a party that cased the defect)
may have contributed to the accident, and may thus bear a portion
of the liability. If at decision point 3312, it is determined that
the action was not reasonable, then a "medium" penalty value may be
assessed to the party at step 3314.
[0236] In FIG. 33a, if the reason for the sudden stop or swerve at
decision point 3305 is debris, then the flowchart may refer to a
debris flowchart 3381 as depicted in FIG. 33c. Decision point 3315
of debris flowchart 3381 may ask whether the party should have seen
the debris sooner than the party did. If not, then decision point
3322 may be reached, which may ask if the sudden stop or swerve was
reasonable. If the answer to decision point 3315 is yes, then
decision point 3316 may determine whether the debris was dangerous.
If the debris was dangerous, then decision point 3322 may ask if
the sudden stop or swerve was reasonable. If the debris was not
dangerous, then decision point 3319 may ask if the debris was
moving. If the debris was not moving, then a "medium" penalty value
may be assessed against the party. If the debris was moving, then
decision point 3320 may inquire whether the debris was coming
towards the party. If not, then a talking point may be reached in
step 3323. If yes, then decision point 3322 may ask if the sudden
stop or swerve was reasonable. At decision point 3322, if it is
determined that the action was reasonable, then an ALV of 0% may be
assessed against the party at step 3317. In addition, it may be
noted in an assessment report that a third party (e.g., a party
responsible for the debris) may have contributed to the accident,
and may thus bear a portion of the liability. If at decision point
3322, it is determined that the action was not reasonable then a
"medium" penalty value may be assessed to the party at step
3318.
[0237] In FIG. 33a, if the reason for the sudden stop or swerve at
decision point 3305 is a pedestrian or other vehicle, then the
flowchart may refer to a pedestrian or 3rd vehicle flowchart 3382
as depicted in FIG. 33d. It may be determined at decision point
3326 whether the sudden stop and swerve was reasonable. If it was
reasonable, then an ALV of 0% may be assessed to the party under
consideration, as shown by step 3328. If the sudden stop and swerve
at decision point 3326 is not reasonable, then a "medium" penalty
value may be assessed to the party as shown by step 3329.
[0238] In FIG. 33a, if there is no apparent reason for the sudden
stop or swerve at decision point 3305, then the flowchart may refer
to a no apparent reason flowchart 3383 as depicted in FIG. 33e. If
the action was a swerve, then the factor may not be applicable, as
shown by step 3332. Alternately, in some embodiments, a "medium"
penalty value may be assessed if the action was a swerve. If the
action was a sudden stop, decision point 3333 may ask if the
accident occurred on city streets. If yes, a "medium" penalty value
may be assessed to the party as shown by step 3334. If not, a
"high" penalty value may be assessed to the party as shown by step
3335.
[0239] In FIG. 33a, if the reason for the sudden stop or swerve at
decision point 3305 is an animal, then the flowchart may refer to
an animal flowchart 3384 as depicted in FIG. 33f. It may be
determined at decision point 3336 if the party should have seen the
animal sooner. If not, then decision point 3338 may be reached
which may ask if the sudden stop or swerve was reasonable. If the
answer to decision point 3336 is yes, then decision point 3337 may
ask if the situation was dangerous. If it is determined that the
situation may have been dangerous, then a talking point may be
reached at step 3340. If the situation was not dangerous, then
decision point 3339 may ask if the animal was moving. If the animal
was not moving, then decision point 3347 may ask if the animal was
domestic as shown by decision point 3347. If the animal was
domestic, then a "medium" penalty value may be assessed against the
party. Additionally, it may be noted in an assessment report that a
third party (e.g., the animal's owner) may bear a portion of the
liability. If the animal was not domestic, then a "medium" penalty
value may be assessed against the party.
[0240] If the animal was moving, in answer to decision point 3339,
decision point 3341 may ask if the animal was coming towards the
party. If the animal was not, then a talking point may be reached,
as shown by step 3344. If the animal was coming towards the party,
then decision point 3345 may determine if the animal was domestic.
If the animal was not domestic, decision point 3343 may determine
if the action was reasonable. If it is determined that the action
was reasonable then an ALV of 0% may be assessed against the party
at step 3352. If at decision point 3343, it is determined that the
action was not reasonable then a "medium" penalty value may be
assessed to the party at step 3354. If at decision point 3345 it is
determined that the animal was domestic, decision point 3338 may
determine if the sudden stop or swerve was reasonable. If it is
determined that the action was reasonable, an ALV of 0% may be
assessed against the party at step 3356. In addition, it may be
noted in an assessment report that a third party (e.g., the
animal's owner) may have contributed to the accident, and may thus
bear a portion of the liability. If at decision point 3338, it is
determined that the action was not reasonable then a "medium"
penalty value may be assessed to the party at step 3358.
[0241] FIG. 34 is a flowchart for estimating the effect of a factor
that accounts for the contribution of all taillights or brake
lights being off when they should have been on to a motor vehicle
accident according to one embodiment. The factor may apply to
accidents where all taillights or brake lights on a vehicle were
off when they should have been on and contributed to the
accident.
[0242] In FIG. 34, decision point 3401 and step 3403 indicate that
the factor may not be applicable for combinations other than to the
tortfeasor for accident types 9 or 10 and to the other party for
accident type 1. In each case, the visibility should be known. The
next step for one of those combinations is decision point 3405,
which may ask if the party was braking when the accident occurred.
If the party was not braking, then decision point 3409 may ask the
visibility at the accident scene. Determination of the visibility
is discussed with regard to FIG. 35. Step 3419 indicates that the
factor may not be applicable if the visibility is good. If the
visibility is poor, then decision point 3421 may ask if the tail
lights were on. In an embodiment, tail lights may be considered to
be on if at least one tail light is on. Step 3433 indicates that
the factor may not be applicable if the tail lights were on.
[0243] However, if tail lights were not on, decision point 3435 may
ask whether it was dark without street lights. If the answer is yes
to decision point 3435, a "medium" penalty value may be assessed
against the party with the tail lights off at step 3445. Step 3447
indicates that if the answer to decision point 3435 is no, then a
"low" penalty value may be assessed against the party with the tail
lights off.
[0244] If the answer to decision point 3405 is yes, then decision
point 3407 may ask whether brake lights were on. In an embodiment,
brake lights may be considered on if at least one brake light was
on. In other embodiments, brake lights may be considered to be on
if two or more brake lights were on. Step 3411 indicates that the
factor may not be applicable if brake lights were on. If brake
lights were not on, decision point 3413 inquires into the
visibility at the accident scene. If visibility was good, then a
"low" penalty value may be assessed to the party with brake lights
off, as shown by step 3415. If the visibility was poor, then
decision point 3417 may ask if the tail lights were on. If the tail
lights were on, then, according to step 3429, a "low" penalty value
may be assessed to the party with the brake lights off. However, if
the tail lights were not on then decision point 3431 may be
reached. The steps 3438 and 3440 are identical to steps 3445 and
3447 previously described.
[0245] FIG. 35 is a flowchart for estimating the effect of a factor
that accounts for the contribution of visibility to a motor vehicle
accident according to one embodiment. The visibility factor may be
applied to the tortfeasor and/or other party for any accident type.
As used herein, the term "visibility" is generally defined as a
combination of the weather and the lighting that adversely affects
ability to see other vehicles, traffic controls, etc. In some
embodiments, visibility may not be an adjusting or talking point
factor in and of itself. It may be mentioned as a comment to the
accident. Visibility may be an input to other factors. In some
embodiments, weather may be a separate flowchart that may be used
as an input to other factors. Lighting may include, but is not
limited to, day, dawn, dusk, night with street lights, and night
without lights. Weather may include, but is not limited to, clear,
cloudy, raining, sleet/hail/freezing rain, snow,
fog/smoke/smog/dust, and fog with rain.
[0246] FIG. 35 is a flowchart that estimates the effect of
visibility on the liability. The first step in FIG. 35 is decision
point 3501 that may ask the lighting conditions at the accident
scene. If the lighting was daytime, then decision point 3503 may
determine the weather conditions. If the weather is clear/cloudy as
shown by step 3517, then the factor may not be applicable.
Alternatively, if the weather is "all others" (i.e., other than
clear or cloudy) as shown by step 3519, the visibility may be a
talking point. As input into another flowchart, steps 3519 and 3513
may be considered poor visibility and steps 3517 and 3511 may be
considered good visibility.
[0247] Similarly, the adverse weather may be determined at decision
point 3505 if the answer to decision point 3501 is "other." If the
answer to decision point 3505 is "clear/cloudy," then visibility
may be a talking point in reference to lighting as shown by step
3511. If the answer to decision point 3505 is "all other," then
visibility may be a talking point in reference to weather and
lighting as shown by step 3513.
[0248] FIG. 36 depicts an embodiment of a flowchart and table for
noting in an assessment report the effect of disobeyed signs or
markings. In FIG. 36, decision point 3601 may determine if one or
more signs or markings were disobeyed. If at decision point 3601,
it is determined that no signs or markings were disobeyed, the
factor may not be applicable as shown at step 3605. If signs or
markings were disobeyed, the method may refer to table 3607 at step
3603.
[0249] Table 3607 may provide a list of potential signs and
markings that may have been disobeyed in column 3609. If a sign or
marking was disobeyed, a note may be added to an assessment report
indicating the sign or marking disobeyed and whether a citation
resulted. If no citation was issued, then a note from violation
column 3613 corresponding to the sign or marking disobeyed may be
added to the assessment report. If a citation was issued then a
note from citation column 3615 corresponding to the sign or marking
disobeyed may be added to the assessment report as discussed with
reference to FIG. 55.
[0250] FIG. 37 is an illustration of how a factor influence may be
used to adjust the effect of factors on the liability according to
one embodiment. The factor influence may determine the effect the
sum of the effects on liability resulting from factors may have on
the base liability. As shown in FIG. 37, the factor influence may
have four levels: none (no adjustment), normal, low, and high. A
"high" factor influence may allow factors to modify the liability
significantly. A "low" factor influence may reduce the influence of
the factors below that determined by the "normal" factor influence.
Each factor influence level may have a percentage value associated
with it, for example, normal=100%, low=50%, and high=150%.
Therefore, a "low" factor influence may cut in half the summation
of all factor adjustments. In some embodiments, regardless of the
factor influence setting, the lower and upper bounds of the
liability may still constrain the final liability range.
[0251] Once a method is used to estimate the effect of the factors
on the base liability, liability values (LA and LB) for each
vehicle may be calculated by combining the contribution for each
vehicle with its corresponding base liability. Since the sum of the
calculated liabilities may be greater than 100%, it may be
necessary to calculate normalized liabilities from adjusted
liabilities: L.sub.AN=L.sub.A/(L.sub.AN+L.sub.A- ) and
L.sub.BN=100%-L.sub.AN. If L.sub.AN is greater than the upper
bound, the final liability may be set equal to the upper bound. If
L.sub.AN is less than the lower bound of the liability, the final
liability may be set equal to the lower bound.
[0252] Alternatively, the effect of the factors on liability may be
combined with the base liability according to a debit-credit
method. A portion of the effect to liability of one vehicle may be
added to that party's liability and the remainder may be subtracted
from the other party's liability. For example, one half may be
added to one party's liability and one half subtracted from the
other party's liability.
[0253] In an embodiment, the liability may be expressed as a range
rather than a single value. The range may be generated by a range
radius. As used herein, the term "range radius" generally refers to
a percentage value that may be added and subtracted from the final
liability to create the range: L.sub.AN+range radius. The range
radius may be adjustable by the user and may be applied to all
claims.
[0254] In one embodiment, a user may specify a range snap-to value.
As used herein, the term "range snap-to" value generally refers to
a multiple to round up or down to for the range. For example, the
calculated liability may be 82.+-.5%. If the range snap-to value is
5 percent, the liability may be adjusted to 80.+-.5%.
[0255] The liability range may be adjusted if any part of it falls
outside of the upper and lower bounds of liability. In one
embodiment, the liability range may be shifted. If the maximum of
the liability range is greater than the upper bound of liability,
the maximum of the liability range may be shifted to the upper
bound of liability. The minimum of the range may be shifted to the
lower bound of liability if the liability range is larger than the
upper bound to lower bound range. If the liability range is less
than the upper bound to lower bound range, the minimum of the
liability range may be shifted to the upper bound minus twice the
range radius.
[0256] Similarly, if the minimum of the liability range is less
than the lower bound of liability, the minimum of the liability
range may be shifted to the lower bound of liability. The maximum
of the range may be shifted to the upper bound of liability if the
liability range is larger than the upper bound to lower bound
range. If the liability range is less than the upper bound to lower
bound range, the maximum of the liability range may be shifted to
the lower bound plus the twice the range radius.
[0257] Alternatively, rather than shifting, the liability range may
be truncated to keep as much of the original liability range as
possible. If the maximum of the liability range is greater than the
upper bound, the maximum of the range may be the upper bound of
liability. If the minimum of the range is less than the upper
bound, the minimum of the range may be the lower bound of
liability.
[0258] In one embodiment, a knowledge acquisition utility may be
provided to a user to allow the user to configure information
associated with impact groups for roadway configuration/accident
type combinations. For example, sets of impact groups associated
with each roadway configuration and accident type may be
configured. Further, each impact group may have one or more
estimates of base liability associated with it. For example, each
impact group in a roadway configuration and accident type
combination may have a base liability, an upper range of liability,
and a lower range of liability for each party associated with it.
FIG. 38 is a screen shot of a window that may be used for selecting
a roadway configuration/accident type combination according to one
embodiment. As shown and discussed in reference to FIG. 8b, a given
roadway configuration/accident combination may be associated with a
plurality of impact groups where an impact group may be a
collection of pairs of impact points. Impact points may be defined
by the impact point diagram in FIG. 8a. Each of the pairs of impact
points in the impact group may have the same base liability and
lower and upper bounds of liability. A claims organization may
designate a user such as an experienced claims adjusters to use the
knowledge acquisition utility to determine the number of impact
groups for each roadway configuration/accident type combination and
the impact point pairs in each impact group.
[0259] A claims organization may further employ a user (e.g., an
experienced claims adjusters) to assign base liabilities and lower
and upper bounds of liability to each of the impact groups derived
with the aid of the knowledge acquisition utility. As used herein,
the term "knowledge acquisition utility" generally refers to an
application that allows a claims organization to configure a system
for estimating liability in an accident to meet the claims
organizations needs. For example, the knowledge acquisition utility
may allow the claims organization to set base liability, lower
bound of liability and upper bound of liability for each impact
group. The knowledge acquisition utility may also allow the claims
organization to configure a numerical value associated with penalty
factors. For example, a claims organization may use the knowledge
acquisition utility to set a "low" penalty value equal to a 10%
adjustment in liability. Likewise, a "medium" penalty value may be
set at 20% and a "high" penalty value set at 30%. In various
embodiments, other determinants of liability may also be
configurable by the claims organization using the knowledge
acquisition utility, including, but not limited to, situational
weights associated with various factors, range radii, range
snap-tos, etc.
[0260] In an embodiment, a knowledge acquisition utility may be
used in conjunction with a tuning utility. A tuning utility may
include a knowledge acquisition utility. In an embodiment of a
tuning utility, the user may select a roadway configuration and
accident type combination to edit from a window as described with
reference FIGS. 38 and 39. The user may input base liabilities,
lower, and upper bounds of liability for each of the impact groups
corresponding to the roadway configuration/accident type
combination. After the base liabilities are input, the user may run
one or more pre-configured test scenarios built into the tuning
utility. The user may then analyze the results and refine the base
liabilities. The procedure may be repeated until the user is
satisfied with the results produced by the liability estimation
system. This process of entering estimates of liability or effect
on liability, then testing those estimates by use or one or more
pre-configured test scenarios is referred to herein as "tuning."
The user may enter base liability information for all other roadway
configuration and accident type combinations, run test scenarios,
analyze output, refine tuning parameters, and repeat until
satisfied. Likewise, the user may enter factor tuning information,
as described with reference to FIG. 40, test each factor
individually until satisfied, test combinations of factors, and
adjust tuning parameters as necessary.
[0261] The window depicted in FIG. 38 contains a matrix 3800 of
roadway configurations, R, and accident types, A. Diagrams
representing roadway configurations are illustrated in FIG. 5.
Diagrams representing accident types are illustrated in FIG. 4.
[0262] The elements of the matrix labeled with a "--" are
combinations which may not be considered because the particular
roadway configuration and accident type combination may be
considered implausible. In the embodiment depicted, the implausible
combinations are a subset of the combinations labeled with an "N"
in FIG. 6. In some embodiments, all roadway configuration and
accident type combinations may be available to the claims
organization. In such embodiments, the claims organization may
utilize the knowledge acquisition utility to designate one or more
combinations implausible.
[0263] To configure a particular roadway configuration and accident
type combination, a user may select the desired values of A and R
from menus 3801 and 3803, respectively. Selecting Edit push-button
3805 may open an edit combination window (as depicted in FIG. 39),
which may allow the user to edit impact groups for a given roadway
configuration and accident type combination. Once a combination has
been selected and configured, an indicator adjacent to combination
3807 may indicate that the combination has been configured. For
example, a checkbox may be associated with each combination. In
such embodiment, an "X" may appear in the check box to designate
that a combination has been configured.
[0264] FIG. 39 is a screen shot of edit combination window 3925
from a knowledge acquisition utility according to one embodiment.
The window may display a graphic representation of selected roadway
configuration 3927 and accident type 3929. For example, in FIG. 39
the accident type shown is type 2, as shown in FIG. 4, and the
roadway configuration is B, as shown in FIG. 5. A graphic
representation of impact point diagram 3931 (as shown in FIG. 8a)
may also be displayed. The window may display a text description of
the accident type and roadway configuration combination 3933. For
example, as depicted in FIG. 39, the text description may be, "Left
Turn Crossing Traffic on a Four Way Intersection."
[0265] The user may also be provided with free-form text entry area
3935 to provide comments directed to the combination. For example,
a claims organization may desire a particular comment to be
displayed to a user entering claims information containing the
combination.
[0266] Edit combination window 3925 may also include a plurality of
impact group text areas 3937 configured to display impact groups
and associated impact pairs. Associated with each impact group text
area may be impact group edit area 3939. Impact group edit area
3939 may allow the user to enter one or more impact pairs to be
associated with the impact group.
[0267] Also associated with each impact group text area 3937 may be
liability input text area 3940. Liability input text area 3940 may
include base liability field 3942, minimum liability field 3941,
and maximum liability field 3943 associated with an accident where
vehicle A has the right of way and base liability field 3945,
minimum liability field 3944, and maximum liability field 3946
associated with an accident where vehicle B has the right of way.
In an embodiment, liability input text area 3940 may allow the user
to input estimates of liability for only one vehicle in the
accident. For example, the liability input text area may be related
to the liability of vehicle A only. In alternate embodiments,
liability input text area 3940 may allow the user to input
liability estimates for each vehicle. In either embodiment,
liability input text area 3940 may display an estimate associated
with a second vehicle. The liability estimate for the second
vehicle may be determined from the liability estimates provided for
the first vehicle on the assumption that liability must total to
100% between the two vehicles.
[0268] In an embodiment, the user may edit factors associated with
the roadway configuration and accident type combination by
selecting Factor button 3947 in editing combination window 3925.
Selecting Factor button 3947 may bring up situational weight
configuration window 3950, as depicted in FIG. 40.
[0269] FIG. 40 is a screen shot of situational weight configuration
window 4001 according to one embodiment. Situational weight
configuration window 4001 may be used to configure situational
weights associated with one or more factors for a given roadway
configuration and accident type combination. The situational
weights may be used to adjust the magnitude of the effect of the
factors on liability, as described with reference to FIG. 9a.
[0270] Situational weight configuration window 4001 may include a
number of columns. First vehicle column 4003 (e.g., column "A") may
include rows of data associated with a first vehicle (e.g., vehicle
"A"). Second vehicle column 4007 (e.g., column "B") may include
rows of data associated with a second vehicle (e.g., vehicle "B").
Factors column 4005 may include rows containing text descriptions
of various factors. A user may select a situational weighting
associated with each vehicle for each factor listed in factors
column 4005. For example, in row 4009, the user has selected a
"low" situational weight for vehicle A and a "high" situational
weight for vehicle B for the speed factor.
[0271] In some embodiments, characteristics other than base
liabilities, and factors may be adjusted by a knowledge acquisition
utility. These characteristics include, but are not limited to,
factor rankings, penalty values, range radii, range snap-tos, and
absolute liability values. Alternatively, penalty values may not be
tunable since they may be estimated by a method as illustrated in
the flowcharts in FIGS. 10a to 36.
[0272] FIG. 41 is a screen shot of impact point display window 4100
of a knowledge acquisition utility for displaying impact point
pairs for a roadway configuration and accident type combination
according to one embodiment. Impact point display window 4100 may
provide a mechanism for displaying to the user of a knowledge
acquisition utility what impact point combinations make up the
impact group that is being considered by the user. Impact point
display window 4100 along with the roadway configuration and
accident type combination may provide a context within which to
make decisions about base liability.
[0273] Impact point display window 4100 displays two vehicles with
labeled impact points that belong to a given impact group. When the
user selects an impact point on a first vehicle, the selected
impact point and corresponding impact points on a second vehicle
may be highlighted. The selected impact point on the first vehicle
and the highlighted impact points on the second vehicle are pairs
of impact points in the impact group. For example, in impact point
display window 4100, impact point (801) on the vehicle on the left
is selected resulting in impact points (807), (808), and (809)
being highlighted on the vehicle on the right. Therefore,
(801,807), (801,808), and (801,809) are pairs of impact points.
[0274] FIG. 42 illustrates a screen shot of claim Data window 4200.
claim data window 4200 may be divided into a number of frames.
Control frame 4201 may provide access to basic controls for the
application. For example standard pull down menus may provide
access to file, edit, tool and help menus as are commonly used.
Additionally, controls frame 4201 may include a number of frame
selection buttons (e.g., buttons 4203, 4205, 4207, 4209, 4211, and
4213). Each frame selection button may cause a data display frame
4250 to display different data. For example, selecting "ROW" frame
selection button 4205 may cause data regarding right of way in a
vehicle accident to be displayed. claim data window 4200 may also
include claim data frame 4225. claim data frame 4225 may include
basic claim data associated. In some embodiments, claim data frame
4225 may continuously display the basic claim data while data
display frame 4250 allows other data related to the accident to be
entered. Accessories frame 4275 may allow the user to select a
number of tools that may be useful to the user as claim data is
being entered. Legal reference button 4277 may allow the user to
access information related to the laws of a jurisdiction in which
the accident took place. Calculator button 4279 may allow the user
to access a calculator feature. Comments button 4281 may allow the
user to access a free-form text entry area in which comments may be
entered. Show details button 4283 may allow the user to access a
summary report screen that displays details related to the
accident.
[0275] Claim data frame 4225 may contain data entry fields
including, but not limited to, a claim number, a policy number, an
accident location, who reported the accident, whether police where
called, what branch of the police was called, whether there were
any injuries, whether there were fatalities, what state the
accident took place, the date of the accident, what time the
accident took place, a policy start date, a policy end date, who
the accident was reported to, and a description of the loss due to
the accident. In an embodiment, a system may access a claims
organization's database to retrieve information related to a policy
or an insured party based on a policy number. For example, the
policy start and end dates may be automatically entered by the
system based on information in the claims organization's
database.
[0276] Vehicles frame 4300, as depicted in FIG. 43, depicts a frame
for entering data related to the vehicles involved in the accident
according to one embodiment. Vehicles frame 4300 may appear in data
display frame 4250 if the user selects "Basic" frame selection
button 4203 and vehicle information frame tab 4303. Other options
available to the user when "Basic" frame selection button 4203 is
selected may include party information frame tab 4301 and
additional information frame tab 4305. The user may enter the
number of vehicles involved in the accident in number field 4307.
The user may enter the types of each vehicle in type fields 4309.
In an embodiment, the number of type fields provided may correspond
to the number of vehicles entered into vehicles field 4307. In some
embodiments, two type fields 4309 may be provided by default. In
such embodiments, a first type field may correspond to the insured
party's vehicle type, and a second type field may correspond to the
claimant party's vehicle type. In such embodiments, additional type
fields may be provided if more than two vehicles were involved in
the accident. Vehicle types may include, but are not limited to, an
automobile, a light truck, and another type.
[0277] FIG. 44 is a screen shot of additional information screen
4400. Additional information screen 4400 may be displayed when
Additional Information tab 4305 is selected. Additional information
screen 4400 may allow the user to enter a description of the
accident in a free-form text entry box.
[0278] FIG. 45 illustrates a screen shot of party information frame
4500. Party information frame 4500 may be displayed in data display
frame 4250 when Party Information tab 4301 is selected. The user
may be prompted to select a party involved in the accident from the
menu that may include: Insured, claimant, or Witness. The user may
be presented with input fields related to identifying information
specific to the party selected. For example, the user may enter the
selected party's name, address, city, zip code, phone number,
gender, and state into entry fields. The user may enter a
description of the accident made by the party into a free-form text
entry box.
[0279] FIG. 46 depicts an embodiment of a legal reference screen.
The legal reference screen may be accessed by selection of legal
reference button 4277 in accessories frame 4275. The legal
reference screen may provide the user with legal information for a
jurisdiction in which the accident occurred. The legal information
may be pertinent to determining liability in the accident. In an
embodiment, the legal reference information may be accessed from a
subscription legal reference service, such as the Westlaw legal
information service, available from West Group of St. Paul, MN. For
example, laws pertaining to proportionate responsibility for the
jurisdiction may be displayed. The jurisdiction may be determined
by the state selected in claim data frame 4225.
[0280] FIG. 47 illustrates an embodiment of right of way data frame
4701 that may be displayed if a user selects right of way button
4205 in controls frame 4201 and "Accident/Roadway" tab 4703. Based
on data provided in right of way frame 4701, the system may
determine a right of way in an accident by a method described with
reference to FIGS. 7a and 7b. In some embodiments, a right of way
data frame may allow a user to make a manual determination of right
of way. Accident/Roadway tab 4703 may present a user with a list of
vehicles involved in accident 4705 and selection frames for
accident type 4707 and roadway configuration 4709. Accident type
frame 4707 may display a graphical representation of a currently
selected accident type. Roadway configuration frame 4709 may
display a graphical representation of a currently selected roadway
configuration. A user may select a different accident type or
roadway configuration by using selection buttons 4711 and 4713,
respectively.
[0281] FIG. 48 illustrates an embodiment of traffic controls data
frame 4801 that may be displayed if a user selects right of way
button 4205 in controls frame 4201 and "Traffic Controls" tab 4803.
Using traffic controls data frame 4801, the user may enter
information regarding one or more traffic controls that may have
been present at the scene of an accident. The user may indicate a
primary and a secondary traffic control in "primary traffic
control" field 4805 and "secondary traffic control" field 4807,
respectively. The user may also indicate if a traffic control was
disobeyed in field 4809. The user may also indicate if a traffic
control was partially obscured in field 4811. The user may indicate
if a traffic control was completely obstructed or missing in field
4813. The user may indicate if an intersection appeared
uncontrolled at the time of the accident in field 4815. Information
provided in fields 4809, 4811, 4813, and 4815 may be used to
determine the effect of a missing or defective traffic control on
liability on the accident.
[0282] FIG. 49 illustrates an embodiment of impact points data
frame 4901 that may be displayed if a user selects right of way
button 4205 in controls frame 4201 and "Impact Points" tab 4903.
Using impact points frame 4901, the user may enter information
regarding impact points for each vehicle in the accident. In an
embodiment, impact points data frame 4901 may present the user with
graphical representations of the vehicles involved, referenced by
numerals 4905 and 4907. In such embodiments, the user may be able
to select the impact points on the graphical representation.
[0283] FIG. 50 illustrates an embodiment of discords report frame
5001 that may be displayed if a user selects right of way button
4205 in controls frame 4201 and "Discords" tab 5003. As a user
selects information describing an accident, two or more pieces of
information may describe an implausible circumstance. For example,
an accident type of head on may be selected with a roadway
configuration of merging from the left. This accident type and
roadway configuration may be unlikely to occur. Discord report
frame 5001 may display a report indicating to the user that an
unlikely combination has been selected. This may allow the user to
change one or more selections, or to proceed to a manual assessment
of the accident using the existing selections.
[0284] FIG. 51 illustrates an embodiment of factors input frame
5101 that may be displayed if a user selects gather 4207 in
controls frame 4201. Factors input frame 5101 may provide input
area 5105 for each vehicle involved in the accident. For example,
as depicted in FIG. 51, factors input frame 5101 has an input area
for a claimant and an insured. The claimant input area may be
accessed by selecting claimant tab 5103. Each input area 5105 may
include questions column 5107, which may list questions to be asked
during an accident investigation. Alternately, in some embodiments,
questions column 5107 may provide a column of input fields in which
an adjuster may enter questions that were asked during the accident
investigation. Some embodiments may include both an area to input
adjuster originated question and a list of system prompted
questions.
[0285] Questions asked may pertain to individual factors or groups
of factors. Factors category selection area 5104 may allow the user
to select an individual factor or a category of factors for which
information may be input. For example, by selecting a visibility
factor category from factor category selection area 5104, the user
may be provided a list of questions related to the visibility
factor as described with regard to FIG. 35.
[0286] Factors input area 5101 may also include one or more
versions columns for entering responses to questions provided by
various parties. For example, insured version column 5109 and
claimant version column 5111 are depicted in FIG. 51. If other
parties provide answers to one or more questions, additional
version columns may be generated by selecting add version button
5113. Alternately, a version column may be deleted by use of delete
version button 5115. Version columns may be used to enter responses
provided by a party regarding the questions in questions column
5107.
[0287] FIG. 52 depicts an embodiment of conflict identification
frame 5201 according to one embodiment. Conflict identification
frame 5201 may assist an adjuster in identifying two or more
answers from witnesses that appear to be in conflict with one
another. The assessment of liability in a motor vehicle accident
may involve analysis of multiple statements of the description of
an accident. In one embodiment, the consistency between different
witness statements may be assessed. The statements may be from the
drivers or passengers of vehicles involved, bystanders and/or other
drivers not involved in the accident. In some instances, statements
provided by these various witnesses may not agree on all of the
details of the accident. For example, details that may be important
in assessing liability may include, but are not limited to, speed
of the vehicles, whether brakes were applied, whether signaling was
improper or nonexistent, whether a vehicle yielded, the road
condition, the road character, road defects, whether a traffic
control was defective, visibility, whether a driver was wearing
required corrective lenses, distance between the vehicle before the
accident, whether headlights were off, the presence of an
animal/pedestrian/other vehicle, whether a vehicle made a sudden
stop or swerve, whether taillight or brake lights were off, whether
a vehicle undertook unsafe backing, whether there was failure to
take evasive action, whether a vehicle had high beams on, and
whether a lane change was improper.
[0288] The system may compare answers given by each witness to
various questions to determine if inconsistencies exist. In an
embodiment, inconsistencies may be identified even if witnesses
were not asked the same questions. For example, the system may flag
an inconsistency if a driver answers no when asked, "Did you
consume any alcohol prior to the accident?" but a witness answers
yes when asked, "Did the drive of the vehicle seem to be impaired?"
claims adjusters may use details that are described inconsistently
for informational purposes. The system may list inconsistencies
identified in tabular form in conflict identification frame 5201.
Details with inconsistent versions may be noted in the tabulation
of results. For example, question column 5203 may list a general
question having inconsistent responses. Continuing the previous
example regarding alcohol, question column 5203 may contain the
question, "Did the alcohol contribute to the accident?" Regarding
the general question in column 5203, source column 5205 may list
each source that provided an answer regarding the question.
Response column 5207 may list responses associated with each
source. Conflict identification frame 5201 may further provide the
user with adjuster selection field 5209. Adjuster selection field
5209 may allow the user to select a response that the adjuster
desires to designate as accurate. In other embodiments, the system
may identify a most likely version of the accident. The most likely
version may correspond to the version with the most responses that
are consistent across all of the witnesses. For example, if 5
witnesses were asked about a particular detail and three provided
consistent answers, the system may flag these answers as the most
likely version of the accident.
[0289] FIG. 53 depicts an embodiment of review frame 5301. After a
determination of a most likely version of the accident has been
made, the user may be provided with review frame 5301 to review the
responses retained as the most likely version of the accident. The
user may select a category of factors to review from a list of
categories of factors 5303. Questions applicable to the selected
category of factors may be displayed in questions column 5305.
Answers from the determined most likely version of the accident may
be displayed in answers columns 5307 and 5309.
[0290] In certain circumstances, the system may not be able to
determine an accurate estimate of liability. For example, highly
unusual circumstances of the accident may inhibit accurate
assessment by the system. In such cases, manual assessment input
screen 5401 may be provided, as depicted in FIG. 54. Manual
assessment input screen 5401 may include insured liability field
5403 and claimant liability field 5405. Additionally, manual
assessment input screen 5401 may include comments field 5407, where
the user may provide comments regarding the need for the manual
assessment and/or circumstances related to the accident.
[0291] FIG. 55 depicts Consultation Report frame 5501 according to
one embodiment. Consultation Report frame 5501 may include text box
5502 for displaying an Assessment Summary report. The Assessment
Summary report may include a summary of data gathered and an
assessment of liability. For example, the Assessment summary report
may include, but is not limited to, the claim number, the minimum
and maximum percentage of liability, the accident type, the roadway
configuration, comments regarding one or more factors, proximate
cause, accident date, whether the accident involved injuries,
whether the police were called, the accident location, accident
description, who the accident was reported by and reported to,
jurisdiction, relevant traffic laws of the jurisdiction, identity
of the claims adjuster that addressed the claim, and vehicle
information for each vehicle. Vehicle information may include the
Vehicle Identification Number ("VIN"), make, model, year, impact
point, vehicle type, right of way, speed, factors that apply to the
vehicle, and party who was driving the vehicle.
[0292] The user may indicate whether the assessment is complete or
incomplete by using Assessment Status field 5503. The user may
indicate whether the claim has settled using Settled field 5505. A
settlement date may be entered in Settlement Date field 5511.
[0293] In an embodiment, notes may be added to an Assessment
Summary report depending on the determination reached for each
factor. With reference to FIGS. 10a to 36, each terminus of each
factor may have a report message code associated with it. Report
message codes listed in an assessment report may aid the adjuster
in explaining the assessment and/or in negotiating a settlement. It
may be especially helpful to the adjuster to have talking points
reached in the assessment listed in the assessment report.
[0294] In an embodiment, other reports may be available to a user
as well. For example, a user may be able to configure ad hoc
reports related to historical accidents. The system may also
provide one or more pre-configured reports. For example, a number
of administrative or business reports may be available. Such
reports may include, but are not limited to, reports pertaining to
previous settlements reached, accidents claimed in a particular
region or under a particular policy, and accidents associated with
various categories of drivers or vehicles.
[0295] In another embodiment, a graphical user interface similar to
that illustrated in FIGS. 42 to 54 may be combined with accident
reconstruction methodology to assess the credibility of details in
witness accident descriptions. Accident reconstruction software may
be applied to determine details relating to speed, time, and
distance of the vehicles involved in the accident. Such details may
be inferred by accident reconstruction software from physical
measurements. For example, the impact speed may be inferred from
physical damage to vehicles. The results of the accident
reconstruction software may then be compared to the description of
the corresponding detail in the witness statements. The credibility
of a witness statement may then be evaluated according to its
consistency with the results of the accident reconstruction
software.
[0296] Accident reconstruction software may employ accident
reconstruction methods that may be dependent on a number of
variables. Variables may be related to the preservation of the
accident evidence, limitations in available specifications, and
choice of accident reconstruction techniques. Accident
reconstruction techniques may include damage-based and trajectory
analysis techniques.
[0297] Variables related to accident evidence include the facts of
the particular case, which may be unique for the case. Generally,
access to some facts may not be under the direct control of an
accident reconstructionist, however, the reconstructionist may
request documentation and/or memorialization of these facts. The
facts of a case may form the basis for the reconstruction. Facts
may be preserved or memorialized in photos or measurements by
police or other investigators at the time of the accident.
[0298] Accident evidence may include positions of rest of vehicles
in the accident (e.g., where they stop), tire marks, roadway
markings, damage to vehicles, and damage to property. The
memorialization of these items may vary widely between cases.
First, accident investigators (e.g., police on the scene of the
accident) may identify the important aspects of the accident
required to permit a detailed reconstruction. The determination of
the requirements of a reconstruction may be incidental to other
activities, for example, life-saving or the restoration of a safe
environment to the accident site. An investigator may try to
preserve as much of the evidence as possible. In this initial phase
of memorialization, photography, paint markings of vehicles'
positions of rest, impact marking, and debris may be used to
preserve evidence. It may be advantageous to photograph items of
evidence before putting paint marks on. Techniques for measuring
various items at the scene may include sight estimates, pacing,
tape measurements, and surveying type equipment. The variation in
the accuracy of these techniques may detract from the ultimate
accuracy of the speed estimates.
[0299] The vehicle damage data may not necessarily be preserved at
the scene. Typically, vehicle damage may remain unchanged for weeks
and/or years at a separate location while either waiting for repair
or disposal.
[0300] Measurement of the extent of vehicle damage may be subject
to some variation. However, typically, the variation of results of
a damage-data based reconstruction may mainly be due to differences
in the reconstruction and interpretation techniques rather than to
the measurement devices used.
[0301] Measurements and vehicle specifications may be used as
inputs to the equation that permit application of various physical
laws to the accident reconstruction. Specifications may include the
mass of the vehicles. Measurements may include the geometry of the
collision. Determining the geometry of the collision may require
the dimensions of the vehicles as inputs.
[0302] Additional specifications that may be used in a
reconstruction may include roadway friction coefficients, wheel
drag, and wheel steer, which may be used primarily for
trajectory-based analysis. The friction coefficient, drag, and
steer on the vehicle as it travels from impact to rest may be used
to approximate the kinetic energy dissipated in a trajectory-based
analysis. The two general techniques for accident reconstruction
include damage-based and trajectory-based methods. Damage-based
methods typically reconstruct accidents based on damage to vehicles
without applying accident scene data. Damage-based only
reconstruction techniques generally assume a virtual linear
relationship between the impact speed changes versus residual or
static crush. The relationship is virtual since it involves
equating the crush energy dissipated during the dynamic crushing of
the vehicles to the residual or static crush. Damage-based
reconstruction techniques may use a single full-scale crash test
data point for a given vehicle combined with an assumption
regarding a "no-damage" intercept to calculate custom-fitted
coefficients for use in individual case reconstructions. Such an
assumption may generally be recognized as a crude
first-approximation procedure. Alternatively, some damage-based
techniques may use multiple crash tests on an individual vehicle to
create multiple data points for a given vehicle.
[0303] A trajectory-based analysis may directly provide estimates
of the impact speed changes in the form of the differences between
impact and separation velocities for each vehicle. The general
concept or principle of a trajectory-based reconstruction may be
the conservation of momentum. The conservation of momentum, which
is based on Newton's second and third laws, is that the total
momentum of an isolated system of masses remains constant. The
conservation of momentum principle may serve as the theoretical
basis for reconstruction of impact speeds in vehicle-to-vehicle
collisions. The principal stipulates that the system momentum
preceding a collision and the system momentum after a collision,
for example at separation, are conserved in the absence of external
forces. Therefore, if the individual speeds and directions of
motion for each of the two vehicles in a collision to travel from
separation to rest can be determined, then the direction and
magnitude of this system momentum may be used to determine the
magnitudes and directions of the velocities that may have existed
prior to the collision, which are the impact velocities. Generally,
the magnitude of external forces produced by the tires and other
possible sources such as gouging and scraping of vehicle components
on the ground during the collision may be considered small when
compared to the magnitude of the forces of the collision. However,
it may be necessary to consider such external forces for a
comprehensive accident reconstruction.
[0304] Analyzing the total energy dissipated as the vehicles travel
from separation to their positions of rest may be important for
preparing a comprehensive trajectory-based reconstruction of a
collision. When vehicles separate after a collision, they may move
to rest positions against resistance forces produced primarily by
tire-to-ground friction. Secondary contacts, which may occur with
roadside obstacles and/or terrain features, may play significant
roles in the dissipation of kinetic energy and may also produce
redirection of the spinout trajectories.
[0305] In another embodiment, a graphical user interface like that
illustrated in FIGS. 42 to 54 may be combined with a credibility
assessment method to create a reliable accident description. The
details relevant to the accident such as those described herein may
be tested by a credibility assessment method such as the accident
reconstruction software as described herein. The most credible
version of the details may then be combined into a single, reliable
version of an accident description.
[0306] Further modifications and alternative embodiments of various
aspects of the invention may be apparent to those skilled in the
art in view of this description. Accordingly, this description is
to be construed as illustrative only and is for the purpose of
teaching those skilled in the art the general manner of carrying
out the invention. It is to be understood that the forms of the
invention shown and described herein are to be taken as the
presently preferred embodiments. Elements and materials may be
substituted for those illustrated and described herein, parts and
processes may be reversed, and certain features of the invention
may be utilized independently, all as would be apparent to one
skilled in the art after having the benefit of this description of
the invention. Changes may be made in the elements described herein
without departing from the spirit and scope of the invention as
described in the following claims.
* * * * *