Computerized method and system for estimating liability

• US 7,818,187 B2
• Filed: 11/27/2002
• Issued: 10/19/2010
• Est. Priority Date: 11/27/2002
• Status: Active Grant

• Current Assignee: Computer Sciences Corporation (DXC Technology Company)
• Original Assignee: Computer Sciences Corporation (DXC Technology Company)
• Inventors: Wiesman, Kimberly, Rourke, Kathleen E., Wahlbin, Stephan
• Primary Examiner(s): RINES, ROBERT D
• Application Number:
  US10/306,803
• Publication Number:
  US 20040103006A1
• Time in Patent Office: 2,883 Days
• Field of Search: 705/4
• US Class Current: 705/4
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/08 Insurance

Abstract

Computer-implemented methods and systems for estimating liability for a vehicle accident are provided. In one embodiment, an actual speed of a vehicle involved in an accident may be estimated. At least one specified speed of a vehicle involved in the accident may be provided to a computer system. In an embodiment, the specified speed may be a speed limit. In other embodiments, the specified speed may be a safe speed of the vehicle involved in an accident. The actual speed may be compared to at least one specified speed. In some embodiments, an effect on liability may be estimated based on the comparison.

Claims

1. A method of estimating liability for a vehicle accident under consideration, comprising:

a computer system executing program instructions to implement;

associating, in a memory of the computer system, one or more estimates of base liability with one or more sets of characteristics for past or theoretical accidents;

associating, in a memory of the computer system, one or more numerical factor shifts with each of at least two values of a speed factor, wherein at least one of the values of the speed factor is based on a comparison between a specified speed of a reacting vehicle with a speed for avoiding, wherein the specified speed is an actual speed, a safe speed, or a speed limit for an accident, wherein the speed for avoiding is an approximate speed that allows the reacting vehicle to avoid an accident, and wherein the speed for avoiding is a maintain-to-delay speed for the vehicle accident or a brake-to-delay speed for the vehicle accident, wherein the maintain-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, wherein the brake-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by braking without stopping;

estimating, for the vehicle accident under consideration, an actual speed of a vehicle involved in the vehicle accident;

providing at least one specified speed of the vehicle involved in the vehicle accident under consideration;

comparing, using the computer system, the actual speed to at least one specified speed, wherein at least one of the compared specified speeds comprises a safe speed for the vehicle assessed using a coefficient of friction of a road surface, wherein comparing the actual speed to at least one specified speed comprises calculating, using the computer system, an excess of the actual speed over the at least one compared specified speed;

estimating a base liability for the vehicle involved in the vehicle accident under consideration, wherein the estimate of base liability for the vehicle is based at least in part on at least one of the estimates of base liability associated with the one or more sets of characteristics for past or theoretical accidents;

assessing an opportunity of the vehicle to avoid the vehicle accident under consideration, wherein assessing the opportunity of the vehicle to avoid the vehicle accident under consideration comprises;

estimating one or more speeds for avoiding for the vehicle accident under consideration, wherein at least one of the speeds for avoiding is an approximate speed of the vehicle that would allow the vehicle to avoid the vehicle accident, wherein the at least one speed for avoiding is a calculated maintain-to-delay speed for the vehicle accident under consideration or a calculated brake-to-delay speed for the vehicle accident under consideration, wherein the calculated maintain-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, wherein the calculated brake-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by braking without stopping;

the computer system making one or more comparisons of at least one specified speed of the vehicle in the vehicle accident under consideration to at least one of the one or more estimated speeds for avoiding for the accident under consideration, wherein, for each of at least one of the one or more comparisons, the specified speed for the comparison is an actual speed, a safe speed, or a speed limit and the estimated speed for avoiding is the calculated maintain-to-delay speed for the vehicle accident under consideration or the calculated brake-to-delay speed for the vehicle accident under consideration;

determining a value of a speed factor for the vehicle accident under consideration based on at least one of the one or more comparisons made of the at least one specified speed of the vehicle involved in the vehicle accident under consideration to the at least one of the one or more estimated speeds for avoiding for the vehicle accident under consideration; and

estimating a contribution to liability of the vehicle involved in the vehicle accident based at least in part on the comparison of the actual speed to the at least one specified speed,

wherein the contribution to liability includes a first numerical adjustment to the estimate of base liability for the vehicle, wherein the amount of the first numerical adjustment varies based on the excess of the actual speed over the at least one compared specified speed,

wherein the contribution to liability includes a second numerical adjustment to the estimate of base liability for the vehicle, wherein the second numerical adjustment comprises at least one numerical factor shift, from among the numerical factor shifts in the memory of the computer system, that is associated with a value of the speed factor that matches the value of the speed factor for the vehicle accident under consideration.

2. The method of claim 1, wherein a specified speed comprises a legal speed limit for the vehicle at the location of the accident.

3. The method of claim 2, wherein the legal speed limit is the safe speed of the vehicle involved in the accident when the road surface is dry.

4. The method of claim 1, further comprising determining two or more numerical ranges of percent excess of actual speed over a legal speed limit or over a safe speed, wherein the contribution to liability is estimated, at least in part, based on the numerical range into which the calculated percent excess of actual speed over the specified speed for the vehicle falls.

5. The method of claim 1, wherein the amount of the contribution is based at least in part on a maximum shift value, wherein the maximum shift value is the maximum amount of shift in liability associated with the comparison.

6. The method of claim 1, further comprising:

determining two or more numerical ranges of percent excess of actual speed over a legal speed limit or over a safe speed, and

associating a maximum shift value with at least one of the ranges two or more ranges,

wherein the contribution to liability for the vehicle is determined, at least in part, based on the maximum shift value for the numerical range into which the calculated percent excess of actual speed over the specified speed for the vehicle falls.

7. The method of claim 1, wherein the safe speed, assessed using a coefficient of friction of the road surface, used to calculate the excess of the actual speed over the safe speed is determined from the equation:

Safe speed=[2*actual C_f*g*nominal dry stopping distance]^1/2

where actual C_f is the coefficient of friction between the vehicle and the road at the scene of the accident.

8. The method of claim 7, wherein the nominal dry stopping distance is determined from the equation:

Nominal dry stopping distance =(Speed Limit)²/(2×

dry C_f×

g)

where dry C_f is the coefficient of friction between a vehicle and a dry road and g is the gravitational acceleration.

9. The method of claim 1, wherein the value of the speed factor associated in the memory with at least one of the numerical factor shifts is:

actual speed is less than or equal to brake-to-delay speed.

10. The method of claim 1, wherein the value of the speed factor associated in the memory with at least one of the numerical factor shifts is:

actual speed is less than or equal to maintain-to-delay speed.

11. The method of claim 1,

wherein estimating one or more speeds for avoiding for the vehicle accident under consideration comprises calculating a maintain-to-delay speed for the vehicle accident under consideration, wherein the calculated maintain-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, and

wherein at least one of the comparisons of a specified speed of the vehicle in the vehicle accident under consideration to an estimated speed for avoiding for the accident under consideration comprises comparing the specified speed to the calculated maintain-to-delay speed for the vehicle accident under consideration.

12. The method of claim 1, further comprising:

associating, in a memory of the computer system, one or more numerical factor shifts with one or more values of each of;

a braking factor, wherein the value of the braking factor is based on whether or not the reacting vehicle attempted to avoid the vehicle accident by braking; and

an outcome factor, wherein each value of the outcome factor is based on a manner by which a vehicle accident may have been avoided, wherein the manner of avoiding the vehicle accident is one of;

stopping, delaying at a specified speed, or maintaining a specified speed;

wherein assessing an opportunity of the vehicle to avoid the vehicle accident under consideration further comprises;

determining, for the vehicle accident under consideration, whether the vehicle in the accident attempted to avoid the accident by braking or not;

determining, for the vehicle accident under consideration, a value of a braking factor and a value of an outcome factor;

wherein estimating the liability for the at least one party in the vehicle accident under consideration comprises applying, to an estimate of base liability for the party, at least one of the one or more numerical factor shifts in the memory, wherein the at least one applied numerical factor shift comprises at least one numerical factor shift that matches the value of the determined speed factor, the determined braking factor, and the determined outcome factor for the vehicle accident under consideration.

13. The method of claim 12, wherein the value of the braking factor associated in the memory with at least one of the numerical factor shifts is one of:

vehicle did brake;

or vehicle did not brake.

14. The method of claim 12, wherein the value of the outcome factor associated in the memory with at least one of the numerical factor shifts is one of:

stop;

delay;

or maintain.

15. The method of claim 1, wherein a numerical factor shift is associated in the memory of the computer system with each of a plurality of cases, wherein each of at least two of the plurality of cases corresponds to a combination of values for a speed factor, a braking factor, and an outcome factor.

16. The method of claim 1, wherein associating, in the memory of the computer system, one or more numerical factor shifts with the one or more values comprises:

associating, in the memory of the computer system, one or more numerical factor shifts with each of at least two of a plurality of cases, wherein each of at least two of the cases includes;

a comparison between a specified speed of a reacting vehicle with a speed for avoiding, wherein the specified speed is an actual speed, a safe speed, or a speed limit, wherein the speed for avoiding is an approximate speed of the reacting vehicle that would allow the reacting vehicle to avoid the vehicle accident;

whether or not a reacting vehicle attempt to avoid the vehicle accident by braking; and

a manner by which a vehicle accident may have been avoided, wherein the manner of avoiding the vehicle accident is one of;

stopping, delaying at a specified speed, or maintaining at the specified speed; and

wherein determining the estimate of liability for the at least one party comprises applying, to an estimate of base liability for the party, a numerical factor shift in the memory that is associated with a case, from among the plurality of cases, that matches the values of a speed factor, a braking factor, and an outcome factor for the vehicle accident under consideration.

17. The method of claim 16, wherein, for at least one of the cases, the speed for avoiding is a maintain-to-delay speed, wherein the maintain-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed.

18. The method of claim 16, wherein, for at least one of the cases, the speed for avoiding is a brake-to-delay speed, wherein the brake-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by braking without stopping.

19. 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, for a vehicle accident under consideration, the method comprising;

associating, in a memory of a computer system, one or more estimates of base liability with one or more sets of characteristics for past or theoretical accidents;

associating, in a memory of the computer system, one or more numerical factor shifts with each of at least two values of a speed factor, wherein at least one of the values of the speed factor is based on a comparison between a specified speed of a reacting vehicle with a speed for avoiding, wherein the specified speed is an actual speed, a safe speed, or a speed limit for an accident, wherein the speed for avoiding is an approximate speed that allows the reacting vehicle to avoid an accident, and wherein the speed for avoiding is a maintain-to-delay speed for the vehicle accident or a brake-to-delay speed for the vehicle accident, wherein the maintain-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, wherein the brake-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by braking without stopping;

estimating, for the vehicle accident under consideration, an actual speed of a vehicle involved in the vehicle accident;

providing at least one specified speed of a vehicle involved in the vehicle accident under consideration;

comparing the actual speed to at least one specified speed, wherein at least one of the compared specified speeds comprises a safe speed the for vehicle, wherein the safe speed for the vehicle is assessed using a coefficient of friction of a road surface, wherein comparing the actual speed to at least one specified speed comprises calculating an excess of the actual speed over the at least one compared specified speed; and

estimating a base liability for the vehicle involved in the vehicle accident under consideration, wherein the estimate of base liability for the vehicle is based at least in part on at least one of the estimates of base liability associated with the one or more sets of characteristics for past or theoretical accidents;

assessing an opportunity of the vehicle to avoid the vehicle accident under consideration, wherein assessing the opportunity of the vehicle to avoid the vehicle accident under consideration comprises;

estimating one or more speeds for avoiding for the vehicle accident under consideration, wherein at least one of the speeds for avoiding is an approximate speed of the vehicle that would allow the vehicle to avoid the vehicle accident, wherein the at least one speed for avoiding is a calculated maintain-to-delay speed for the vehicle accident under consideration or a calculated brake-to-delay speed for the vehicle accident under consideration, wherein the calculated maintain-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, wherein the calculated brake-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by braking without stopping;

making one or more comparisons of at least one specified speed of the vehicle in the vehicle accident under consideration to at least one of the one or more estimated speeds for avoiding for the accident under consideration, wherein, for each of at least one of the one or more comparisons, the specified speed for the comparison is an actual speed, a safe speed, or a speed limit and the estimated speed for avoiding is the calculated maintain-to-delay speed for the vehicle accident under consideration or the calculated brake-to-delay speed for the vehicle accident under consideration;

determining a value of a speed factor for the vehicle accident under consideration based on at least one of the one or more comparisons made of the at least one specified speed of the vehicle involved in the vehicle accident under consideration to the at least one of the one or more estimated speeds for avoiding for the vehicle accident under consideration;

estimating a contribution to liability of the vehicle involved in the accident based on the comparison of the actual speed to the at least one specified speed,

wherein the contribution to liability includes a numerical adjustment to the estimate of base liability for the vehicle, wherein the amount of the numerical adjustment varies based on the excess of the actual speed over the at least one compared specified speed,

wherein the contribution to liability includes a second numerical adjustment to the estimate of base liability for the vehicle, wherein the second numerical adjustment comprises at least one numerical factor shift, from among the numerical factor shifts in the memory of the computer system, that is associated with a value of the speed factor that matches the value of the speed factor for the vehicle accident under consideration.

20. A tangible, computer readable storage medium comprising program instructions storage thereon, wherein the program instructions are computer-executable to implement a method for estimating liability for a vehicle accident under consideration, the method comprising:

associating, in a memory of a computer system, one or more estimates of base liability with one or more sets of characteristics for past or theoretical accidents;

associating, in a memory of the computer system, one or more numerical factor shifts with each of at least two values of a speed factor, wherein at least one of the values of the speed factor is based on a comparison between a specified speed of a reacting vehicle with a speed for avoiding, wherein the specified speed is an actual speed, a safe speed, or a speed limit for an accident, wherein the speed for avoiding is an approximate speed that allows the reacting vehicle to avoid an accident, and wherein the speed for avoiding is a maintain-to-delay speed for the vehicle accident or a brake-to-delay speed for the vehicle accident, wherein the maintain-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, wherein the brake-to-delay speed for the vehicle accident is an approximate maximum speed to avoid the vehicle accident by braking without stopping;

estimating, for the vehicle accident under consideration, an actual speed of a vehicle involved in the vehicle accident;

providing at least one specified speed of a vehicle involved in the vehicle accident under consideration;

comparing the actual speed to at least one specified speed, wherein at least one of the compared specified speeds comprises a safe speed for the vehicle, wherein the safe speed for the vehicle is assessed using a coefficient of friction of a road surface, wherein comparing the actual speed to at least one specified speed comprises calculating an excess of the actual speed over the at least one compared specified speed;

estimating a base liability for the vehicle involved in the vehicle accident under consideration, wherein the estimate of base liability for the vehicle is based at least in part on at least one of the estimates of base liability associated with the one or more sets of characteristics for past or theoretical accidents;

assessing an opportunity of a the vehicle to avoid the vehicle accident under consideration, wherein assessing the opportunity of the vehicle to avoid the vehicle accident under consideration comprises;

estimating one or more speeds for avoiding for the vehicle accident under consideration, wherein at least one of the speeds for avoiding is an approximate speed of the vehicle that would allow the vehicle to avoid the vehicle accident, wherein the at least one speed for avoiding is a calculated maintain-to-delay speed for the vehicle accident under consideration or a calculated brake-to-delay speed for the vehicle accident under consideration, wherein the calculated maintain-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by maintaining a constant rate of speed, wherein the calculated brake-to-delay speed for the vehicle accident under consideration is a calculated approximate maximum speed to avoid the vehicle accident by braking without stopping;

making one or more comparisons of at least one specified speed of the vehicle in the vehicle accident under consideration to at least one of the one or more estimated speeds for avoiding for the accident under consideration, wherein, for each of at least one of the one or more comparisons, the specified speed for the comparison is an actual speed, a safe speed, or a speed limit and the estimated speed for avoiding is the calculated maintain-to-delay speed for the vehicle accident under consideration or the calculated brake-to-delay speed for the vehicle accident under consideration;

determining a value of a speed factor for the vehicle accident under consideration based on at least one of the one or more comparisons made of the at least one specified speed of the vehicle involved in the vehicle accident under consideration to the at least one of the one or more estimated speeds for avoiding for the vehicle accident under consideration; and

estimating a contribution to liability of the vehicle involved in the accident based at least in part on the comparison of the actual speed to the at least one specified speed,

wherein the contribution to liability includes a first numerical adjustment to the estimate of base liability for the vehicle, wherein the amount of the first numerical adjustment varies based on the excess of the actual speed over the at least one compared specified speed,

wherein the contribution to liability includes a second numerical adjustment to the estimate of base liability for the vehicle, wherein the second numerical adjustment comprises at least one numerical factor shift, from among the numerical factor shifts in the memory of the computer system, that is associated with a value of the speed factor that matches the value of the speed factor for the vehicle accident under consideration.