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GM isn't liable for punitive damages in ignition switch cases

NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch

IIHS: High numbers of drivers treat partially automated cars as fully self-driving

WASHINGTON — Drivers using advanced driver assistance systems like Tesla Autopilot or General Motors Super Cruise often treat their vehicles as fully self-driving despite warnings, a new study has found. The Insurance Institute for Highway Safety (IIHS), an industry funded group that prods automakers to make safer vehicles, said on Tuesday a survey found regular users of Super Cruise, Nissan/Infiniti ProPILOT Assist and Tesla Autopilot "said they were more likely to perform non-driving-related activities like eating or texting while using their partial automation systems than while driving unassisted." The IIHS study of 600 active users found 53% of Super Cruise, 42% of Autopilot and 12% of ProPILOT Assist owners "said that they were comfortable treating their vehicles as fully self-driving." About 40% of users of Autopilot and Super Cruise — two systems with lockout features for failing to pay attention — reported systems had at some point switched off while they were driving and would not reactivate. "The big-picture message here is that the early adopters of these systems still have a poor understanding of the technologyÂ’s limits," said IIHS President David Harkey. The study comes as the National Highway Traffic Safety Administration (NHTSA) is scrutinizing Autopilot crashes. Since 2016, the NHTSA has opened 37 special investigations involving 18 deaths in crashes involving Tesla vehicles and where systems like Autopilot were suspected of use. Tesla did not respond to requests for comment. Tesla says Autopilot does not make vehicles autonomous and is intended for use with a fully attentive driver who is prepared to take over. GM, which in August said owners could use Super Cruise on 400,000 miles (643,740 km) of North American roads and plans to offer Super Cruise on 22 models by the end of 2023, did not immediately comment. IIHS said advertisements for Super Cruise focus on hands-free capabilities while Autopilot evokes the name used in passenger airplanes and "implies TeslaÂ’s system is more capable than it really is." IIHS in contrast noted ProPILOT Assist "suggests that itÂ’s an assistance feature, rather than a replacement for the driver." NHTSA and automakers say none of the systems make vehicles autonomous. Nissan said its name "is clearly communicating ProPILOT Assist as a system to aid the driver, and it requires hands-on operation.

Weekly Recap: Autonomous driving goes commercial in Nevada

Nevada granted Daimler Trucks North America the first license to run an autonomous commercial vehicle on public roads in the United States Tuesday, marking another milestone in the technology's rapid advancement. Gov. Brian Sandoval and Daimler truck chief Wolfgang Bernhard promptly used the license to lap Highway 15 near Las Vegas in a newly revealed Freightliner Inspiration Truck. It was a clear signal that autonomous driving is big-rig reality, though it's still a long way from widespread use. Nevada certified two of Daimler's Freightliner Inspiration Trucks, which use the company's Highway Pilot system with a stereo camera, radar, and lane-keeping collision-prevention features to regulate the brakes and steering. The radar component has a long-range sensor that can cover 820 feet at an 18-degree angle and a shorter-range unit that stretches 230 feet at a 130-degree angle. The Inspiration trucks are based on the existing Freightliner Cascadia Evolution model used on US roads. In addition to the autonomous technologies, it also has futuristic design cues, including blue lighting in the front and a new hood and grille. While there are only two Freightliner Inspiration trucks in existence, Daimler expects to bring the Highway Pilot system into mass-produced big rigs by 2025, in time to capitalize on the market's predicted growth. The German truckmaker predicts the global hauling market will triple by 2050, and the United States will be a key part of that growth. Trucks carry 69.1 percent the nation's domestic freight tonnage and hauled 9.7 billion tons of freight in 2013, according to the American Trucking Association. Daimler expects autonomous driving to augment this growth, and perhaps evolve the role of the truck driver. Still, the company points out autonomous tech is not meant to replace drivers, but to assist them and relieve fatigue and monotony on long hauls. The driver has to stay in control for passing, in city traffic, and when hooking up the trailer. The company said autonomous driving also offers the potential for improved fuel economy – tests showed a five-percent gain – and lower maintenance costs. Daimler also said the technology could reduce congestion on the road. Much of this is attributable to the constant flow of traffic, which is aided by autonomous driving. While the benefits are becoming increasingly apparent, autonomous technology is still met with skepticism.