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The investigation into the Uber crash that killed a Phoenix?homeless woman is still in its early stages.  But preliminary reports from Tempe police show the victim, Elaine Herzberg, 49, was jaywalking when the self-driving car hit her on Mill Avenue near Curry Road Sunday night.However, it raises an important question. Who is responsible if there is a law broken by one of these robotic vehicles?Phoenix attorney James Arrowood studies driverless car technology and the law. He also teaches a course on driverless cars to other attorneys in for The State Bar of AZ.He said, unfortunately, this was bound to happen because technology isn't foolproof.  "The good news out of this particular tragedy is we will have more information than we have ever had in an auto accident," Arrowood said. "We'll have sensors and cameras (data)."But when it comes to liability, Arrowood said Governor Doug Ducey's executive order requires driverless cars to follow the same rules of the road as any driver in Arizona, plus more."It specifies that if a company operates an autonomous vehicle, it has to comply with all of the traffic safety laws, in addition to extra parameters for autonomous vehicles," Arrowood said.That means "no driver" does not mean "no fine.""So if one of the (Uber) autonomous vehicles were to be speeding, then Uber would get a ticket for speeding," Arrowood said.Arrowood says where it gets cloudy is the civil liability. Under normal circumstances in a traffic crash, a plaintiff could go after a driver, the carmaker and maybe a company like the tire manufacturer if there was a blowout, for example."You had a limited universe," Arrowood said. "Now with autonomous vehicles, we don't know how deep that universe goes. For instance, could the municipality, could the government have some responsibility for permitting those cars on the road or for not having sensors in place?"Arrowood said although the Tempe crash is a tragedy, the public has to remember the technology isn't perfect or magical, and it's virtually impossible to avoid every collision. The goal is to reduce injuries and death.   2173

The mystery isn’t why so many people file for bankruptcy each year. It’s why more people don’t.Each year, only a fraction of the Americans who could benefit financially from bankruptcy actually seek relief. Economists say some don’t file because collectors aren’t aggressively pursuing them, while others may strategically delay filing because bankruptcy could benefit them more down the road.Many bankruptcy attorneys have a much simpler explanation: Fear, a lack of information and misplaced optimism keep people from getting a fresh start.A temporary pauseAbout 14% of U.S. households — or roughly 17 million — owe more than they own, according to Federal Reserve Bank of New York estimates. Many of these households could benefit from having their debts wiped out, but fewer than 1% of U.S. households actually file for bankruptcy each year. Last year, there were 752,160 personal bankruptcy filings. Researchers refer to this gap as “missing bankruptcies” — the filings that could be happening, but aren’t.Now, there’s an additional set of missing bankruptcies: the cases people normally would have filed in recent months, but haven’t. Bankruptcy filings dropped dramatically in the second quarter of this year, to about 60% of the average for the previous five years.Courthouses were shuttered by pandemic closures, which made it harder for creditors to pursue foreclosures and wage garnishments. Those are two big drivers of consumer bankruptcy filings, says David Cox, a bankruptcy attorney in Lynchburg, Virginia, and co-author of “Consumer Bankruptcy: Fundamentals of Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code.”Borrowers have benefited from various forms of coronavirus relief, such as suspended payments on federal student loans, mortgage forbearance and expanded hardship options for loans and credit card accounts. The 0 weekly bump in unemployment checks, which expired in July, also kept many people afloat, Cox says.Lower jobless benefits, along with the reopening of courts and continued high unemployment, mean the lull in bankruptcy filings is likely temporary, says Jenny Doling, a bankruptcy attorney in Palm Desert, California, who serves on the American Bankruptcy Institute’s Chapter 13 Advisory Committee.She worries that people will wait too long to file. Too often, people drain retirement funds or other assets that would be protected in bankruptcy to pay debts that will ultimately be erased, she says. Putting off bankruptcy also can make it harder to come up with the ,500 needed to file a typical case.You won’t lose everythingCox says many of his clients delay filing because they fear they will lose cars, homes and other property. They are pleasantly surprised that they aren’t stripped of everything they own, he says.“There’s a misunderstanding about how bankruptcy works and what it would take from you,” Cox says.The vast majority of people who file the most common type of bankruptcy, Chapter 7, don’t have to give up any of their possessions. The types and amount of property you can keep vary by state, but typically include clothing, professional tools, wedding rings and at least some equity in your home. A few thousand dollars of equity in a car is usually protected as well. If you have assets that wouldn’t be protected in Chapter 7, you could file for a Chapter 13 repayment plan instead.You can get credit againA bankruptcy filing remains on your credit reports for up to 10 years. But credit scores can start to recover soon after you file. It’s possible to get a VA or FHA mortgage two years after a bankruptcy. Most loans require you to wait at least four years.People can start to rebuild credit a few months after their bankruptcy case is discharged by getting secured credit cards, which require a deposit, or credit-builder loans, available from some credit unions, community banks and online.The problem with anxiety — or unrealistic optimismDebt often leads to anxiety and depression that makes taking action difficult, Cox says. Many of his clients arrive at their first meeting with grocery sacks full of unopened bills.But misplaced optimism can also be a problem. The same hopefulness that causes people to take on too much debt also can lead them to put off the reckoning, he says.“You always think, ‘Our income’s going to increase, things will be better going forward,’” Cox says.Anyone struggling with debt now should consider consulting a bankruptcy attorney, Doling says. The first visit is often free, and referrals are available from the National Association of Consumer Bankruptcy Attorneys. Consulting with an attorney doesn’t obligate you to file, but it could help you avoid expensive mistakes if you later decide that’s your best option.“The people who do much better in bankruptcy are the ones who came in and got advice early on,” Doling says.This article was written by NerdWallet and was originally published by the Associated Press.More From NerdWalletSmart Money Podcast: Used Cars in Short Supply, and Shea Couleé Talks About MoneyHow Frugal Fashionistas Can Stay on TrendAre Medicare Advantage Plans Worth the Risk?Liz Weston is a writer at NerdWallet. Email: lweston@nerdwallet.com. Twitter: @lizweston. 5211

The mother of mail bomb suspect Cesar Sayoc writes that she is estranged from her son but hurt by his alleged attacks, and she calls on the country -- specifically, President Donald Trump -- to tone down the nasty rhetoric.She further warned that the political vitriol -- particularly talk of "war" against the media and political parties — could resonate with the mentally ill, like her son, and inspire them to "violently act out in our country," Madeline Sayoc wrote in an open letter to television network ABC, which published the correspondence Sunday night.Madeline Sayoc also said that her 56-year-old son's relatives had tried, to no avail, to get him help, and that American families need better laws to allow families to "compel and require" treatment, when necessary.Here is the full text of the letter: 822

The Navy has modified their SEAL ethos and creed to remove “man” and “brotherhood” to include gender-neutral language, according to military officials. In response, President Donald Trump tweeted he would “overturn” the changes."The previous versions of the SEAL Ethos and SWCC Creed were written prior to the law allowing women to serve as operators in Naval Special Warfare," Lt. Cmdr. Matthew Stroup, a spokesman for Naval Special Warfare Command, told Military.com.The changes were first reported by the American Military News on Monday. Thursday afternoon, President Trump responded on Twitter to a Conservative outlet who had tweeted a link to the story saying “I will be overturning this ridiculous order immediately!” 733

The jurors who convicted James Fields of murder could soon decide whether they think he should spend the rest of his life behind bars.Fields, 21, was attending last year's "Unite the Right" rally in Charlottesville, Virginia, when counterprotesters demonstrated against the white nationalists. That afternoon, Fields got in his Dodge Challenger and plowed into the counterprotesters at about 28 mph, killing 32-year-old Heather Heyer.The Charlottesville jury found Fields guilty of first-degree murder Friday. Fields was also found guilty of eight counts of malicious wounding and one count of failing to stop at an accident involving a death.On Monday, jurors will begin the sentencing phase of Fields' trial. Ultimately, Judge Richard Moore will decide Fields' sentence, but will consider the jury's recommendation.Jurors are expected to hear victim impact statements, possibly from Heyer's family or surviving victims from the August 2017 attack.Heyer, a 32-year-old paralegal, was devoted to helping people and had a passion for justice, her family said.Heyer's friend Marissa Blair attended the counterprotest with her and said Heyer fought against bigotry."If you knew Heather, you would know that she loves everyone and all she wants is equality for everyone, no matter who you love, no matter what color you are," Blair said.It's not clear when the judge will formally sentence Fields for the murder of Heyer.But in addition to the state charges, Fields also faces 30 federal hate crimes charges. The next step in his federal case is a status conference on January 31.The-CNN-Wire 1596