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Defense in Apple Store crash suggests faulty AI was to blame

Crime

Officials say Bradley Rein was driving at speeds up to 60 mph in the seconds before the fatal crash.

Bradley Rein leaves court on April 24, 2023. David L. Ryan/The Boston Globe, file

Lawyer for driver charged in fatal 2022 Hingham Apple Store crash says faulty AI technology could have caused SUV to accelerate into store’s glass facade, killing one person and injuring another nearly two dozen others.

According to prosecutors, Hingham resident Bradley Rein told authorities his right foot got stuck on the accelerator of his 2019 Toyota 4Runner while he was driving through the Shops on Derby Street on Nov. 21, 2022.

“He stated that he used his left foot to try to brake, but was unable to stop the vehicle and crashed into the front of the Apple store,” Assistant District Attorney David Cutshall said in a statement. of Rein’s indictment the next day. A Massachusetts State Police report reviewed by The Boston Globe indicated that Rein had stuck his foot on the accelerator once before.

However, in a motion filed last week, defense attorney Joan Fund suggested that artificial intelligence could have played a role in the crash. Authorities say Rein was driving at speeds of up to 60 mph in the seconds before the crash, which killed 65-year-old New Jersey construction worker Kevin Bradley.

With this new motion, Fund is seeking customer complaints regarding unintended acceleration and increased vehicle speed without a driver pressing the pedal. The request concerns all Toyota models manufactured between 2015 and 2022; Earlier Toyota models previously faced scrutiny from the National Highway Traffic Safety Administration due to mechanical problems that caused some vehicles to suddenly accelerate.

The Hingham case generated widespread media coverage and “because of this multifaceted attention, a number of people contacted Bradley Rein’s attorney and former attorney with information about similar incidents and accidents,” he said. Fund wrote in a note accompanying the request.

One example cited in the motion described unintended acceleration of a 2020 Toyota Prius. In that incident, the driver of the Prius noticed no reduction in speed “despite aggressive braking” and ended up crashing into two stopped vehicles, according to Fund.

A worker attaches a damaged SUV to a flatbed tow truck in front of an Apple store, Monday, Nov. 21, 2022, in Hingham. – Steven Senne/Associated Press, file

Data from Rein’s car and the Prius reflect 100 percent throttle activation and “minimal or no service brake activation before impact, when both drivers reported the service brake was on.” and were not on the accelerator,” Fund alleged.

Noting Toyota’s use of AI-based features, she speculated that this technology could have contributed to Rein’s accident.

“Many of these AI systems control engine power and braking systems, which could potentially cause unintended acceleration and disabling of the braking system due to poor coding or operating software “wrote Fund.

Toyota declined to comment through a spokesperson, explaining that the company was not a party to the ongoing case.

Rein has pleaded not guilty to second-degree murder charges; vehicular homicide by negligent driving; reckless operation of a motor vehicle; 18 counts of assault and battery with a dangerous weapon resulting in serious bodily injury; and four counts of assault and battery with a dangerous weapon.

Boston

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