accident with cyclist in Santa Cruz

[jerry33]

I think the legal system finally "jumped the shark", if they're actually giving that nonsense any credibility whatsoever. Hopefully it will be tossed in record time.

There are lawyers who argue that because a tire is in contact with the ground and not sliding that the top of the tire at any given moment is going faster than the bottom of the tire which is stopped, so the top of the tire is exceeded the tire's designed speed and is flawed by design which is why the tire tears itself apart at high speeds. The legal system "jumped the shark" a long time ago.

 

[darthvdr]

USA is the land of litigations. Bank of America had spent over $1 billion dollar in legal fees, so that tells you why attorneys are referred to as sharks.

 

[JRP3]

Maybe it was the air freshener, better sue them as well.

 

[David Rhee]

Such a horrible story... My condolences to the victim's family... Tesla will get used for anything, just like other manufacturers with deep pockets. That smell excuse is one for the record books! :crying:

 

[anticitizen13.7]

I think the legal system finally "jumped the shark", if they're actually giving that nonsense any credibility whatsoever. Hopefully it will be tossed in record time.

The legal system unfortunately seem to attract many people who are more interested in easy money than justice. While I've met many good lawyers, I've met at least as many who were pond scum and worse than a shady used car dealer.

Naming Tesla as a defendant is ridiculous.

 

[darthvdr]

The system is a joke to other countries looking in:

The Top Ten Most Ridiculous Lawsuits of 2012 are:
1. Intoxicated Florida driver pleads guilty to manslaughter, then sues victim he killed
2. Michigan woman files $5 million suit for the leftover gas still in her repossessed car
3. 13-year-old Little Leaguer sued by spectator who got hit with baseball
4. Maximum security inmate who went to jail with five teeth sues prison for dental problems
5. Anheuser Busch sued when longneck bottle used as weapon in bar fight
6. National Football League fan sues Dallas Cowboys over hot bench
7. California restaurateur sued for disabilities act violations in parking lot he doesn’t own
8. Colorado man wins $7 million blaming illness on inhaling microwave popcorn fumes
9. $1.7 billion suit claims City of Santa Monica wireless parking meters causing health problems
10. Bay Area parents sue school after their son was kicked out of honors class for cheating

from: U.S. Chamber Releases Annual List of 2012 Most Ridiculous Lawsuits | U.S. Chamber of Commerce

 

[Rainbow]

Bonny Doon man sentenced to jail for fatal Santa Cruz Tesla versus bike collision - Santa Cruz Sentinel

 

[derekt75]

Bonny Doon man sentenced to jail for fatal Santa Cruz Tesla versus bike collision - Santa Cruz Sentinel

I'm not sure what purpose jail time serves.
I don't think it's a deterrent to driving while drowsy (the risk of killing yourself is a much bigger deterrent than the risk of 200 days in jail).
I don't think jail is the best way to preventing him from repeating the behavior (revoking his license seems equally effective).

As someone who regularly bikes to work on 55 mph streets, I feel awful for the cyclist's family and friends. I'm glad a civil suit was filed against him.

At the same time, I was in the car one day when my mother fell asleep at the wheel. She woke up when I started screaming that she was headed off the road. I know there was a time when I was a teenager and I started to fall asleep at the wheel. Thank God I woke up before I drifted out of my lane, but I very well could have killed myself or a cyclist that day. I don't believe that these experiences are unique; instead I imagine many people probably do this once in their life before they realize how risky their behavior was.

I just don't see what jail time accomplishes.

 

[Raffy.Roma]

I just don't see what jail time accomplishes.

It's a deterrent. It makes people pay more attention while driving and/or get automatic safety features to avoid this kind of accidents.

 

[derekt75]

It's a deterrent. It makes people pay more attention while driving and/or get automatic safety features to avoid this kind of accidents.

Really?
You might drive drowsy if you knew that you wouldn't go to jail, but would not drive drowsy if you might go to jail?
For me, a couple hundred days in jail is irrelevant next to the very real likelihood that I could kill myself.
If I feel like I might fall asleep, I'm pulling over to the side of the road, jail time or not.

The trick is: how accurate are we at assessing that we might actually fall asleep while driving?
The fact that many people have done it indicates we make mistakes in this self-assessment.

 

[Raffy.Roma]

The trick is: how accurate are we at assessing that we might actually fall asleep while driving?
The fact that many people have done it indicates we make mistakes in this self-assessment.

There are some safety features also warning you that you are drowsy. Then either you get these safety features or you rely upon your self-assessment. Whatever your choice is you have got to know that if make a mistake while driving and hurt somebody you could go to jail.

This thought will help you to make the right choice.

 

[JRP3]

There is always a possibility when driving that you can hurt someone and go to jail, even if you stay awake. It's a risk any driver takes. Riding a bike around cars is another risk that any cyclist takes.

 

[EarlyAdopter]

I just don't see what jail time accomplishes.

Imagine a world in which people can hit and kill cyclists with their cars and as long as they say they fell asleep at the wheel suffer no jail time. I would never want to ride a bike in such a world. Would you?

 

[derekt75]

Imagine a world in which people can hit and kill cyclists with their cars and as long as they say they fell asleep at the wheel suffer no jail time. I would never want to ride a bike in such a world. Would you?

well, no, but that's a slightly different question. If someone is drunk or grossly negligent, they shouldn't be able to claim "asleep". but if someone actually didn't do anything other than fall asleep, I think the only thing jail accomplishes is more people in prison.

 

[jeff_adams]

well, no, but that's a slightly different question. If someone is drunk or grossly negligent, they shouldn't be able to claim "asleep". but if someone actually didn't do anything other than fall asleep, I think the only thing jail accomplishes is more people in prison.

Jail time can be a very big deterrent. 200 days usually means a job loss. Future income could greatly be impacted. Seen it happen with DUI convictions.

 

[JRP3]

I'll bet people who fell asleep while driving weren't expecting to do so moments before it happened. If the threat of injury and death didn't impact them enough to get off the road why would jail time make the difference?

 

[Raffy.Roma]

I'll bet people who fell asleep while driving weren't expecting to do so moments before it happened. If the threat of injury and death didn't impact them enough to get off the road why would jail time make the difference?

Because while staying in jail they will have time to reflect about their wrong behaviour and make better afterwards when they will get again their freedom.

- - - Updated - - -

Jail time can be a very big deterrent. 200 days usually means a job loss. Future income could greatly be impacted.

+ 1

 

[jeff_adams]

I'll bet people who fell asleep while driving weren't expecting to do so moments before it happened. If the threat of injury and death didn't impact them enough to get off the road why would jail time make the difference?

I might be actually swayed to this reasoning if this guy hadn't tried to blame Tesla's "new car smell" for causing him to fall asleep. That's a lame excuse.

"it wasn't my fault officer, the car made me do it".

He should have his freedom taken away for at least 200 days so he can reflect and realize it was his fault the cyclist was killed.

 

[JRP3]

That's after the fact, not a preventative measure. Basically you are arguing that a potential death penalty is less of a deterrent than potential jail time. I don't see it. I think most people who do kill someone in an accident feel terrible and spend a lot of time reflecting on it. Imposing a punitive fine that goes to the victim's family seems better than locking up an otherwise productive member of society, and at least returns something to the victim's family.

I do agree that the "new car smell" was pretty lame. Maybe he does deserves some jail time just for that poor excuse.

 

[jerry33]

Imagine a world in which people can hit and kill cyclists with their cars and as long as they say they fell asleep at the wheel suffer no jail time. I would never want to ride a bike in such a world. Would you?

Happens in Texas all the time, which is why I don't ride here. However, the problem with jail time is that there are 2.6M prisoners in the U.S. up from 200,000 in the 1970s. Since they made for-profit prisons, they created a demand for prisoners. I don't believe that we are less law abiding then we were in the 1970s.