Tam
Well-Known Member
Thanks for the family's statement.
It doesn't sound that the family wants to sue Tesla currently but once the findings from NTSHA is released about a year from now, I am not sure that will still be the case.
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Thanks for the family's statement.
It doesn't sound that the family wants to sue Tesla currently but once the findings from NTSHA is released about a year from now, I am not sure that will still be the case.
Potential plaintiffs can file whenever they want, or threaten to file, whenever they want. No need to wait for nhtsa, nor any reason to think that nhtsa has the final word on anything.
Just as the police report which stated that the truck drIver failed to yield right of way and drove directly in front of the oncoming car doesn't have the last word either. The nhtsa can say and report whatever they want when they want to, but the plaintiffs can proceed with threats and statements and even complaints whenever they want to also.
It isn't right to wait on govt bureaucrats for their dumb report if you have sufficient evidence and facts and the law of tort negligence to make a claim against the truck company for failing to yield and crossing unsafely in front of oncoming traffic. The truck insurance company would probably pay up given the facts as we know now. The civil adversarial process is just as , and perhaps more, likely to uncover the truth than some govt people in a cubicle in washington.
Tam
Well-Known Member
Fortune seems to agree:
Tesla Autopilot Crash Victim’s Family Has Hired a Personal Injury Lawyer
"After the accident, there was some speculation that Brown’s family wouldn’t sue Tesla because Brown was such a big fan of the company. But Landskroner says the family has not ruled out the possibility of suing Tesla. Landskroner also said that his firm has sued both trucking companies and car manufacturers in a number of cases (Brown’s Tesla Model S crashed into a semitrailer truck on a highway)"
roblab
Active Member
The title of this thread should be changed to "autopilot crash, NHTSA Inquiring pending".
Another thing. Should the person who scaled Trump Tower be able to sue the company that made the tools he used to do it, for failing to include a disclaimer that said the devices should not be used to scale buildings?
The obvious answer is no.
Another thing. Should the person who scaled Trump Tower be able to sue the company that made the tools he used to do it, for failing to include a disclaimer that said the devices should not be used to scale buildings?
The obvious answer is no.
Instead of amateur moralizing look up Comparative negligence and understand that just because someone may have contributed partially to their own injury doesn't mean that other party who also contributed, through their own negligence, to the injury, shouldn't be held to account. It is a simple and very fair and common concept, but it does require applying reason and logic rather than mere foot-stamping assertions as to the rightness or wrongness of something.
Litigation between private parties and tort law in particular is a choice that the US made a long time ago. The alternatives are to have the government regulate more of the issue -- like China and Russia, or to allow self-help -- like Somalia. Take your pick.
Krugerrand
Meow
How about neither, and people just be responsible for their own actions and the results.
This comment, and those who like it is really a good indication of the fact that the Tesla market is expanding beyond the usual highly educated demographic. I take that as a buy sign.
But to address the point, and I wonder how Mr. Krugerrand proposes that the "responsibility" to which he pledges allegiance is to be determined and allocated?
Shall responsibility be determined, and allocated, and restitution and damages be meted out by:
1. Tort law
2. Govt Bureaucrats
3. Tribal warfare
or perhaps
4. one or more of Allah, Vishnu, יהוה, YHWH, Elohim, Ar-Rahim, Krishna, कृष्ण , أسماء الله الحسنى ʾ
Again, take your pick.
I think tort law, like democracy, is imperfect, but better than the alternatives.
Don85D
Member
This thread needs to be a source of facts and news about the mishap and perhaps a source of lessons to be learned. We can't and shouldn't try to influence anything regarding personal or company liability.
In my experience when bad things happen, blame is shareable but responsibility is not. The left turning truck driver was responsible according to law and blame has yet to be shared.
I suggest that we just wait for discussion of the lessons to be learned.
In my experience when bad things happen, blame is shareable but responsibility is not. The left turning truck driver was responsible according to law and blame has yet to be shared.
I suggest that we just wait for discussion of the lessons to be learned.
One of the main reasons I post on this forum is that I know journalists get info on Tesla from here and they inform their views and their reporting with our views. Usually indirectly, but sometimes directly. Sorry but I completely reject your invitation to "not try to influence anything"
Instead I invite anybody with facts reasons evidence logic and any persuasive information or opinions to share their views here.
Authors of Posts lacking those positive qualities will gently, and sometimes less gently, have an opportunity to benefit from the corrective responses.
Instead I invite anybody with facts reasons evidence logic and any persuasive information or opinions to share their views here.
Authors of Posts lacking those positive qualities will gently, and sometimes less gently, have an opportunity to benefit from the corrective responses.
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Don85D
Member
My comment was that we shouldn't try to influence how the liability will be shared. It is beyond our knowledge and our control.
A forum is a great place for discussion of issues (mostly negative) and influence through healthy debate is possible. Influencing media is probably not as likely as they come to a forum to have their views substantiated and there are lots of less than well thought out comments from which to chose.
My experience with a new product forum is that it is biased and filled with people looking to vent about some fault in the product. As if venting will fix the problem. However, I still participate. The best time comes later when the product is no longer main stream and the people remaining in a forum try to help each other keep the product going. It's a much better experience then.
A forum is a great place for discussion of issues (mostly negative) and influence through healthy debate is possible. Influencing media is probably not as likely as they come to a forum to have their views substantiated and there are lots of less than well thought out comments from which to chose.
My experience with a new product forum is that it is biased and filled with people looking to vent about some fault in the product. As if venting will fix the problem. However, I still participate. The best time comes later when the product is no longer main stream and the people remaining in a forum try to help each other keep the product going. It's a much better experience then.
glusc2002
Member
Can you recount what happened or what your car did when you woke up? whas it still driving or did it stop?
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