Glamisduner
Active Member
That new clip says the mother admitted that the boy lodged himself between the driver seat and the accelerator then pulled the gear lever.
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Model X with child in drivers seat allegedly injures woman
- Thread starter Neon001
- Start date
lodged? nice choice of words. Good try. But that won't shift the culpability to Tesla.
CarlK
Active Member
AlanSubie4Life
Efficiency Obsessed Member
Again, that is not possible in isolation, also, two of the following must be the case (alleged by Tesla, anyway) to engage drive:
1) Driver door closed -> probably was (premium package closes it automatically on brake push)
2) Seat belt buckled (why would it be?)
3) Adequate weight detected in driver's seat (what is adequate is unknown to disengage the interlock, but it is known that the sensors are not simply "on/off" - they can detect the weight (presumably with coarse resolution; they probably aren't scales)). For example, they will detect the presence of a passenger in the front seat but if the passenger is not heavy enough, it will disable the airbag.
gnuarm
Model X 100 with 72 amp chargers
I think I can get used to that. Heck, half the time I get out of the car I reach to take the key out of the ignition. I stopped reaching for the emergency brake pretty quick though.
Perfect name for the new baby.
Did I miss something? Are they saying the toddler OPENED the drivers door?? There's NO way a 2 yr old could open the drivers door- NOooo WAY.
Edit: sorry - it's an X.. my bad
AlanSubie4Life
Efficiency Obsessed Member
No one is saying that. But the door closes automatically when the brake is pressed, with the correct option package.
Daniel in SD
(supervised)
Yeah, but can the toddler reach the door handles? I guess the toddler could grab mommy's keys, and run over and have the door autopresent...
AlanSubie4Life
Efficiency Obsessed Member
It is not necessary. The Model X with the appropriate premium package closes its own driver door when the brake is pressed. Presumably the door was already open when the toddler got in.
However, all of that alone is not sufficient to allow "Drive" to be engaged. See above.
I think I need to make one thing clear here: there is a wide gulf between whether or not this woman committed gross negligence (your words, not mine), and culpability on Tesla's part. This seems to be a large part of the problem with today's litigious society - the conflation of blame with wrongdoing. I never said that this woman was grossly negligent. Do I believe she carries culpability? Yes. Do I believe there could be additional safety measures applied to engage a drive mode on a Tesla? ...maybe, but there are already many that were being either deliberately or inadvertantly bypassed. Could you ask the same question of literally any system that operates at a hazard to life or health? Absolutely.
The issue here is that the law should not be required to step in when this woman should have known what might happen when her son gets behind the wheel of the car. My oldest son pushed his younger sister off a playground bridge at the age of 4 at a height of at least 4-5 feet. She could have broken her neck from the fall. Should I blame the playground equipment manufacturer for making this possible? I have never thought to do so. On the contrary, it remains a life lesson of my own to this day.
If you listen to the KBCW news report ( https://sanfrancisco.cbslocal.com/2...ed-pregnant-mother-in-garage-broke-her-bones/ ) at the end you'll hear that the lady's attorney acknowledges that the boy wedged himself in between the drivers seat and the accelerator and pulled the gear lever accelerating into his mom.
No doubt the mom by not closing the car's door so the car turned off and locked was negligent with such a young child around (did she leave her key card in the car while she was just going to run into the house? someone on another thread said they thought so for the car to be on--she claimed she parked it and it was off). Little kids will be kids and that's why adults have to keep vigilante tabs on where they are, but he did send the car into his mom through his actions and effectively hers too. The car did perform as designed. No doubt she had major hospital bills for the broken pelvis, leg and those involved with the new baby and has those hospital bills now. No doubt she was in pain. She was new to the car, only had it for 3 days, and essentially left her car in a condition that allowed this to happen. Not intentionally of course but had she just closed the door to the car so that it locked and/or had her kid under better control, I don't see this would have happened. To me this would be like having an ICE car, leaving the door open for a kid to crawl in and shift the car into Neutral and on a downward sloped driveway where the car would roll forward and blame the car's manufacturer for any damage done. Growing up that actually happened in our neighborhood to a kid and his parent's car hitting another neighbor's house across the street. Kids have been getting into cars left unlocked and causing all kinds of problems as a result.
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SeanM
Member
Maybe she's daughter of that woman who years ago had sued some fast-food company just because she dropped hot beverage on her lap while driving & claimed there were no instructions on the cup stating about the beverage inside it maybe hot.
Daniel in SD
(supervised)
I’d be curious if there has ever been another case of a 2 year old starting a car, putting it into drive, and accelerating. Some of you are acting like the mother is an idiot for not considering this possibility.
Not expecting the unexpected doesn't make her very smart either. Kids don't just look out the window when they're sitting in the driver's seat of cars. They'll be turning the wheel, stepping on pedals, pulling gear levers, and generally emulating what their parents do in the seat. It's very clear she doesn't take responsibility of much by their argument in the lawsuit.
This makes me sick too. Our legal systemIs destroying our country. People should be heavily penalized for such stupid lawsuits
It seems like a user mistake? IT IS user mistake period. Tesla should counter sue for destroying companies image
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