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Pregnant woman hit by MX (out of main)

Discussion in 'Model X' started by JohnDinger, May 28, 2019.

  1. Nocturnal

    Nocturnal Active Member

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    You said it right there. Picture a two year old, keeping weight on the seat to trigger the sensor, and pushing the pedal down far enough, and pulling the gear selector down. Anything is possible and I'm not throwing down judgement, but it seems unlikely. Now, if was some truly random acceleration then all bets are off.

    So much demand problems! Tesla has parking lots full of unsold cars. Ponzi scheme! LIzard people are controlling Elon!
     
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  2. MartinAustin

    MartinAustin I Do Not Read Electrek

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    Plus the link brought here by the "JohnDinger" account appears to be the only place in the entire world that has the court filing on the internet.

    In other words, the "friend" sent it to the operator(s) of the "JohnDinger" account, and neither of those two sent it to any media operation or anyone else. TMC first!!!

    A pretty iffy site to put a legitimate court case document, IMO. Appears to have strong connections with Aaron Greenspan, who has a lot of negative connections with Tesla.
    www.plainsite.org
     
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  3. MP3Mike

    MP3Mike Well-Known Member

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  4. ⚡️ELECTROMAN⚡️

    ⚡️ELECTROMAN⚡️ TSLA multimillionaire or bust

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    He would have to be pushing the brake pedal to be able to shift it into drive.
     
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  5. X Fan

    X Fan Supporting Member

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    A review of Dinger’s past comments indicate trolling behavior.
     
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  6. Singuy

    Singuy Member

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    Do we know if the brake needs to be pressed to put the car in neutral? Could be a small decline and the kid slipped the car into neutral.
     
  7. K_Dizzle

    K_Dizzle Member

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    For all we know is she left it in hold and the kid could have lightly touched the gas and creep would have taken over
     
  8. Singuy

    Singuy Member

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    Hold becomes P when you open the your door so that can't be it.
     
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  9. Icer

    Icer Member

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    Regarding the child in the car/garage case

    Tesladangerousdesign | Gokal Law

    March 11, 2019
    Alison S. Gokal
    Gokal Law Group, Inc.
    26080 Towne Center Drive
    Foothill Ranch, CA 92610

    RE: Your Client Mallory Harcourt
    Tesla Model X (VIN: 5YJXCBE29JF143687)

    Dear Ms. Gokal:

    This responds to your February 21, 2019 letter regarding an incident involving your client on December 27, 2018. We are sorry to learn of this incident and your client’s injuries, and we hope she, her son and her baby are all doing okay. Safety is of paramount importance to Tesla. We design our vehicles with particular attention to safety, which is why our vehicles are among the safest ever put on the road. We diligently investigate all complaints of vehicle malfunction and we thank you for giving us the opportunity to investigate and address your client’s concerns.

    As you may know, Tesla vehicles record operational and diagnostic data continuously and, at regular intervals, transmit that data over-the-air to our servers. That data enables our engineers and service teams to assess vehicle health remotely and diagnose and potentially resolve customer concerns. In this case, our engineering team reviewed the diagnostic log data from the time of the incident and determined that the vehicle was operating as designed and responded appropriately to the inputs supplied – albeit, in this case, some of those inputs were reportedly coming from your client’s young son.

    Specifically, in this case, the driver parked the vehicle, unbuckled and opened the driver’s door to exit. The driver’s door was then closed and the left side falcon wing door (i.e., the left rear door) was opened. Moments later, someone pressed the driver’s door handle triggering the driver’s door to open. The vehicle remained in Park at this time and the left falcon door remained open. About 9 seconds later, the brake pedal was pressed, which prompted the driver’s door to automatically close. About 3 seconds later, the gear selector lever was manually used to shift the vehicle into Drive gear, triggering an operator alert advising that various doors were open with the vehicle in gear.

    Over the next 6 seconds, the vehicle continued to be in Drive gear with the brake pedal pressed until the accelerator pedal was pressed and the brake pedal was released. Over the next second, the vehicle speed increased in response to the pressure being applied to the accelerator pedal. Over the next 2 seconds, as the accelerator pedal continued to be pressed ranging from 44% to 98%, the brake pedal was briefly pressed, prompting the vehicle to issue a user message advising that both pedals were being pressed; at this time, pressing the brake overrode the accelerator pedal such that the motor torque being commanded by the accelerator pedal input was appropriately suppressed.

    In the next 4 seconds, while varying manual pressure continued to be applied to the accelerator pedal, the vehicle speed increase was consistent with the pressure applied to the accelerator pedal, and then multiple alerts were triggered indicative of an impact to the left side falcon door. Then, the brake pedal was pressed including activation of the Anti-Lock Braking System, the accelerator pedal was released, and the vehicle came to a stop.

    Our vehicles are designed with a logic that automatically shifts the vehicle into Park when certain criteria are met – namely, (1) neither pedal is pressed for a few seconds, and (2) 2 of the 3 following conditions are met: driver is not detected, driver’s seat belt is unbuckled, or driver’s door is open. In this instance, the pedals were being pressed so the conditions necessary to shift into Park were not met until after the incident when the pedals were released and then the vehicle automatically shifted to Park.

    The above demonstrates that the vehicle responded to the operator’s inputs, as designed. We regret that this incident happened, however, we have not found any other instance of this sequence of events occurring—an unsupervised child manages to successfully shift the vehicle into gear and then apply the accelerator pedal—and we do not believe it is reasonably foreseeable. We trust you will consider the above before taking any further action in this matter.

    Finally, with respect to your request for insurance information, this will confirm that Tesla does not have insurance applicable to a claim of this nature (i.e., a claim of defect in a customer-owned vehicle).

    Please direct any future correspondence to my attention, though our registered agent for service of formal process is CT Corporation.
    Ryan A. McCarthy

    Managing Counsel
     
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  10. Wooloomooloo

    Wooloomooloo Member

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    Why is that publicly available?
     
  11. mongo

    mongo Well-Known Member

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    Because the plaintiff's lawyer put in on their web site.
     
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  12. Wooloomooloo

    Wooloomooloo Member

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    I guess I deserved that answer - yes I gathered that but why? I assume they think the over-explanation and generally machine-like reply helps them? It's an incredibly insensitive response, it sounds like it was written by the type of pedantic tech-bro you'd get on a forum like this one - all fact and no feeling. But legally, it probably doesn't help them.
     
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  13. MarcusMaximus

    MarcusMaximus Active Member

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    Looks like the woman’s lawyer made it so.

    EDIT: I see you already got a similar response. Feel free to ignore.
     
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  14. mongo

    mongo Well-Known Member

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    Publicity?
    It was a lawyer writing to a lawyer, that means legalese, not touchy feely.
    Not sure who you are saying it didn't help, the letter makes clear the Tesla was operating as designed.
     
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  15. Nocturnal

    Nocturnal Active Member

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    I have not been expecting anything good to happen until Q3 but I'm starting to be slightly optimistic about Q2.

    A legal response is not going to attempt to be sympathetic. That's an invitation for admission of fault.
     
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  16. Wooloomooloo

    Wooloomooloo Member

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    It doesn’t help the Plaintiff, IMO, publishing the letter.
     
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  17. sixela

    sixela Active Member

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    Mhh -- to me it looks more like it was written by a lawyer, expecting it to be read by another lawyer (I've read enough lawyerese, and responded with lawyerese written by my company's counsel, to know). In other words, it is exactly the kind of response I expect when threatening someone with legal action.
     
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  18. ZeApelido

    ZeApelido Active Member

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    #38 ZeApelido, May 28, 2019
    Last edited: May 28, 2019
    Boy I hope that kid got a Time Out.

    edit: I'm joking! jeez...

    He'd better get spanked:rolleyes:
     
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  19. Motor Mouth

    Motor Mouth Member

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    Funny how two people can view the same thing and reach different conclusions. I view this as demonstrating exactly why the plaintiff has no case. Her kid got in the car and ran it into her. What kind of product is designed to defeat that kind of use?

    EDIT: After re-reading, I think you meant the pronoun "them" to refer to the plaintiff. If so, I agree with your take.
     
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  20. M3Rider

    M3Rider Member

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    2 y.o.? Sorry, that's on parent.
     
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