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Tesla head on collision with a Honda

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The word from someone I know who lives in Laguna Beach is that it was racing and/or road rage and the police don't want to officially state that and cause the Mercedes driver to hide or not come forward. The two cars were supposedly passing the light at El Toro going north where the road has two northbound lanes for a couple hundred feet before the right lane is supposed to merge into the left lane. They took off and it sounds like the Telsa and Mercedes both wanted to not allow each other to merge into the left lane with the Tesla possibly then driving in the center divider area for another few hundred feet before the center divider ends and forced him into the on coming lane. Which still seems crazy to me, on that road when the yellow divider space ends, the road becomes 2 lanes again. So he could have stayed next to the Mercedes the whole time while driving the center divider area until it opens up again. So unless the Mercedes did "push" him into the oncoming lane which would mean the Mercedes was then driving in the center divider area, it all still sounds a little off.
 
Sounds like the person had a horrible lawyer then. As far as I know, if you hit your brakes, intentional or not, and someone hits you from behind, it's totally their fault since they were not following at proper distances. If a dog runs in front of your car and you hit your brakes to stop and someone hits you from behind, it's totally their fault, not yours. A brake check is no different.

Actually, there was a 60 minutes style show about this a number of years ago. A woman was found guilty of manslaughter when the occupant of the car she brake checked (road rage incident) was killed by running off the road. She had a perfectly good lawyer. The law in this case is not black and white... you cannot brake check someone and then just throw up your hands and say "they were behind me so it's 100% their fault."
 
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They took off and it sounds like the Telsa and Mercedes both wanted to not allow each other to merge into the left lane with the Tesla possibly then driving in the center divider area for another few hundred feet before the center divider ends and forced him into the on coming lane. Which still seems crazy to me, on that road when the yellow divider space ends, the road becomes 2 lanes again. So he could have stayed next to the Mercedes the whole time while driving the center divider area until it opens up again. So unless the Mercedes did "push" him into the oncoming lane which would mean the Mercedes was then driving in the center divider area, it all still sounds a little off.

If you look at the accident scene pictures and google street view you can see the layout. The accident occurred well before the end of yellow divider extra lane. There are basically 2 lanes after the light that merge into one. The "extra lane" between the yellow dividers opens up at the same rate that the 2 lanes merge, meaning that there was technically enough room for all 3 cars involved to pass each other without incident for the whole stretch. What you say sounds correct... for some reason the Tesla ended up partially inside of the opposing lane, despite their being enough width for 3 vehicles. Hopefully we find out why.
 
Just to be clear, brake-checking is deliberate harsh braking.

Gentle braking is OK and is the suggested action to encourage tailgaters to pass. Usually that works, although I've had some guy in a VW persistently tailgate me down to 25mph in a 55 zone.

harsh or light braking are both "brake checking."

the responsibility still falls on the guy who is behind to no "follow too close"

Unless the guy up front literally said he was "brake checking" the fault should go to the guy who rear ended the car in front of him.
 
The Model S appears to have the structural integrity of an Abram tank -- which puts an extra responsibility on us as drivers to keep others safe.

Yes. If the early reports of failure to yield and failure to keep right are correct, this Model S driver may have killed two people due to negligence.

We don't want to be that driver.

Reading the descriptions of the crash, if the Mercedes owner was trying to pass on the right, the Model S driver should have hit the brakes. This car stops FAST; I've tested it. On ice, I stopped in less than 1000 feet.

Instead, the driver swerved left, for whatever reason, and killed the people in the other lane. Now, making a mistake like that in a split-second is something anyone who isn't extremely well trained might do, but it's something you don't want to do, so practice your emergency driving habits.
 
Coffee cup tossed at the MS windshield? That would explain a "swerve" into incoming traffic. It's a flinch reaction at high speed. This happened to my Aunt on the freeway one time. Lucky for her it didn't result in an accident

My BMW M3 was vandalized years ago by somebody throwing a coffee cup at the car while it was parked. The cup went through the driver's window (smashing it), and continued on to crack my windshield. So, yeah, if somebody threw one at me while driving, I'd probably flinch. I'm sure we'll learn more soonish.
 
First, my sincere condolences for the victims and their families. Tragedy can happen so suddenly and anonymously. Its a shame. Incidents like this cross my mind from time to time as I sit in left hand turn lanes with oncoming traffic whizzing by. Nothing to stop someone from swerving intentionally, or unintentionally into me.

If a cup or any other object was thrown, it should've on the road or near the scene. I took it to mean not a glass coffee mug, but more of like a Starbucks cup. BUt then, at speed, in an instant, with aggressiveness between them as a prelude, it could be anything and you might swerve as a gut reaction.
 
Actually, there was a 60 minutes style show about this a number of years ago. A woman was found guilty of manslaughter when the occupant of the car she brake checked (road rage incident) was killed by running off the road. She had a perfectly good lawyer. The law in this case is not black and white... you cannot brake check someone and then just throw up your hands and say "they were behind me so it's 100% their fault."

So what happens then in the case when you're out for a joy ride and someone's aggressively tailgating you and your pretty Tesla Model S and then you let your foot off the gas? Regen. Though the aggressive regen might make it seem like you're brake checking, technically, you're not. Sooo this grey area becomes what...light grey with opacity set to 50%?
 
So what happens then in the case when you're out for a joy ride and someone's aggressively tailgating you and your pretty Tesla Model S and then you let your foot off the gas? Regen. Though the aggressive regen might make it seem like you're brake checking, technically, you're not. Sooo this grey area becomes what...light grey with opacity set to 50%?

This kind of behavior falls under various "Road Rage" laws that exist in many states. Your own neck of the wood has one: http://www.nj.com/mercer/index.ssf/2012/03/jessica_rogers_law_setting_enh.html

It isn't a grey area thing because the laws deal with intent, not method. Any witness in your example above would see a car tailgating you followed by brake lights and extreme slowing. Regen would not be a factor. Yes, I understand you can go to court and try to make it one, but to do so you'd need to lie in front of the court. You can also lie and say you didn't want to run over a squirrel too... but that's not really the point; you can be found at fault if your actions are seen as malicious.
 
The word from someone I know who lives in Laguna Beach is that it was racing and/or road rage and the police don't want to officially state that and cause the Mercedes driver to hide or not come forward. The two cars were supposedly passing the light at El Toro going north where the road has two northbound lanes for a couple hundred feet before the right lane is supposed to merge into the left lane. They took off and it sounds like the Telsa and Mercedes both wanted to not allow each other to merge into the left lane with the Tesla possibly then driving in the center divider area for another few hundred feet before the center divider ends and forced him into the on coming lane. Which still seems crazy to me, on that road when the yellow divider space ends, the road becomes 2 lanes again. So he could have stayed next to the Mercedes the whole time while driving the center divider area until it opens up again. So unless the Mercedes did "push" him into the oncoming lane which would mean the Mercedes was then driving in the center divider area, it all still sounds a little off.

Not to state the obvious, but if the Tesla was really racing the Merc, it wouldn't have been much of a race for the overwhelming majority of Mercs out there. That looks to be the performance Tesla model. There's not many Merc models that can do 0-60 in under 5 seconds. A few of the AMG models.
 
Doesn't look like a spoiler to me:

LB Crash.jpg
 
I occasionally do expert witness consulting work with a forensic engineering firms (accident reconstruction), where I serve as an acoustical engineer on signal-detection issues (think railroad crossing accidents, warning signal or alarm detection). I have seen how the engineers can examine the accident scene, data from the cars, witness statement (FWIW), traffic cameras, weather conditions, etc., and determine with high probability just exactly what transpired. Usually this work happens when there is a lawsuit, and the reconstruction engineers are employed by the lawyers, which I would presume will happen in this instance.
 
There's not many Merc models that can do 0-60 in under 5 seconds. A few of the AMG models.

the S85 does 0-60 in 5.0 seconds... still faster than most Mercedes automobiles.
I'm afraid this just isn't true. There are quite a few MB's that will do quite well in a race against a Model S. not just "a few". (and that's even asuming the MB didn't have a head start and the MS driver was truly trying hard from the start).

All of the below MB's would do very well in a race against a Model S, and many would trounce our Teslas in many situations.
2002+ C32
2004+ C55

2008-10 C63 (would crush even a MSP. 3.8sec)
2011-12 C63
2011-12 C63 P31 package
2013 C63 Black (0-60 in 3.6)
2007+ CL63
2009+ CL550
2011+ CL600
1999+ CLK-GTR (3.7)
2007+ CLK63 (4.1)
2008+ CLK63 Black (3.9)
2006+ CLS55 (4.3)
2007-11 CLS63 (4.0)
2012+ CLS 63 (3.9)
2012+ CLS 63 Black (3.8)
2012 CLS63 Wagon (4.2)
2013 G63 AMG SUV (5.1)
2013 GL63 AMG (4.7)
...
I'm getting tired of copying these, and these are only the lower-end body styles. There are at least 20 more with sub-5-second 0-60 times in the E, ML, S, SL, SLK, SLR, SLS classes, and even an R model.

Not just AMGs... plenty of regular benz's.

The point is there are probably 35 different models of Mercedes that would do extremely well racing a Model-S, especially if this wasn't a performance model, but even the performance model can be easily beaten by many MBs.

source: Mercedes-Benz 0-60 Times & Mercedes Quarter Mile Times | Mercedes SLK, CLS, CL, SL 63, SLS AMG, new 2012 and 2013 Mercedes-Benz S-Class 0 to 60 stats!
 
Another scenario:

Looking at a Satellite view, the driver of the MS could have been sitting at the stop light at Toro. It's a single lane road. Mr. Benz comes up from behind at speed, sees the light turn green and pulls an illegal pass in the right hand turn lane. The MS launches at the light unaware that the MB is trying to pass him and his speed surprises and angers Mr. Benz (who thinks the MS is trying to cut him off). Mr. Benz stomps it and tosses coffee at the MS driver as an FU. MS driver is totally surprised to see a car fly by on his right (illegally) and an object is thrown at him which causes him to instinctually swerve away and strike the Honda. That could easily fit eyewitness reports.

How could two cars race side by side if there is only one lane? The Benz driver HAD to be going straight through the intersection in a turn lane.