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Yadkin
07-21-2022, 7:05am
A Florida jury found Tesla just 1% liable in the death of an 18-year-old man whose Model S sedan slammed into a concrete wall, but ordered Elon Musk's electric car maker to pay $10.5 million to the driver's parents.

Monday's verdict by a Fort Lauderdale federal jury came in what lawyers for James and Jenny Riley called the first trial against Tesla over an accident involving its vehicles. Jurors found Tesla negligent for deactivating a speed limiter that the Rileys had installed to keep their son Barrett from driving too fast.

Barrett Riley was driving at 116 miles per hour (187 kph), on a curve with a posted 25 mph speed limit, on May 8, 2018, when he lost control of his 2014 Model S while trying to pass another vehicle, causing a fire. Another passenger also died while a third occupant survived.

Though jurors found Barrett Riley 90% responsible and his father 9% responsible for the crash, it awarded James Riley $4.5 million and Jenny Riley $6 million.

Tesla's lawyers did not immediately respond on Tuesday to requests for comment.

Riley's parents said the crash occurred after Tesla, without their knowledge, disabled a device capping the Model S's speed at 85 mph (137 kph).

They also said a design defect in Tesla's lithium-ion battery cells and battery pack contributed to the fire.

Tesla said Barrett Riley's recklessness caused the crash, and his parents should have taken away the keys after his March 2018 speeding ticket for driving at 112 mph (180 kph). It also said Barrett Riley tricked its technician into disabling the speed limiter, that the battery design was not defective, and that the design was "overwhelmed" by crash forces.

https://www.autoblog.com/2022/07/19/tesla-1-percent-liable-florida-teen-fatal-crash-10-million-dollars/

Yadkin
07-21-2022, 7:06am
The only one in the right here is Tesla....

MikeB
07-21-2022, 7:14am
I never will understand the % of responsibility/fault assignments.

How can someone/something be responsible for other's ****-ups?
I was at a stop light and got rear-ended by a drunk.
How the hell am I 10% responsible for this dude rear-ending me?
In this case, I'm a big fat 0.

Mike Mercury
07-21-2022, 7:50am
contributory negligence


this started it all:

https://en.wikipedia.org/wiki/Li_v._Yellow_Cab_Co.

ratflinger
07-21-2022, 8:34am
The only one in the right here is Tesla....
:iagree:

Bill
07-21-2022, 9:22am
I never will understand the % of responsibility/fault assignments.

How can someone/something be responsible for other's ****-ups?
I was at a stop light and got rear-ended by a drunk.
How the hell am I 10% responsible for this dude rear-ending me?
In this case, I'm a big fat 0.

I was an insurance adjuster a loooong time ago. So try this. You are driving down a lane in a parking lot, and I back in to you. I failed to yield ROW, but you admit you never saw me backing out. You hit me with your front bumper and damaged my rear quarter panel. You have some comparative negligence for driver inattention. Yes, I failed to yield ROW to you, but you could have avoided the accident if you had noticed me easing out of the spot. Now, if I backed into YOUR rear quarter panel, of course there was nothing you could have done to prevent that, so no comparative negligence.

In a rear ender with a stopped car, if there were brake lights out on the stopped car, that might be comparative negligence, too. :shots:

GTOguy
07-21-2022, 10:04am
116 mph on a 25 mph curve.....what a dumbshit.

Lawyers suck.

slewfoot
07-21-2022, 12:17pm
I was an insurance adjuster a loooong time ago. So try this. You are driving down a lane in a parking lot, and I back in to you. I failed to yield ROW, but you admit you never saw me backing out. You hit me with your front bumper and damaged my rear quarter panel. You have some comparative negligence for driver inattention. Yes, I failed to yield ROW to you, but you could have avoided the accident if you had noticed me easing out of the spot. Now, if I backed into YOUR rear quarter panel, of course there was nothing you could have done to prevent that, so no comparative negligence.

In a rear ender with a stopped car, if there were brake lights out on the stopped car, that might be comparative negligence, too. :shots:



Last year I went to Home Depot. Idrove up right by the store entrance and was a stop painted on the ground and a stop sign along with it.

I motioned to a guy to go ahead and cross. He declined and waved and I took off. A lady behind me in a new buick suv rental said fk this and came around me as I took off and she cut back in and ripped off my bumper.

She stopped and got out as I did and immediately took a pick of the plate and told her not to take off.

Moving along later on was USAA covered my repair no problem but I wanted my1k deductable back. USAA call the rental car co insurance which was State Farm. They were only allowing $800 due to inattention. I said no. I want it all back.

Funny thing was where I had stopped, the guy who waved me on was store security who had a front row seat and I was right under the security camera.

He gave me the video and I ended up with myentire deductible back

ToolMaker
07-22-2022, 4:38am
Sharp curve posted 25 mph, he wasn't going to make it at 85 either! :toetap:

mrvette
07-22-2022, 5:40am
This whole deal of BACKING out of a parking lot/space, the entire design of typical parking lots is just flat out mind numbing stoooooopid......the way to design a lot is SO easy, just a two way entrance drive, and the parking slots at a diagonal and drive forward to the next row of lanes to leave, NO BACKING UP, DUE TO STOOPID NOSE TO NOSE PARKING, mutch less at a 90* turn in/out....how in HELL can anyone parked in a lot, having to back up, see out the rear/up/down the lanes to pull out, especially with all these pickups and SUW on each side.....cameras are a rather marginal improvement on that shituation, which is SOLVED by single land diagonal parking, pull forward and LOOK....not stare at some camera display seeing much of nothing....

:issues::issues::issues::sadangel:

ZipZap
07-22-2022, 12:33pm
This whole deal of BACKING out of a parking lot/space, the entire design of typical parking lots is just flat out mind numbing stoooooopid......the way to design a lot is SO easy, just a two way entrance drive, and the parking slots at a diagonal and drive forward to the next row of lanes to leave, NO BACKING UP, DUE TO STOOPID NOSE TO NOSE PARKING, mutch less at a 90* turn in/out....how in HELL can anyone parked in a lot, having to back up, see out the rear/up/down the lanes to pull out, especially with all these pickups and SUW on each side.....cameras are a rather marginal improvement on that shituation, which is SOLVED by single land diagonal parking, pull forward and LOOK....not stare at some camera display seeing much of nothing....

:issues::issues::issues::sadangel:

What happens when someone is parked in front of you? The only way this works is when there's a single row of diagonal slots, like the "pro" slots at the Depot. Great approach, but terrible use of space.

m and t's77
07-22-2022, 6:53pm
What happens when someone is parked in front of you? The only way this works is when there's a single row of diagonal slots, like the "pro" slots at the Depot. Great approach, but terrible use of space.

I always park in those spots at Lowe's with my pick up.That area always has a real cashier at all times too.

Yadkin
07-22-2022, 8:14pm
Floriduh jury can't even do math. Tesla 1% at fault but ordered to pay more than the others combined. What is wrong with Floridiots?

Frankie the Fink
07-24-2022, 3:48pm
When I was 17 I used to ride my Kawasaki down a dark two lame, country road at night at speeds of 120 mph in the '60s back when Virigina didn't require a helmet. I guess if I wound up dead in a tree it would have clearly been Kawasaki's fault...

Rodnok1
07-24-2022, 4:06pm
When I was 17 I used to ride my Kawasaki down a dark two lame, country road at night at speeds of 120 mph in the '60s back when Virigina didn't require a helmet. I guess if I wound up dead in a tree it would have clearly been Kawasaki's fault...

Guys fault who planted the tree... At least 40%..

mrvette
07-24-2022, 4:18pm
Guys fault who planted the tree... At least 40%..

Collect THAT from mommy nature, the guy's boss.......:dance::issues: