5 ms·

If Tesla is not blameless, then it is not driver's fault 100%. Total blame cannot exceed 100%.

nix0n 2y ago
There are plenty of situations where total blame adds up to less than 100%, where multiple people make honest mistakes. This situation is the opposite of that, because multiple people were knowingly reckless. Edit: By "multiple people" I mean the driver and Elon.
phrop 2y ago
But it can and often does. They do not "share" the blame, but are both at fault (IMHO).
throwup238 2y ago
It's not like the juries of two different cases get together and decide how to proportion the penalty.
- breadwinner 2y ago
  Depends on the jurisdiction. Some states allow fault to be apportioned to third parties, and some forbid it entirely. [1] [1] https://pro.bloomberglaw.com/insights/litigation/contributory-negligence-and-apportionment-of-fault/ https://pro.bloomberglaw.com/insights/litigation/contributor...
LZ_Khan 2y ago
I feel like 100% is not meant to be taken literally here.
- robcohen 2y ago
  I vote for letting numbers be literal.
  - saagarjha 2y ago
    Well 100% of the votes went to not doing that.
stop50 2y ago
Ask some people on death row. 3-4 people were arrested and sentenced to death for the exact same crime.
kube-system 2y ago
If there was more than one tort or crime that happened, then yes, there could be.
mjw1007 2y ago
There is no law of conservation of blame. Why would there be?
- kube-system 2y ago
  Eh, not sure if I would say that. There are a lot of legal rules about how blame is assigned. https://en.wikipedia.org/wiki/Joint_and_several_liability https://en.wikipedia.org/wiki/Joint_and_several_liability https://en.wikipedia.org/wiki/Comparative_negligence https://en.wikipedia.org/wiki/Comparative_negligence https://en.wikipedia.org/wiki/Contributory_negligence https://en.wikipedia.org/wiki/Contributory_negligence
  - mjw1007 2y ago
    Liability for paying amounts of money is not at all the same thing as blame.
    - kube-system 2y ago
      Are we talking about torts or crimes? If we're talking about tort law, then yes, damages are measured in dollars. And those damages are absolutely subject to rules about how they are split when multiple people are liable. If we're talking about crimes, then "percent of blame" is nonsensical. There is no percent liability for a crime, you either are guilty or you are not.

There are plenty of situations where total blame adds up to less than 100%, where multiple people make honest mistakes. This situation is the opposite of that, because multiple people were knowingly reckless. Edit: By "multiple people" I mean the driver and Elon.

phrop 2y ago

But it can and often does. They do not "share" the blame, but are both at fault (IMHO).

throwup238 2y ago

It's not like the juries of two different cases get together and decide how to proportion the penalty.

breadwinner 2y ago
Depends on the jurisdiction. Some states allow fault to be apportioned to third parties, and some forbid it entirely. [1] [1] https://pro.bloomberglaw.com/insights/litigation/contributory-negligence-and-apportionment-of-fault/ https://pro.bloomberglaw.com/insights/litigation/contributor...

LZ_Khan 2y ago

I feel like 100% is not meant to be taken literally here.

robcohen 2y ago
I vote for letting numbers be literal.
- saagarjha 2y ago
  Well 100% of the votes went to not doing that.

stop50 2y ago

Ask some people on death row. 3-4 people were arrested and sentenced to death for the exact same crime.

kube-system 2y ago

If there was more than one tort or crime that happened, then yes, there could be.

mjw1007 2y ago

There is no law of conservation of blame. Why would there be?

kube-system 2y ago
Eh, not sure if I would say that. There are a lot of legal rules about how blame is assigned. https://en.wikipedia.org/wiki/Joint_and_several_liability https://en.wikipedia.org/wiki/Joint_and_several_liability https://en.wikipedia.org/wiki/Comparative_negligence https://en.wikipedia.org/wiki/Comparative_negligence https://en.wikipedia.org/wiki/Contributory_negligence https://en.wikipedia.org/wiki/Contributory_negligence
- mjw1007 2y ago
  Liability for paying amounts of money is not at all the same thing as blame.
  - kube-system 2y ago
    Are we talking about torts or crimes? If we're talking about tort law, then yes, damages are measured in dollars. And those damages are absolutely subject to rules about how they are split when multiple people are liable. If we're talking about crimes, then "percent of blame" is nonsensical. There is no percent liability for a crime, you either are guilty or you are not.