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>It also said police reports revealed that Speckman was found to be driving with a blood alcohol level more than twice the legal limit. Driving under the influ

>It also said police reports revealed that Speckman was found to be driving with a blood alcohol level more than twice the legal limit. Driving under the influence, what more is there to say?

DoesntMatter22 2y ago
From the rest of the comments here it's the Musk was ultimately at fault regardless of anything else.
- Terr_ 2y ago
  Nah: If anybody was actually holding Musk "ultimately at fault regardless of anything else", we wouldn't be talking about settling a product-safety lawsuit, but instead about a criminal trial for manslaughter. Since that's not the case--and I don't think anyone has even suggested it needs to be--we can safely infer that there's already a high degree of nuance and splitting of different levels and layers of responsibility going on. At the end of the day, "operator error"--even drunken operator error--is not enough to automatically negate all safety flaws.
  - DoesntMatter22 2y ago
    Lol... I love it. Blame the company for a person drunken driving
cdchn 2y ago
That having impaired drivers does not absolve you of liability for unintended acceleration.
- nomel 2y ago
  Is it possible to know the truth, for that? > Tesla maintains there was nothing wrong with the car. It said the data event recorder showed that Speckman kept her foot on the accelerator pedal before the crash and never attempted to brake. The family settling could seen as support for this claim. If it really did accelerate randomly, that seems like more of an NHTSA (or whoever) sort of thing more than something that could be settled.
  - WheatMillington 2y ago
    This wasn't an unintended acceleration case or a driver assistance case. The case is entirely about the car catching fire and being impossible to escape.
- fastball 2y ago
  The impaired driver was the one causing the unintended acceleration.
blinkingled 2y ago
That wasn't what the case was about. It was about the propensity of the car to catch on fire and faulty door latch design that prevented the passenger who survived the impact from getting out.
jrflowers 2y ago
Exactly. If he hadn’t been under the influence then the door latch system wouldn’t have had a defective design >The suit blamed the “propensity of the vehicle to catch fire, as well as the defective design of the door latch system entrapping him in the vehicle.”
- akira2501 2y ago
  And if he had just been a passenger and the driver was sober?
  - Terr_ 2y ago
    Not parent-poster, but I did a bit more digging since (the linked article is terribly incomplete) and found out that not only did the driver also die, but the passenger was also tested (posthumously?) as being over the legal BAC limit. [0] https://www.indystar.com/story/news/crime/2017/02/08/tesla-model-s-crash-investigation-drunken-driving-indianapolis/97597708/ https://www.indystar.com/story/news/crime/2017/02/08/tesla-m...
- Terr_ 2y ago
  > If he hadn’t been under the influence then the door latch system wouldn’t have had a defective design So... Poe's Law here. I can't tell if this is a sarcastic comment pointing out that a defective design remains defective even if someone is drunk, or whether this is a serious comment implying it wasn't really defective in normal circumstances. In any case, the person who was trapped-and-died was the passenger, and we don't know if or how-much they were drunk. The driver survived... or else they're making a lawsuit from beyond the grave.
  - Terr_ 2y ago
    Correction since I can't edit: Both driver and passenger died and the plaintiff(s) do not include the driver. That said, I blame this on the linked-article being crap: Despite discussing the passenger's death, it never says any other person in the car died, which normally means they survived. Instead, the driver died on the scene and the passenger later in a hospital [0]. More digging shows driver and passenger were (probably posthumously) tested at 0.21 and 0.17 BAC respectively. [1] [0] https://www.indystar.com/story/news/crime/2016/11/03/2-killed-fiery-tesla-crash-near-downtown/93227456/ https://www.indystar.com/story/news/crime/2016/11/03/2-kille... [1] https://www.indystar.com/story/news/crime/2017/02/08/tesla-model-s-crash-investigation-drunken-driving-indianapolis/97597708/ https://www.indystar.com/story/news/crime/2017/02/08/tesla-m...

>It also said police reports revealed that Speckman was found to be driving with a blood alcohol level more than twice the legal limit. Driving under the influence, what more is there to say?

DoesntMatter22 2y ago

From the rest of the comments here it's the Musk was ultimately at fault regardless of anything else.

Terr_ 2y ago
Nah: If anybody was actually holding Musk "ultimately at fault regardless of anything else", we wouldn't be talking about settling a product-safety lawsuit, but instead about a criminal trial for manslaughter. Since that's not the case--and I don't think anyone has even suggested it needs to be--we can safely infer that there's already a high degree of nuance and splitting of different levels and layers of responsibility going on. At the end of the day, "operator error"--even drunken operator error--is not enough to automatically negate all safety flaws.
- DoesntMatter22 2y ago
  Lol... I love it. Blame the company for a person drunken driving

cdchn 2y ago

That having impaired drivers does not absolve you of liability for unintended acceleration.

nomel 2y ago
Is it possible to know the truth, for that? > Tesla maintains there was nothing wrong with the car. It said the data event recorder showed that Speckman kept her foot on the accelerator pedal before the crash and never attempted to brake. The family settling could seen as support for this claim. If it really did accelerate randomly, that seems like more of an NHTSA (or whoever) sort of thing more than something that could be settled.
- WheatMillington 2y ago
  This wasn't an unintended acceleration case or a driver assistance case. The case is entirely about the car catching fire and being impossible to escape.
fastball 2y ago
The impaired driver was the one causing the unintended acceleration.

blinkingled 2y ago

That wasn't what the case was about. It was about the propensity of the car to catch on fire and faulty door latch design that prevented the passenger who survived the impact from getting out.

jrflowers 2y ago

Exactly. If he hadn’t been under the influence then the door latch system wouldn’t have had a defective design >The suit blamed the “propensity of the vehicle to catch fire, as well as the defective design of the door latch system entrapping him in the vehicle.”

akira2501 2y ago
And if he had just been a passenger and the driver was sober?
- Terr_ 2y ago
  Not parent-poster, but I did a bit more digging since (the linked article is terribly incomplete) and found out that not only did the driver also die, but the passenger was also tested (posthumously?) as being over the legal BAC limit. [0] https://www.indystar.com/story/news/crime/2017/02/08/tesla-model-s-crash-investigation-drunken-driving-indianapolis/97597708/ https://www.indystar.com/story/news/crime/2017/02/08/tesla-m...
Terr_ 2y ago
> If he hadn’t been under the influence then the door latch system wouldn’t have had a defective design So... Poe's Law here. I can't tell if this is a sarcastic comment pointing out that a defective design remains defective even if someone is drunk, or whether this is a serious comment implying it wasn't really defective in normal circumstances. In any case, the person who was trapped-and-died was the passenger, and we don't know if or how-much they were drunk. The driver survived... or else they're making a lawsuit from beyond the grave.
- Terr_ 2y ago
  Correction since I can't edit: Both driver and passenger died and the plaintiff(s) do not include the driver. That said, I blame this on the linked-article being crap: Despite discussing the passenger's death, it never says any other person in the car died, which normally means they survived. Instead, the driver died on the scene and the passenger later in a hospital [0]. More digging shows driver and passenger were (probably posthumously) tested at 0.21 and 0.17 BAC respectively. [1] [0] https://www.indystar.com/story/news/crime/2016/11/03/2-killed-fiery-tesla-crash-near-downtown/93227456/ https://www.indystar.com/story/news/crime/2016/11/03/2-kille... [1] https://www.indystar.com/story/news/crime/2017/02/08/tesla-model-s-crash-investigation-drunken-driving-indianapolis/97597708/ https://www.indystar.com/story/news/crime/2017/02/08/tesla-m...