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View Full Version : Another car, another dead cyclist.


sales guy
02-07-2014, 06:53 AM
http://www.santacruzsentinel.com/santacruz/ci_25069553/santa-cruz-county-da-tesla-driver-be-charged


He blamed it on the "new car smell". I kid you not.

fa63
02-07-2014, 06:59 AM
The system is sh**; best justice that money can buy...

What a shame for the cyclist and his family.

oldpotatoe
02-07-2014, 07:03 AM
http://www.santacruzsentinel.com/santacruz/ci_25069553/santa-cruz-county-da-tesla-driver-be-charged


He blamed it on the "new car smell". I kid you not.

"Wednesday, prosecutor Greg Peinado said Jain will be charged with a misdemeanor rather than a felony because evidence suggests that Jain did not "act in such a reckless way that creates a high risk of death."

Falling asleep at 11:30 in the morning while driving? NOT reckless?? They are painting this as an accident, as in, could not be prevented..chain of events, the guy is sleepy? Stop driving.

I hope his family cleans him out $ wise.

sales guy
02-07-2014, 07:21 AM
I read the comments, and it sounds like this guy is loaded. Started two major tech companies. I hope the family get some serious coin. Only reason they won't, no kids. At least the article doesn't say they had kids or not.

I'm not a fan of blame for blames sake. But in this case, the driver is absolutely to blame. NOT Tesla Motors. I think they added it because of what Jain said was his cause for killing a guy. Which is so F'ing stupid I couldn't even laugh!

nebraskacycling
02-07-2014, 08:05 AM
This is terrible. Any action that causes the death of another. Deliberate or not deserves serious punishment. Accidents happen, but falling asleep at the wheel is not a case where you should get a slap on the wrist. It is completely avoidable and hopefully someday the justice system wakes up.

oldpotatoe
02-07-2014, 08:10 AM
I read the comments, and it sounds like this guy is loaded. Started two major tech companies. I hope the family get some serious coin. Only reason they won't, no kids. At least the article doesn't say they had kids or not.

I'm not a fan of blame for blames sake. But in this case, the driver is absolutely to blame. NOT Tesla Motors. I think they added it because of what Jain said was his cause for killing a guy. Which is so F'ing stupid I couldn't even laugh!

Maybe he was 'loaded' when he hit the guy. Wonder if they did a tox screen, blood/urine test.

The lady that fell asleep at 10:30 on a Saturday morning and hit me from behind..whined to the cops(I was out cold, came to in the ambulance), all boo-hoo, so they didn't test her.

I hope they hammer the guy.

sales guy
02-07-2014, 08:29 AM
Maybe he was 'loaded' when he hit the guy. Wonder if they did a tox screen, blood/urine test.

The lady that fell asleep at 10:30 on a Saturday morning and hit me from behind..whined to the cops(I was out cold, came to in the ambulance), all boo-hoo, so they didn't test her.

I hope they hammer the guy.

It sounds like they already have a plan on how to prosecute. Again, the USA is third world in terms of cycling and the rights of cyclists. Kill a cyclist, get a medal in some areas. Sickening.

By the way, thanks to Byron and bikeHugger for the mention about the article.

oldpotatoe
02-07-2014, 08:31 AM
It sounds like they already have a plan on how to prosecute. Again, the USA is third world in terms of cycling and the rights of cyclists. Kill a cyclist, get a medal in some areas. Sickening.

By the way, thanks to Byron and bikeHugger for the mention about the article.

agree.....

sales guy
02-07-2014, 08:32 AM
agree.....

Old, when I get out the CO this year we're going to have to get lunch. My treat. Just recommend a good place is all.

Saint Vitus
02-07-2014, 08:40 AM
"Affluenza"...


Oldpotatoe, it does state that toxicology reports will be a part of the investigation.

oldpotatoe
02-07-2014, 08:44 AM
"Affluenza"...


Oldpotatoe, it does state that toxicology reports will be a part of the investigation.

Yeah, saw that when I re-read it..wonder how extensive the tests were is all....fell asleep a 11:30...??

When my lawyer hired a PI just before my case was settled, he found out the woman that nailed me was in Blackhawk all night on Friday night...I just hope the family of the gent killed has a very good lawyer who isn't afraid to go to civil court..

oldpotatoe
02-07-2014, 08:45 AM
Old, when I get out the CO this year we're going to have to get lunch. My treat. Just recommend a good place is all.

10-4..I will find a place that does that really un-Boulder type meal..ya know..eat something with a face..

sales guy
02-07-2014, 08:51 AM
10-4..I will find a place that does that really un-Boulder type meal..ya know..eat something with a face..

I'm down with that. Love me a good steak.

I hope that the family has a good lawyer. I hope he doesn't walk away too easily. But money buys justice so he probably will. Affluenza and all. Sucks.

redir
02-07-2014, 09:00 AM
This is my wife's worse nightmare. I see it in her eyes every time I go out for a ride.

New car smell my asss.

sales guy
02-07-2014, 09:29 AM
This is my wife's worse nightmare. I see it in her eyes every time I go out for a ride.

My wife could care less if only for me to be home to take care of the kids! And the life insurance is up to date.

jtakeda
02-07-2014, 10:22 AM
After seeing the picture I knew the victim when I lived in SC.

Truly sad. I can't believe this isn't a felony and if you've ever been on highway 1 at dimeo ln, you'd see there's absolutely no way this was an accident.

Bkat
02-07-2014, 10:55 AM
These types of stories are becoming far too frequent. Sad when the "best" recourse is a civil suit. No matter how much the judgement may be, the guy is dead. I guess the only thing resembling justice is that, if this driver has a shred of conscience, the incident will haunt him the rest of his life.

Seramount
02-07-2014, 11:07 AM
the 'new car' smell is generally attributable to the odor of organic chemicals such as phthalates (used as plasticizers).

a good lawyer could probably find some toxicologists to cook up a quasi-convincing story about how inhaling a cocktail of these could induce a lowered state of consciousness, blah blah...

hey, they convinced 12 twelve people that OJ was innocent, they could probably sell this far-fetched premise too...

never assume guilty people will get what they deserve.

CunegoFan
02-07-2014, 01:33 PM
I'm not a fan of blame for blames sake. But in this case, the driver is absolutely to blame. NOT Tesla Motors. I think they added it because of what Jain said was his cause for killing a guy. Which is so F'ing stupid I couldn't even laugh!

It sounds like a good plan to me. If the driver claims the accident was caused by new car smell then let Tesla prove it's bogus.

Bkat
02-07-2014, 02:03 PM
never assume guilty people will get what they deserve.

I still believe the guilty inevitably get what they deserve. Although it may not always be at the time, place, and method we'd like.;)

Louis
02-07-2014, 02:06 PM
Since nearly all adults are drivers, and few of them cyclists or even know cyclists, the system is set up to give the drivers a pass. The least bit of an excuse, and off you go, scot-free. Only if the driver is considered by society to be the worst of the worst, say a totally stoned meth-head, are they truly held responsible.

soulspinner
02-08-2014, 05:36 AM
"Wednesday, prosecutor Greg Peinado said Jain will be charged with a misdemeanor rather than a felony because evidence suggests that Jain did not "act in such a reckless way that creates a high risk of death."

Falling asleep at 11:30 in the morning while driving? NOT reckless?? They are painting this as an accident, as in, could not be prevented..chain of events, the guy is sleepy? Stop driving.

I hope his family cleans him out $ wise.

Ya Teslas are big dollars so hes got assets.................

Bkat
02-08-2014, 09:17 AM
I agree that, to many motorists, cyclists are nothing more than road kill waiting to happen and therefore treat us as such. But I think the problem is even more widespread than that. There are too many innocent people killed or maimed while driving in cars or even just crossing the street whose lives are permanently and irrevocably altered by drunk or distracted drivers, while the perpetrators themselves get off with a slap on the wrist.