Dashcam: Driver steps out of moving car in traffic, crash happens

The police might not have known about the video yet. It was uploaded Friday, and still spreading by the time she was released.

I guess it depends on if the person who took the video stuck around to give it to the police or not.

Well, the dealer told her the test drive was until 3:15, so she had to leave. Quite responsible, really.

3 Likes

No, in California cars purchased from a new or used car dealer will have no plates on them when the new owner drives them off the lot. The registration is kept in a plastic pocket in the front windshield, but they will have the dealer paper tags until the real plate comes in. I donā€™t know why CA doesnā€™t give stacks of pre-printed plates to the dealers (like they have at the DMV; if you go in for plates for a private purchase to the DMV they hand you one from a stack) or the paper tags that most every other state has.

In fact, you get up to 6 months to put the tags on your car (I think this is because the post office sucks about as bad as the DMV), and it led to the myth that Steve Jobs had some special barcode plate: Mystery solved: Why Steve Jobsā€™ car never had a license plate - Apple

2 Likes

From the body language - ā€œThatā€™s enough driving for today.ā€

5 Likes

OMG - someone tell Brian Day to cheer the fuck up.

2 Likes

They had nothing they could hold her on. She will lose her license and she is now totally uninsurable. She will never be legally driving again. Her insurance will drop her after they pay the legal minimum they can, leaving her liable for all the rest of the damages (sucks for the people who got hit by her vehicle, because they will probably never see a cent from her). Once the full case is made Iā€™m sure sheā€™ll be charged with reckless endangerment amongst other crimes. She may not get a DUI (Iā€™d venture to guess that she was on something at the time), but she will be charged with several crimes, be financially liable, have all sorts of fines and even some jail time for this. Basically, she will be ruined (financially, socially, will probably not be able to get much employment) because of this.

3 Likes

Only if she isnā€™t rich or famous. They can make lots of stuff go away.

2 Likes

Anyone else think sleep driving? When you are sleep walking you do strange stuff.
What if she was sleep driving and thought that she had reached her stop then got out of the car?
Road hypnotism?

6 Likes

Iā€™ve got to get me a dashcam - there are so many incredible things that get captured everyday on those things!

6 Likes

There are all kinds of problems, mental and drug interactions, that can lead to this kind of behavior. There was a rather famous case with Kerry Kennedy a few years back, in which she claimed (and the jury agreed) that she accidentally took Ambien instead of her thyroid medication in the morning, and subsequently got in to a wreck and fell asleep at the wheel. There are also plenty of cases of people who take Ambien or similar sleep aids and become somnambulistic, though the fact that the ā€œaccidentā€ happened at 3:45 in the afternoon suggests it was probably not the typical case of voluntarily taking a sleep-aid before going to bed, then going on a sleep-walk/drive.

@mewyn: I think youā€™re assuming a lot; if they didnā€™t find a reason to charge her with DWI my guess is that there was a legitimate cause for her erratic behavior, such as being off meds that were prescribed, or perhaps some kind of meds interaction or mental health issue. As for her being uninsurable or never being able to legally drive again, thatā€™s a stretch but maybe that actually would be a good thing; until there is a known, preventable cause for this behavior she probably shouldnā€™t be behind the wheel. Anyone who has a daytime seizure, for instance, is typically barred from driving for at least 12 months.

3 Likes

Not a self driving car: confirmed
Sensor to stop the car when thereā€™s no driver: future feature.

2 Likes

Thatā€™s not a dealer plate, thatā€™s just an advertisement for a dealership.

3 Likes

First, negligence, in and of itself, is not a crime. Combined with other facts it may produce a tort or a crime. Here, we actually need more facts to figure out if it is one, the other, both, or neither.

Facts we need to know:

  1. Did she knowingly/willfully exit the moving car without putting it in park and applying the parking brake? It appears she did, but if she had a psychotic break, she may not have.

2a) if she DID do this knowingly/willfully, that constitutes negligence (she breached her duty of care to others.) On the civil side, because her breach of the duty of care was both a cause-in-fact (the damages wouldnā€™t have happened without her negligence) and a proximate cause (it is sufficiently related to the injury), her insurer and she will be liable for all of the other driversā€™ damages. On the criminal side, it will depend on the jurisdiction, but may at least unsafe operation of a motor vehicle if not reckless driving or even criminal negligence.

2b) If she DID have a psychotic break (or other uncontrollable episode that caused her actions to be involuntary) then the question becomes ā€œWas she on notice about the possibility of such an event due to her past medical history?ā€ In other words, had such a psychotic break happened before? If so, then the mere act of getting into the car and driving it is the negligent act. If she had not had notice (i.e., this and anything like it had never happened before) she may not be civilly or criminally liable at all in this case. However, from now on she will be if this ever happens again because she is obviously now on notice about her medical issues and will be de-facto negligent if she ever gets behind the wheel again before she is cured of her issues.

3 Likes

All kinds of bizarre crap was happening in front of me on the road for a while, then I got a dash cam, now almost nothing of interest happens. :-/

6 Likes

The Rapture is not a do-it-yourself deal.

4 Likes

Nice reply (: thank you for taking the time to write that up

1 Like

Itā€™s rather obvious what happened and forgivableā€¦ There was a spider in the car.

Delusional parasitosis?

1 Like
4 Likes

That was actually my first thought. But Iā€™d say itā€™s rather unlikely compared with chemical impairment while driving which seems to me at least to be a more common occurrence.