Quote:
Originally Posted by DarkStar
Speed and loss of control due to the speed caused the wreck. Not saying it wouldn't happen driving 40mph on city streets. But less likely regardless.
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Actually those are the same thing. And as I said before, Walker's case is quiet different than Rodas'. He is not responsible for the decision making of Rodas. Neither do Rodas' decisions/errors absolve Porsche in a wrongful death case based on design defect, which is essentially the case that Walker's daughter has brought.
The jury will likely have to weigh the comparative negligence of RODAS as well as that of Porsche, in determining to what extent Porsche's decision making in the seatbelt design, fuel lines and stability control were a factor in Walker's death. People think that Walker was completely liable for all his injuries simply because he got in the car, but the law doesn't work that way. If he were the driver there was a time where "contributory negligence" might have negated all his daughter's claims but those days are past and again, he was the passenger and not the driver. When another passenger, Corey Rudl, died in this car the case settled for $4 million, with the widow also receiving damages from the driver's estate. But Walker's daughter is not obligated to bring suit against Rodas.
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