RE: Did 'New-Car Smell' Cause Hit-And-Run?
RE: Did 'New-Car Smell' Cause Hit-And-Run?
Thursday 16th December 2010

Did 'New-Car Smell' Cause Hit-And-Run?

American claims the whiff of his new Mercedes contributed to crash



A Colorado man is claiming that the 'new car smell' of his Mercedes contributed to a hit-and-run incident.

Martin Erzinger, who had owned his brand-new Benz for about a month at the time of the accident, fell asleep at the wheel and collided with a cyclist before driving into a concrete culvert.

Erzinger's attorneys claim that their client's sleep apnea was compounded by the car's new-car smell. There have been studies revealing that the mixture of heavy metals and volatile organic chemicals that create the distinctive odour of 'new car' could be potentially dangerous to breathe in, but whether they can actually cause a person to lose consciousness is another matter entirely.

Forensic investigator John Koziol suggested in court documents that this might be the case. "Harmful and noxious gases emitted from the upholstery can infiltrate the driver's compartment and potentially alter the driver," said Koziol.

Colorado newspaper, the Vail Daily, also reported that calls to Mercedes USA about the new-car smell were not returned by the deadline.

Prosecution lawyers cited the defendant's sleep apnea as a far more probable cause for the incident, however.

Whether the use of new-car smell proves an effective defence is - of course - up for the US courts to decide.

Pic: Dyanna


Author
Discussion

MarJay

Original Poster:

2,180 posts

196 months

Thursday 16th December 2010
quotequote all
Oh dear.

Hopefully common sense will prevail, and the US courts will realise that thousands of new cars are sold every year, and there aren't thousands of sleep related incidents...

anonymous-user

75 months

Thursday 16th December 2010
quotequote all
Man up and take responsibility for your actions, you stupid tt!

Dave

davemac250

4,499 posts

226 months

Thursday 16th December 2010
quotequote all
Worzel Gummage appears to be having a wk again.

NitroNick

757 posts

231 months

Thursday 16th December 2010
quotequote all
I predict every new car being recalled to have the smell taken out.

IforB

9,840 posts

250 months

Thursday 16th December 2010
quotequote all
Wow. The defence team must be strapped for ideas if this is the best they can come up with!


Steff

1,420 posts

284 months

Thursday 16th December 2010
quotequote all

Evil.soup

4,047 posts

226 months

Thursday 16th December 2010
quotequote all
It does seem like a desperate defence but I would imagine it could fly in court. Sleep apnoea is a real condition and if the guy can prove that the potentially "toxic" fumes can exasperate the condition then he has a defence. However, a ban from owning or driving a new car could be on the cards if not a driving ban all together due to illness as with someone with epilepsy. Let’s hope so!!

Luca Brasi

885 posts

195 months

Thursday 16th December 2010
quotequote all
Americacloud9

Mr Whippy

32,121 posts

262 months

Thursday 16th December 2010
quotequote all
Evil.soup said:
It does seem like a desperate defence but I would imagine it could fly in court. Sleep apnoea is a real condition and if the guy can prove that the potentially "toxic" fumes can exasperate the condition then he has a defence. However, a ban from owning or driving a new car could be on the cards if not a driving ban all together due to illness as with someone with epilepsy. Let’s hope so!!
Indeed.

What if it was an old car with the window down and he got a whiff of something that caused him to fall off to sleep.

The only reasonable thing to do is to take his right to drive away if he can't control it from such simple things as strong smells.

Dave

MacW

1,349 posts

197 months

Thursday 16th December 2010
quotequote all
MarJay said:
Oh dear.

Hopefully common sense will prevail, and the US courts will realise that thousands of new cars are sold every year, and there aren't thousands of sleep related incidents...
biglaugh

goron59

397 posts

192 months

Thursday 16th December 2010
quotequote all
MarJay said:
Hopefully common sense will prevail ...
Well, this is the US court system smile

AbleArcher

25 posts

181 months

Thursday 16th December 2010
quotequote all
Damn, this really is serious. I think MB should initiate a recall a la Toyota with those (allegedly) sticky accelerator pedals!

Seriously, if the courts find MB at fault, the precedent this is going to set will be frightening.

nonuts

15,855 posts

250 months

Thursday 16th December 2010
quotequote all
dme123 said:
Man up and take responsibility for your actions, you stupid tt!

Dave
This!

nawarne

3,137 posts

281 months

Thursday 16th December 2010
quotequote all
goron59 said:
MarJay said:
Hopefully common sense will prevail ...
Well, this is the US court system smile
Yep!
There'll be warnings and disclaimers in every new car:
"Don't inhale deeply whilst driving" springs to mind.
Nick

Hackney

7,345 posts

229 months

Thursday 16th December 2010
quotequote all
MarJay said:
Oh dear.

Hopefully common sense will prevail, and the US courts will realise that thousands of new cars are sold every year, and there aren't thousands of sleep related incidents...
Or, thousands of people will now realise they have the perfect excuse for their stupidity

GT Kodiak

2,907 posts

200 months

Thursday 16th December 2010
quotequote all
New to all Mercedes Cars:

"Warning, May contain nuts" nuts

77box

10 posts

192 months

Thursday 16th December 2010
quotequote all
Nah, all Mercedes have to do is put a huge sticker on the windscreen saying "do not breathe while driving as doing so may cause loss of control".
Goes right along with those glorious cruise control and stuck accelerator stories of old. Where would we be without these sad but wonderful tales of stupidity?
Other forms of transport for the terminally dumb are, of course, available.

MAD63

47 posts

193 months

Thursday 16th December 2010
quotequote all
Whats the problem? I can remember smelling alchohol in a car once and driving into a ditch.
...or maybe he could smell ' furry young cat' and drove into the guy who had been banging his wife?

benjiman

13 posts

201 months

Thursday 16th December 2010
quotequote all
They should give his car to a mini cab company for a week. Wont have a new car smell when he gets it back. Problem solved :-)

AntJC

182 posts

221 months

Thursday 16th December 2010
quotequote all
Only In Americawhistle