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.
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