As perhaps one of the most prolific electric bike reviewers on the internet, I spend a lot of time riding city streets and have occasionally wondered if this is the way I’ll go out one day. Yesterday, I nearly had the answer to that question as a police cruiser almost smeared me across three lanes of traffic.
It happened to occur while I was in the middle of filming a review of a Velotric Breeze 1 electric bike. With the rare opportunity of catching a moment like that on camera, it turned into a chance for me to take a second look at what I did right as well as what I might have done wrong to wind up in that situation.
And why keep that kind of analysis to myself? Come along with me while I Monday morning quarterback myself.
An uncomfortably close perspective on bike safety
As cyclists, we’re probably the most vulnerable road users out there. Out of necessity, that liability gives us a unique perspective – one that is even more well-rounded if you happen to also drive a car from time to time.
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In fact, an hour before I got an uncomfortably close view of a police cruiser’s grille, I was driving my family’s borrowed minivan, and only an hour afterward, I was going 0 to 60 in three seconds on my LiveWire electric motorcycle, so I’d consider myself a fairly holistic road user.
When I’m riding my electric bicycles in the bike lane, especially the unprotected bike lanes that are merely a strip of paint laid down on the shoulder of a busy road, I’m constantly scanning for threats. As you can see in the video below, that gave me around 1-2 seconds of warning as I saw a police cruiser accelerating hard as he prepared to blow past a stop sign to cross three empty lanes of a major road. The only problem was that there was a fourth lane there – a bicycle lane – and it was very occupied, by me.
See what I mean in the video below.
What happened?
Basically, the police cruiser appeared to be in quite a rush. The officer didn’t have the lights or siren on, so I’m not sure if it was official, but the car was booking it. I first heard the engine winding up before even seeing the car, and it was obvious he wasn’t preparing to stop, despite the stop sign at the end of the crossroad.
As soon as I heard the engine and turned my head to clock the car’s trajectory, I was on the brakes. The Velotric Breeze 1 electric bike I was riding has what I can now confirm are excellent hydraulic brakes and I immediately started slowing down. A fraction of a second later, the cop appeared to see me panic braking and started his own panic braking, sliding his cruiser across the stop line and halfway through the pedestrian crosswalk lines.
Once I saw his brake dive and could see he was going to be able to stop in time, I let off my own brakes to continue down the bike lane and not dangerously slide to a stop myself. I had a few choice words but figured I’d be better advised not to confront the cop lest I get hit with some sort of “attempted to damage government property with his formerly intact femur” charge.
I understand that the video above might not look as intense as it felt, but let me assure you that seeing 5,000 pounds of police car skidding towards you on a bicycle will have you leaving your own skidmark of sorts.
What went right… and wrong?
It’s important to remember that this kind of thing happens to countless cyclists every single day. As a bike reviewer, I was merely lucky to have a 360º camera recording during it and the privilege of having a platform to share it on. So why not take the opportunity to make the most of this and learn something useful from the situation?
First of all, let’s look at what went wrong. While this is mostly the fault of the cop, I’m not off the hook here, either.
The main issue here is that the cop was driving recklessly on a side road and intending to blow a stop sign before cutting across three lanes of traffic onto a major road, all while obviously not watching very closely for traffic. Now if he had been responding to a call, that would have been one thing. Police officers aren’t beholden to certain traffic laws and are allowed to disregard things like speed limits and stop signs when responding to an emergency call. However, that’s exactly why they have sirens and lights, to alert other road users. In this case, the cop either wasn’t responding to a call or didn’t turn on his lights or sirens. The fact that he still didn’t turn on his lights or siren even after nearly pancaking me means he probably wasn’t responding to a call, and was just gunning it down a side street because he could.
The second issue is poor road design. Not only was the cop at a disadvantage due to the relatively tall shrubs and retail signs on the side street that could limit a driver’s view of oncoming traffic on the main road, but the bicycle lane I was using was the worst kind: just a strip of paint on the shoulder. There’s no protective border, no green paint as a reminder to drivers, and no clear visual separation at intersections where conflicts are most likely to occur. The cop should still be looking for road users, including cyclists, but the road design didn’t make that any easier.
The last issue, which is on me, is that I was wearing dark colors and not highly visible. Black shirt, dark pants, black helmet – nothing that jumps out and says “look at me.” Now, I’m not a fan of the argument that cyclists should wear high-vis clothing because it smacks of the same kind of victim-blaming thought process brought to you by the folks who use “sure, he shouldn’t have assaulted her behind that bar, but did you see what she was wearing?”. So I could have been more visible, and shoutout to Velotric for offering lots of bright bike colors, but I shouldn’t have to wear a bright yellow vest in order for drivers to not kill me.
Ok, now let’s look at what went right. First of all, I know that I always have to be aware of my surroundings when I’m on a bike. When I ride, I don’t wear headphones and I don’t talk on the phone. My eyes are always scanning and I’m always listening for threats. In this case, I was talking to the camera while filming a review, but you can see I’m still looking around during it and I immediately heard the cop car’s engine accelerating hard as he prepared to swing out onto the road. That meant I could get on the brakes before he even knew I was there. Fortunately, I didn’t have to test the following theory since he saw me at the last minute and also slammed on his brakes, but I believe I could have stopped just short of the side street with my full-on emergency braking. Again, props to Velotric for using good hydraulic brakes on the Breeze 1 e-bike. So that part went well – always be aware of your surroundings and never needlessly mute one of your important senses like sight or hearing.
Next, I was riding at appropriate speeds for the conditions. That bike can do 28 mph (45 km/h) easily, and I enjoy going that fast on long straightaways and in areas where conditions allow. But as you can see from the video, there’s a cross street or retail parking lot entrance just about every few seconds and there are simply too many chances for something like this to happen. I was doing closer to 15-20 mph in this area due to the high number of intersections, which meant that I had more time to react when I detected the threat. At full Class 3 speeds of 28 mph, there’s no way I would have been able to brake in time and I would have been completely reliant on the cop not running that stop sign. Don’t get me wrong, I love going fast and I do it often. But I also slow down when conditions suggest it, and today, that paid off.
And lastly, as I mentioned above, the bike I was riding is an eye-catching bright blue color. In fact, only a few minutes earlier, another cyclist stopped me to tell me how much he loved the color. I truly think that when the cop did finally see me, he probably saw the bright blue bike before he actually saw me. I’ve long advocated for brightly colored e-bikes, partly because of my disdain for suggesting that cyclists should be forced to wear bright-colored clothing for their own protection. Personally, I like fun and bright-colored e-bikes, but I also accept that they help make us more visible regardless of the outfit we choose to wear that day. I’ll also point out that I was also wearing a decent bicycle helmet with a properly adjusted chin strap. It’s been a while since I’ve actually put helmet to pavement, but in the couple of times I’ve crashed over the last decade or so, I’ve been glad it was there.
The moral of the story, if there is one, is that hypervigilance is important for cyclists, and even more important for drivers. If you operate a vehicle that exposes you to the risks of the road, you have to watch out for yourself. And if you operate a vehicle that exposes everyone else to the risk of your vehicle, then the responsibility sits even heavier upon you.
Even ignoring the fact that, in this case, it was the very people we expect to keep our roads safe that ultimately caused the greatest danger, all car drivers simply must do a better job watching for all road users, and that includes the most vulnerable, such as cyclists and motorcyclists.
And as vulnerable road users ourselves, those of us who opt for two wheels must remember that among the few people who actually read my previous sentence, almost none will heed it, and that means we are the only ones we can count on to truly protect ourselves.
Perhaps one day more cities will have better ways to physically separate cyclists from cars through the use of improved road infrastructure and protected cycling lanes. Until then, we’ll have to rely on our eyes, our ears, and our helmets.
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China’s Dongfang Electric has installed a 26-megawatt offshore wind turbine, snatching the title of world’s most powerful from Siemens Gamesa’s 21.5 turbine in Denmark.
Photo: Dongfang Electric Corporation
The Chinese state-owned manufacturer announced today that it has installed the world’s most powerful wind turbine prototype at a testing and certification base. This turbine, the world’s largest for capacity and size, boasts a blade wheel diameter of more than 310 meters (1,107 feet) and a hub height of 185 meters (607 feet). Dongfang shipped the turbine’s nacelle earlier this month – the world’s heaviest – along with three blades.
This offshore wind turbine is designed for areas with wind speeds of 8 meters per second and above. With average winds of 10 meters per second, just one of these giants can generate 100 GWh of power annually, which is enough to power 55,000 homes. That’s enough to cut standard coal consumption by 30,000 tons and reduce CO2 emissions by 80,000 tons. Dongfang says it’s wind resistant up to 17 (200 km/h) on the extended Beaufort scale.
In May, Dongfang said it had completed static load testing on the turbine’s blades, and the turbine is now undergoing fatigue testing, which could take up to a year before the turbine is fully certified.
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The autonomous ag equipment experts behind the GUSS robotic sprayers have been developing their AI tech as part of a JV with John Deere for years — and now, that marriage is official. John Deere has acquired 100% of GUSS, and has big plans to pick up that tech and run with it like a … well, you know.
Since then, interest in automated ag equipment has only grown — fueled not just by rising demand for affordable food and produce, but by a national labor shortage made worse by the Trump Administration’s tough anti-immigration policies as well. It’s specifically those challenges around labor availability, input costs, and crop protection that GUSS and John Deere have been spending millions to address.
“Fully integrating GUSS into the John Deere portfolio is a continuation of our dedication to serving high-value crop customers with advanced, scalable technologies to help them do more with less,” explains Julien Le Vely, director, Production Systems, High Value & Small Acre Crops, at John Deere. “GUSS brings a proven solution to a fast-growing segment of agriculture, and its team has a deep understanding of customer needs in orchards and vineyards. We’re excited to have them fully part of the John Deere team.”
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About GUSS
GUSS autonomous farm sprayer; via John Deere.
The GUSS electric sprayer is powered by a Kreisel Battery Pack 63 (KBP63), which has a nominal energy capacity of 63 kWh, enabling the machine to operate for 10-12 continuous hours between overnight (L2) charges.
The GUSS electric sprayers feature the Smart Apply weed detection system that measures chlorophyll in the various plants it encounters, identifying weeds embedded among the crops, and only sprays where weeds are detected. The company claims its weed detecting tech significantly reduces the amount of chemicals being sprayed onto farmers’ crops, resulting in “up to 90% savings” in sprayed material.
John Deere’s deep pockets will support GUSS as it continues to expand its global reach, and help the group to accelerate Smart Apply’s innovation and integration with other John Deere precision agriculture technologies.
“Joining John Deere enables us to tap into their unmatched innovative capabilities in precision agriculture technologies to bring our solutions to more growers around the world,” says Gary Thompson, GUSS’ COO. “Our team is passionate about helping high-value crop growers increase their efficiency and productivity in their operations, and together with John Deere, we will have the ability to have an even greater impact.”
GUSS-brand autonomous sprayers will be sold and serviced exclusivelythrough John Deere dealers, and the GUSS business will retain its name, branding, employees, and independent manufacturing facility in Kingsburg, California.
More than 250 GUSS machines have been deployed globally, having sprayed more than 2.6 million acres over 500,000 autonomous hours of operation.
Electrek’s Take
Population growth, while slowing, is still very much a thing – and fewer and fewer people seem to be willing to do the work of growing the food that more and more people need to eat and live. This autonomous tech multiplies the efforts of the farmers that do show up for work every day, and the fact that it’s more sustainable from both a fuel perspective and a toxic chemical perspective makes GUSS a winner.
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Lawyers for Tesla filed a motion asking a court to throw out a recent $243 million verdict against the company related to a fatal crash in Florida in 2019. The case is the first instance of Tesla being ruled against by a court in an Autopilot liability case – previous cases had ended up settled out of court.
To catch up, the case in question is the $243 million Autopilot wrongful death case which concluded early this month. It was the first actual trial verdict against the company in an Autopilot wrongful death case – not counting previous out-of-court settlements.
The case centered around a 2019 crash of a Model S in Florida, where the driver dropped his phone and while he was picking it up, the Model S drove through a stop sign at a T-intersection, crashing into a parked Chevy Tahoe which then struck two pedestrians, killing one and seriously injuring the other.
Tesla was also caught withholding data in the case, which is not a good look.
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In the end, for the purposes of compensatory damages, the driver was found 67% responsible and Tesla was found 33% responsible. But Tesla was also slapped with $200 million in punitive damages. The plaintiffs reached a settlement with the driver separately.
Tesla said at the time that it planned to appeal the case, and its first move in that respect happened today, with lawyers for Tesla filing a 71-page motion laying out the problems they had with the trial.
In it, Tesla requests either that the previous verdict be thrown out, that the amount of damages be reduced or eliminated, or that the case go to a new trial, based on what Tesla contends were numerous errors of law during the trial.
The table of contents of Tesla’s filing lays out the company’s rough arguments for why it’s requesting the verdict to be thrown out, with Tesla seeming to throw several arguments at the wall to see what sticks:
I. Tesla Is Entitled to Judgment as a Matter of Law (or at Least a New Trial) on Liability.
A. The Verdict Is Unsupported by Reliable Expert Evidence.
B. Plaintiffs’ Design-Defect Theories Fail as a Matter of Law.
1. Tesla’s 2019 Model S Was Not Defective.
2. McGee Was the Sole Cause of Plaintiffs’ Injuries.
C. The Failure-to-Warn Claim Fails as a Matter of Law.
1. Tesla Had No Duty to Warn.
2. Tesla Provided Extensive Warnings.
3. The Asserted Failure to Warn Didn’t Cause the Crash.
D. Tesla Is Entitled to a New Trial If the Record Cannot Sustain the Verdict as to Any Theory on Which the Jury Was Instructed.
II. Highly Prejudicial Evidentiary Errors Warrant a New Trial on All Issues.
A. The Improper Admission of Data-Related Evidence Prejudiced Tesla.
B. The Improper Admission of Elon Musk’s Statements Prejudiced Tesla.
C. The Improper Admission of Dissimilar Accidents Prejudiced Tesla.
III. This Court Should Grant Tesla Judgment as a Matter of Law on Punitive Damages or at Least Significantly Reduce Punitive Damages.
A. Florida Law Prohibits the Imposition of Any Punitive Damages in This Case.
B. Florida Law Caps Punitive Damages at Three Times the Compensatory Damages Actually Awarded Against Tesla.
C. The Due Process Clause Limits Punitive Damages Here to No More Than the Net Award of Compensatory Damages.
1. Tesla’s Conduct Was Not Reprehensible.
2. A Substantial Disparity Exists Between the $200 Million Award of Punitive Damages and the $42.3 Million Award of Compensatory Damages.
3. Comparable Civil Penalties Do Not Justify the Punitive-Damages Award.
IV. This Court Should Reduce the Grossly Excessive Award of Compensatory Damages to No More Than $69 Million.
In short, Tesla blames the driver (who was found 67% liable) fully for the crash, says that the Model S and its Autopilot system were state-of-the-art and not defective because “no car in the world at the time” could have avoided the accident, that it provided proper warnings even though it didn’t need to, that evidence was improperly admitted to prejudice the jury against Tesla, and that the punitive damages are excessive.
After looking through the document, Tesla’s main contention seems to be with the admission of various evidence that it says prejudiced the jury against Tesla.
Indeed, the only exhibit attached to the filing is a transcript of a podcast episode where one of plaintiffs’ experts talks about evidence that Tesla withheld data, which Tesla says should have been inadmissible and prejudiced the jury against it.
Tesla says that the only reason these arguments were brought into court was to make the jury feel like there was a coverup, even though Tesla claims that there was no coverup. By repeatedly mentioning this, Tesla says the jury had a more negative view of the company than was fair.
It also says that Tesla CEO Elon Musk’s statements about Autopilot shouldn’t have been admissible, and that they prejudiced the jury against Tesla. Tesla says that the statements by Musk shown at the trial were irrelevant to plaintiffs’ case, exceeded the limits the court had set on which statements would be admissible, and that the admission of these statements “would disincentivize companies from making visionary projections about anticipated technological breakthroughs.”
Update: After this story was published, plaintiffs’ attorneys reached out with their own statement
“This motion is the latest example of Tesla and Musk’s complete disregard for the human cost of their defective technology. The jury heard all the facts and came to the right conclusion that this was a case of shared responsibility, but that does not discount the integral role Autopilot and the company’s misrepresentations of its capabilities played in the crash that killed Naibel and permanently injured Dillon. We are confident the court will uphold this verdict, which serves not as an indictment of the autonomous vehicle industry, but of Tesla’s reckless and unsafe development and deployment of its Autopilot system.”
–Brett Schreiber of Singleton Schreiber, lead trial counsel for plaintiffs Dillon Angulo & Naibel Benavides.
Electrek’s Take
Reading through the filing is persuasive at first, but remember that this is only one side of the story – and Tesla is well-known for never budging an inch in legal or reputational matters. (Update: for a quick reaction from “the other side,” see the statement by plaintiffs’ attorneys directly above).
Thinking a little deeper, the filing does rely on a similar “puffery” argument which Tesla has used before. The idea here is that Musk’s statements should be ignored because he, as the CEO of the company, has an incentive (and well-known tendency) to overstate the capabilities of its vehicles.
Lawyers did not use that exact word here, but they do claim that Musk’s statements are “forward-looking” and “visionary.”
But, for a guy who talks so much that he wasted $44 billion on a $12 billion social media site (twice) so that he could force his words in front of every user every day, denying that his words have an effect is a strange legal argument.
Indeed, Tesla has a history of not doing paid advertisements in traditional media, and has relied on Musk, and specifically Musk’s twitter account, to be the company’s impromptu communications platform. Musk even closed the company’s PR department, instead taking on the full burden of that himself.
So to argue that Musk’s statements shouldn’t be admissible, or that they didn’t set the tone for the organization, is more than a little silly.
While Tesla and Musk did state many times that Autopilot was not full self-driving (although, neither was the feature they marketed under the name, ahem, “Full Self-Driving”), the balance of Musk’s statements describing Tesla’s features definitely could have led a driver to think that the vehicles were more capable than any other vehicle on the road.
This is why it’s strange that Tesla also argues that “no other car” could have stopped in the situation of the crash. If your company is constantly claiming that you have the best, safest, most autonomy-enabled vehicle in the world (including in this filing, where it is referred to as “state of the art”), then who cares whether other cars could have done it or not? We’re talking about your car, not anything else.
Further, Tesla said that admitting these statements will put a chilling effect on every corporation’s ability to project anticipated breakthroughs in tech. To this I say, frankly: good. Enough with the nonsense, lets focus on reality, and lets stop excusing lies as corporate puffery, across all industries.
But this is an example of Tesla trying to have it both ways, to pretend that Musk’s statements are just puffery but also that they are important to breakthroughs and that silencing Musk would harm the company. Yes, it probably would harm Tesla’s outreach – because Musk’s statements are roughly the only source of Tesla’s advertising, which is why they ought to be heard to establish what the public thinks about the capabilities of Teslas.
And while Tesla says that cases like these would “chill” development of safety features if manufacturers are punished for bringing them to market, the punishment here isn’t for bringing the feature to market, it’s for overselling the feature in a way that set public expectations too high. Other features have not received this sort of scrutiny because other features don’t get pumped up daily with ridiculous overstatements by the company’s sole source of advertising.
On the other points, I’m not a lawyer. I’m not up to date on the specific limits to punitive damages in Florida. But on the surface, it seems fair to me that if a company was found to withhold data in an important case, after declining a settlement, that some level of significant punishment is fair.
After all, withholding data in a single non-fatal crash that wasn’t even their fault is what led Cruise to shut down operations everywhere. That may have been an overreaction and would certainly be an overreaction in this case with Tesla, given the driver’s responsibility for the crash. But in this case, the damage done to people (a death) was greater, and the damages Tesla is being told to pay ($243 million) will not lead to a shutdown of the entire company. Especially considering this is the same company that just managed to find tens of billions of dollars to give to a bad CEO.
The 30% federal solar tax credit is ending this year. If you’ve ever considered going solar, now’s the time to act. To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. It has hundreds of pre-vetted solar installers competing for your business, ensuring you get high-quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use, and you won’t get sales calls until you select an installer and share your phone number with them.
Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.
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