In the court documents, obtained by PEOPLE, the actor’s father – who is the executor of Walker’s estate – alleges that the Porsche Carrera GT lacked certain safety features that could have saved the lives of Walker and his friend, Roger Rodas, who was driving at the time of the accident.
Similar to the wrongful death lawsuit Walker’s daughter Meadow brought against the car company, Walker’s father states that the missing features include a stability control system, side-door reinforcements and a breakaway fuel line that could have stopped the car from catching on fire after it hit three trees.
After investigating, police determined the cause of the fatal accident to be speeding, stating that the driver had been going between 80 and 90 MPH at the time of impact. Despite the official investigation, the new lawsuit states, “absent these defects in the Porsche Carrera GT, Paul Walker would be alive today.”
“Mr. Walker knowingly and voluntarily assumed all risk, perils and danger in respect to the use of the subject 2005 Carerra GT,” Porsche stated. “That the perils, risk and dangers were open and obvious and known to him and that he chose to conduct himself in a manner as to expose himself to such perils, dangers and risks, thus assuming all the risks involved in using the vehicle.”
Their statement continued, “Mr. Walker’s voluntary assumption of the risk should bar the plaintiff’s recovery or, in the alternative, should reduce the plaintiff’s right to recovery from the PCNA in an amount equivalent to Mr.Walker’s fault.”