If you read the DA's report I think you have to agree with the decision not to prosecute. This is supported by the witness statement by the driver following the deputy that he did not see the bicycle rider before the crash. I think this is a slam dunk civil case though. The only wildcard in the civil case will be how much responsibility will the jury assign to Milton Olin for his choice not to show high visibility colors.

While I think police agencies get to much leeway when criminal charges are possible that is not the case here. Would a ordinary citizen be prosecuted my guess is yes for several reasons.

1.) Ordinary citizens don't have the legal privilege of using electronic devices.

2.) Citizens probably would not have a GPS logger in their vehicle.

3.) Communications logs probably would not be available to support the citizens statement.

I have to agree you must invest in both. A good UX (especially on line Help) help to produce a good set of documentation; which in turn helps produce the next iteration of the UX.

Reading between the lines of the original question what does it say about your long term design / development process if you are having to "build on quicksand"? If the product is changing that quickly, what is the user experience like?

Your question is a little ambiguous. Are you looking to buy a data center of your own or are you renting rackspace?

If you are buying the Data Center
1.) Normal title , lien, Structural due diligence as for any RE purchase
2.) Is it on a flood plain
3.) Seismically active site?
4.) Serviced by multiple communication providers from multiple CO's
5.) Power available from two different substations.
6.) Physical security / susceptibility to civil unrest
7.) Physical access driveways, parking, loading docks, hallway widths elevators ramps
8.) Floor / raised floor design loads. I have seen more than one raised floor rippled by rolling overweight gear on it.
9.) On site power generation / fuel storage. Mech. condition, age, availability, reliability, repair-ability
10.) Sufficient Chiller Capacity
11.) Sufficient UPS / Power Conditioning
12.) Sufficient space both for current needs and growth for planned lifetime
13.) Sufficient office / command center space

Those should be adequate to get you started.

For rented rackspace
I would say you at least need to glance at items 2 through 11 above. Beyond that
1.) Per rack power limits
2.) Physical security
3.) If you are using "hands on" services it's skill set and response time.
4.) Whatever value add services you will be using.

  Sorry it is late and a long day and this is all I can think of.