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Driver Sues Victim's Parents After Fatal Accident  
User currently offlineTheCommodore From Australia, joined Dec 2007, 2716 posts, RR: 8
Posted (3 years 8 months 1 week 3 days 14 hours ago) and read 2634 times:

This is pure madness.

Again, it seems like its only possible in the US.

The crazy thing is, that at the speed the boy was hit, it wouldn't have mattered if he was wearing body armor, he would have been killed instantly. At 83 MPH that is 133 Km/h, he would have been mince meat.  

Read on.

Its an astonishing story, and ludicrous that it could even reach court, but that's the US justice system for you !   

http://www.smh.com.au/world/driver-s...fatal-accident-20101115-17u5b.html

[Edited 2010-11-15 00:21:52]


Flown 905,468 kms or 2.356 times to the moon, 1296 hrs, Longest flight 10,524 kms
24 replies: All unread, jump to last
 
User currently offlinefrancoflier From France, joined Oct 2001, 3733 posts, RR: 11
Reply 1, posted (3 years 8 months 1 week 3 days 12 hours ago) and read 2566 times:

It is rather disgusting.

I'm not sure the US justice system is directly to blame here, rather that mentality that dictates everyone to go to court for anything, somehow.
Too many lawyers looking for cases, if you ask me. They're desperate.



Looks like I picked the wrong week to quit posting...
User currently offlineMudboy From United States of America, joined Jan 2006, 1167 posts, RR: 5
Reply 2, posted (3 years 8 months 1 week 3 days 10 hours ago) and read 2488 times:

This would be one of the many reasons Lawyers are thought of as bottom feeders, in the USA. Let's just see how far we can stretch that constitution, so you can get your lottery check?

User currently offlineBlueFlyer From United States of America, joined Jan 2006, 3917 posts, RR: 2
Reply 3, posted (3 years 8 months 1 week 3 days 4 hours ago) and read 2341 times:
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I agree it is a ludicrous story, but I think the parents had it coming and don't deserve all that much sympathy anyway (other than for their loss, that is).
They sued first! They waited for him to be convicted then they sued him, and they're also attempting to sue the DMV. Their lawsuit against the DMV may have some merit, but what is the point of suing the guy when he is in jail and broke already?

And now that they're being sued, they want to take the moral high ground and demand that they be left alone?!?

Didn't their lawyer tell them that a favorite defense in a lawsuit is a counter suit? I'm not saying they had it coming, but they should have known it could happen. Or maybe their lawyer forgot to tell them and they should sue him for malpractice.

Oh, and there's no lawyer involved on the side of the convicted driver in this particular suit, as the article very clearly spells out (seriously, go read it, from top to bottom, you'll see). I'm neither a lawyer nor related to one, but can we keep the unrelated cheap shots out of the way, or am I, as usual, too optimistic here?

[Edited 2010-11-15 10:54:37]


I've got $h*t to do
User currently offlineiairallie From , joined Dec 1969, posts, RR:
Reply 4, posted (3 years 8 months 1 week 3 days 3 hours ago) and read 2266 times:

Taken on it's face it seems like they could be contributorily negligent. Although I agree with the person that commented at that speed a helmet wouldn't have made a difference (my brother was killed when he was hit by a car traveling at a much slower speed while riding his bike) . The driver can try to make the argument that it would have. However, I think it is a loser case he's have to have some powerfully convincing argument to overcome the overwhelming natural bias any jury is going to have for the victim's family.

User currently offlinecasinterest From United States of America, joined Feb 2005, 4460 posts, RR: 2
Reply 5, posted (3 years 8 months 1 week 3 days 3 hours ago) and read 2262 times:

Quoting BlueFlyer (Reply 3):
Oh, and there's no lawyer involved on the side of the convicted driver in this particular suit, as the article very clearly spells out (seriously, go read it, from top to bottom, you'll see). I'm neither a lawyer nor related to one, but can we keep the unrelated cheap shots out of the way, or am I, as usual, too optimistic here?

Double this since it seems the previous two posters mudboy and francollier were a bit to easy to jump in and blame the lawyers without reading the article.

The driver can bring a lawsuit. Anyone can. The judge will probably throw it out though.



Older than I just was ,and younger than I will soo be.
User currently offlineDocLightning From United States of America, joined Nov 2005, 19371 posts, RR: 58
Reply 6, posted (3 years 8 months 1 week 2 days 23 hours ago) and read 2139 times:

Quoting iairallie (Reply 4):
Taken on it's face it seems like they could be contributorily negligent

I would argue that they were probably negligent in allowing him to ride without a helmet. However, from the accident as described, I think it will be hard to prove that said negligence CONTRIBUTED to the death.

As the OP says, the kid could have been one of those "sumo wrestler" padded suits and still been killed by the impact.


User currently offlinephatfarmlines From United States of America, joined Sep 2001, 1345 posts, RR: 1
Reply 7, posted (3 years 8 months 1 week 2 days 21 hours ago) and read 2045 times:

Quoting BlueFlyer (Reply 3):
but I think the parents had it coming and don't deserve all that much sympathy anyway (other than for their loss, that is).

This case will get thrown out- nobody can physically survive an 83 mph direct hit, with or without a helmet.


User currently offlineDocLightning From United States of America, joined Nov 2005, 19371 posts, RR: 58
Reply 8, posted (3 years 8 months 1 week 2 days 21 hours ago) and read 2037 times:

But, let this be a lesson for those of you who have kids of bike-riding age. YOUR KIDS NEED TO BE WEARING HELMETS.

I have seen children die of injuries that could have been prevented with a helmet.

the rule is simple: "If I ever catch you on a bike/skateboard/rollerblades without a helmet, you will lose your bike/skateboard/rollerblades for two months."


User currently offlineZentraedi From Japan, joined Jun 2007, 660 posts, RR: 0
Reply 9, posted (3 years 8 months 1 week 2 days 20 hours ago) and read 2024 times:

Quoting TheCommodore (Thread starter):

This is pure madness.

Again, it seems like its only possible in the US.

 

Yeah... only the in US...

http://www.autoblog.com/2008/01/29/w...cyclist-sues-victims-family-for-d/

Like when that Spanish driver sued the victim's family €20,000 in damages to his Audi A8?

Wait, that wasn't in the US.


User currently offlineTheCommodore From Australia, joined Dec 2007, 2716 posts, RR: 8
Reply 10, posted (3 years 8 months 1 week 2 days 19 hours ago) and read 2006 times:

Quoting Zentraedi (Reply 9):
Like when that Spanish driver sued the victim's family €20,000 in damages to his Audi A8?

Compare apples with apples please.

Did this guy have such an extensive bad driving history like the one in the opening article. No he did not. IMHO that makes a huge difference.

But, I agree, the Spanish law is also strange and complex if this can happen to the victims family !



Flown 905,468 kms or 2.356 times to the moon, 1296 hrs, Longest flight 10,524 kms
User currently offlineAesma From France, joined Nov 2009, 6515 posts, RR: 9
Reply 11, posted (3 years 8 months 1 week 2 days 14 hours ago) and read 1924 times:

He had an history of drunk driving but was not accused of that there, so I guess he wasn't drunk ? As for the speed, can it be proved ? He says he was at the limit.

I'm not defending the guy but from what information we have from the article, the case in not that straightforward.

About the fact that he sued the family and that they're distressed by that, I agree with BlueFlyer, the family itself is suing everybody and their mother.



New Technology is the name we give to stuff that doesn't work yet. Douglas Adams
User currently offlineCXB77L From Australia, joined Feb 2009, 2596 posts, RR: 5
Reply 12, posted (3 years 8 months 1 week 2 days 13 hours ago) and read 1909 times:
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Quoting Zentraedi (Reply 9):
Like when that Spanish driver sued the victim's family €20,000 in damages to his Audi A8?

I think in some instances it's justified, especially when the driver isn't at fault. Pedestrians and cyclists can be negligent too. I see it almost every day - pedestrians, especially school children, cross the road without any regard for their own safety. There might be a time, even at the school zone speed limit of 40km/h, when I can't slam on the brakes fast enough, and hit them. Then I'll sue them for the damage to my car.

Having said that, in both instances - the US driver and the Spanish driver were both speeding. They are, therefore, at least partially to blame - a very big part, especially if you're driving at almost double the speed limit. If I was the judge I'd probably throw this case out as well - if there was any contributory negligence on the part of the victim, it is, on the balance of probabilities, less than one percent.



Boeing 777 fanboy
User currently offlineEA CO AS From United States of America, joined Nov 2001, 13507 posts, RR: 62
Reply 13, posted (3 years 8 months 1 week 2 days 12 hours ago) and read 1897 times:
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Quoting TheCommodore (Thread starter):
This is pure madness.

Again, it seems like its only possible in the US.


The suit will get tossed, but there's nothing to prevent it from being brought - you can file a lawsuit for anything.

And what's with your preoccupation with things you find abhorrent or distasteful in the United States?

[Edited 2010-11-16 02:25:27]


"In this present crisis, government is not the solution to our problem - government IS the problem." - Ronald Reagan
User currently offlineTheCommodore From Australia, joined Dec 2007, 2716 posts, RR: 8
Reply 14, posted (3 years 8 months 1 week 2 days 12 hours ago) and read 1886 times:

Quoting EA CO AS (Reply 13):
The suit will get tossed,

Really? not according to some of the responses here.

Quoting EA CO AS (Reply 13):
you can file a lawsuit for anything.

That's ridiculous, and a waste of resources as well as time.

Quoting EA CO AS (Reply 13):
And what's with your preoccupation with things you find abhorrent or distasteful in the United States?

Nothing really, just trying to work out what make you all tick over there.

Glad you edited you original post. before I replied.   



Flown 905,468 kms or 2.356 times to the moon, 1296 hrs, Longest flight 10,524 kms
User currently offlineMudboy From United States of America, joined Jan 2006, 1167 posts, RR: 5
Reply 15, posted (3 years 8 months 1 week 2 days 10 hours ago) and read 1852 times:

Quoting casinterest (Reply 5):
Double this since it seems the previous two posters mudboy and francollier were a bit to easy to jump in and blame the lawyers without reading the article.

And which part of what I said is false? Sorry, but the truth is that if there is any chance of getting a check, a lawyer is going to push for it, that is the way it is in the US now.


User currently offlinecasinterest From United States of America, joined Feb 2005, 4460 posts, RR: 2
Reply 16, posted (3 years 8 months 1 week 2 days 7 hours ago) and read 1810 times:

Quoting Mudboy (Reply 15):
And which part of what I said is false

I never said it was false. I just said you are threadjacking blaming lawyers, when the lawsuit was raised by an individual who may or may not hire representation by a lawyer.



Older than I just was ,and younger than I will soo be.
User currently offlineMudboy From United States of America, joined Jan 2006, 1167 posts, RR: 5
Reply 17, posted (3 years 8 months 1 week 2 days 5 hours ago) and read 1779 times:

Quoting casinterest (Reply 16):
I just said you are threadjacking blaming lawyers, when the lawsuit was raised by an individual who may or may not hire representation by a lawyer.

Why would he not hire a Lawyer, and do you really think there is not one that would take his case? Just being honest! It is a sad situation all the way around!


User currently offlinecasinterest From United States of America, joined Feb 2005, 4460 posts, RR: 2
Reply 18, posted (3 years 8 months 1 week 2 days 3 hours ago) and read 1741 times:

Quoting Mudboy (Reply 17):
Why would he not hire a Lawyer, and do you really think there is not one that would take his case? Just being honest!

He is in jail and may not have the funds for one. From the article his suit is a handwritten one.

"Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence"


However if there is a decent chance of money to be made, i am sure that a lawyer will arrive. Just remember Lawyers aren't the reason for lawsuits. Citizens are. Lawyers just happen to make a killing on fees to unravel the complicated mess that we all call law.

Quoting Mudboy (Reply 17):
It is a sad situation all the way around!

I feel for the family, their loss must be tragic. the DMV in connecticut should have revoked this guy's license. However Alcohol was not the contributing factor. Recklessness on his part was, and a 13 year old out enjoying a bike ride paid a terrible price for it.



Older than I just was ,and younger than I will soo be.
User currently offlinegarnetpalmetto From United States of America, joined Oct 2003, 5358 posts, RR: 53
Reply 19, posted (3 years 8 months 1 week 2 days 1 hour ago) and read 1696 times:

Quoting casinterest (Reply 18):

He is in jail and may not have the funds for one. From the article his suit is a handwritten one.

"Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence"

Yup...having worked in criminal law, a handwritten suit from somebody in jail means a pro se party. All those who love to dogpile and bash those in the legal field are out of line on this one.

[Edited 2010-11-16 13:28:25]


South Carolina - too small to be its own country, too big to be a mental asylum.
User currently offlineDocLightning From United States of America, joined Nov 2005, 19371 posts, RR: 58
Reply 20, posted (3 years 8 months 1 week 1 day 21 hours ago) and read 1650 times:

Quoting Mudboy (Reply 17):

Why would he not hire a Lawyer, and do you really think there is not one that would take his case?

To answer the first part, because he can't afford one and to answer the second, because no lawyer in his right mind is going to take a guaranteed losing case pro bono.


User currently offlineTheCommodore From Australia, joined Dec 2007, 2716 posts, RR: 8
Reply 21, posted (3 years 8 months 1 week 1 day 20 hours ago) and read 1626 times:

Quoting DocLightning (Reply 20):
To answer the first part

Happy 5th Birthday Doc.


     



Flown 905,468 kms or 2.356 times to the moon, 1296 hrs, Longest flight 10,524 kms
User currently offlineNorthstarBoy From United States of America, joined Jun 2005, 1825 posts, RR: 0
Reply 22, posted (3 years 8 months 1 week 1 day 13 hours ago) and read 1590 times:
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To the parents of the boy i would say let it go. Winning 15,000 dollars in a lawsuit is not going to bring your son back, all it does is prolong the onset of the grief that will envelop you sooner or later. Then again, they don't want to admit that their perfect, academically and athletically gifted son was being an idiot that day. He chose not to wear a helmet as he probably knew he should have been. he was only going over to a friends, they were only going to be riding their bikes in the driveway,he probably figured he was okay not to wear a helmet. If he had done a backflip off the bike ramp that the driver claimed he saw and landed on his head, scrambling his brains, would they have sued his friend's parents for allowing the boys to have or use the bike ramp? The boy paid for the decision not to wear a helmet with his life. Rather than get angry at themselves or god forbid at their perfect son, they got mad at the system for allowing the guy to have a driver's license and at the guy who hit their son. They need to get angry at their son for not wearing his helmet to begin with and they need to get angry at themselves for not reinforcing the use of the helmet.

To be sure, the driver is not blameless, he behaved recklessly, he was driving too fast for conditions and failed to compensate for obstacles in the road, mainly two or more middle school aged boys using an assumably home made bike ramp off the end of a driveway, and hit one. He's paying a physical price through the loss of his individual freedom for many years and he will pay an emotional price for the rest of his life unless he's a psychopath, that's punishment enough. So just let it go. Like I said the 15,000 dollars they may win from this suit is not going to bring the boy back, nor is it going to lessen the long term grief they'll suffer as a result of this, it just prolongs the onset of it. They need to focus their energy on dealing with their own grief and the grief of their children at losing their brother, not engage in lawsuits, blame game playing, and name calling.

Just my 2 cents



Why are people so against low yields?! If lower yields means more people can travel abroad, i'm all for it
User currently offlinecasinterest From United States of America, joined Feb 2005, 4460 posts, RR: 2
Reply 23, posted (3 years 8 months 1 week 1 day 8 hours ago) and read 1565 times:

Quoting NorthstarBoy (Reply 22):
They need to get angry at their son for not wearing his helmet to begin with and they need to get angry at themselves for not reinforcing the use of the helmet.

Did you even read the article? Helmet would not have helped one bit.



Older than I just was ,and younger than I will soo be.
User currently offlineNorthstarBoy From United States of America, joined Jun 2005, 1825 posts, RR: 0
Reply 24, posted (3 years 8 months 1 week 1 day ago) and read 1526 times:
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Quoting casinterest (Reply 23):
Did you even read the article? Helmet would not have helped one bit.

Actually, I did read the article. The helmet may not have saved the boy, but, it would have given the parents the moral high ground by allowing them to say "We did everything we were supposed to do, we made sure our son took all the appropriate safety precautions." The parents IMO are lashing out at everyone and everything because they don't want to admit that their son didn't exercise good judgment. Regardless of whether it would have saved his life, the kid should have been wearing the helmet.



Why are people so against low yields?! If lower yields means more people can travel abroad, i'm all for it
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