driver who killed bicyclist is suing dead kid's parents

TrampLineman

Hall of Fame
Jul 21, 2010
7,287
6
57
Alabama
Re: driver who killed bicyclist is sueing dead kid's parents

I think if I read that right it is basically a countersuit because the parents are suing her $900,000 I think. I might have that backwards though.
 

DzynKingRTR

TideFans Legend
Dec 17, 2003
42,425
29,759
287
Vinings, ga., usa
Re: driver who killed bicyclist is sueing dead kid's parents

I think if I read that right it is basically a countersuit because the parents are suing her $900,000 I think. I might have that backwards though.
so do you think she is justified in suing?

this person admittedly was speeding, hit 3 people from behind killing one of them and she is suing because she feels bad that she killed someone? This is just another pointless lawsuit and this scum is trying to make a buck. I am not sure who is worse here. This "lady" or the scumbag lawyer who took her case. I am pretty damn sure the family of the dead teenager feel a whole lot worse than her.
 

danb

All-SEC
Dec 4, 2011
1,088
6
0
Hazel Green, AL
Re: driver who killed bicyclist is sueing dead kid's parents

I think if I read that right it is basically a countersuit because the parents are suing her $900,000 I think. I might have that backwards though.

That's what it looked like to me. Irregardless, it takes some serious stones to sue a family in which you killed their son, claiming to suffer emotional distress. Another frivolous lawsuit to plug up the judicial system.......
 

DzynKingRTR

TideFans Legend
Dec 17, 2003
42,425
29,759
287
Vinings, ga., usa
Re: driver who killed bicyclist is sueing dead kid's parents

That's what it looked like to me. Irregardless, it takes some serious stones to sue a family in which you killed their son, claiming to suffer emotional distress. Another frivolous lawsuit to plug up the judicial system.......
it is in Canada so at least it is not our judicial system.
 

Bama Reb

Suspended
Nov 2, 2005
14,446
0
0
On the lake and in the woods, AL
Re: driver who killed bicyclist is sueing dead kid's parents

I understand how the driver feels. Let me explain:

I hit a bicyclist with my car while I was driving in Deland, FL about 5 years ago. Fortunately for the bicyclist, I saw him riding on the side of the road and was right behind him so I was only driving about 5 mph. I was doing everything within my power to avoid the cyclist but he turned his wheel left and rode his bicycle into the left front fender of my car.
Fortunately for me, there was an off-duty police officer in the car directly behind me and saw what happened and no charges were brought against me. The boy lived right across the street so his parents came to the scene. I told them I was very glad he wasn't badly hurt but that his bicycle caused damage to my car, and while he was falling down he grabbed and broke the radio antenna off of my car. I did ask them to pay for having my car fixed but they refused. Geez.. folks in Florida.
Believe it or not, there are "incompetent" bicyclists that travel our roadways and the accidents they might have with motor vehicles, and possibly even their injuries or death, can be their own fault.
 

Tide1986

Suspended
Nov 22, 2008
15,670
2
0
Birmingham, AL
Re: driver who killed bicyclist is sueing dead kid's parents

Bicyclist on heavily trafficked roads or riding in the middle of the night on any road = Darwin Award
 

PacadermaTideUs

All-American
Dec 10, 2009
4,072
289
107
Navarre, FL
Re: driver who killed bicyclist is sueing dead kid's parents

Believe it or not, there are "incompetent" bicyclists that travel our roadways and the accidents they might have with motor vehicles, and possibly even their injuries or death, can be their own fault.
Yeah, no doubt. But a million dollar fault due to the driver who killed the cyclist from the parents of the cyclist? This is a counter-suit, and I suspect that it would have never been filed had the family not sued the driver for $900K. According to a statement issued by the driver's attorney, a law enforcement investigation concluded that there was nothing she could have done differently to avoid hitting the kids. Granted, that's a biased source, but it would seem to be confirmed by the fact that no charges were ever brought against her.

In my mind, both lawsuits are egregious. Unfortunate situation, but sometimes there's no appropriate person to flog.

A few years ago, I got a call at work from my frantic wife saying my stepson had been hit by a car and was on his way to the hospital by ambulance. He had some bruises and abrasions, so it turned out not to be a huge deal.

During the course of finding out what happened, it turned out that Dillon had walked into a moving car while crossing traffic. He had darted between stopped cars at a stoplight and blindly run into the turn lane that had a green signal. If he'd been a split second faster, the mustang that he ran into would have caught him head-on and he would have had much more serious injuries (or not be here today). As it turns out, he ran into the right front quarter panel and was knocked to the ground. The driver's passenger side mirror war knocked off and there were some scrapes on the quarter-panel.

Now, neither one of us sued the other. After all, this was a case of my stepson at fault, crossing moving traffic outside of a crosswalk without a green crossing signal. But I guarantee that had we sued the driver for pain and suffering, he would have counter-sued for damages to his mustang. And he would have been right to do so since what happened to his car happened through no fault of his own, but rather through the fault of our minor child. But if he'd sued us for a million? That would be totally out of line.

No difference between our situation and the one described in the story other than the degree of injury and in one case the injured was on a bike and in the other, he was on foot.
 

selmaborntidefan

TideFans Legend
Mar 31, 2000
36,432
29,736
287
54
Re: driver who killed bicyclist is sueing dead kid's parents

It will be dismissed upon motion. Tempest in a teapot...
But it won't stop the media (in this case Fox News) from a little righteous indignation

("Hey, let's create a story where one doesn't really exist!!")
 

TIDE-HSV

Senior Administrator
Staff member
Oct 13, 1999
84,626
39,856
437
Huntsville, AL,USA
Re: driver who killed bicyclist is sueing dead kid's parents

But it won't stop the media (in this case Fox News) from a little righteous indignation

("Hey, let's create a story where one doesn't really exist!!")
Yep. Take advantage of every crisis, and, if there isn't one, then make one up. This one sounds like young lawyer who took the expression "the best defense is a good offense" a little too seriously. We honestly don't know the facts. There will undoubtedly be a claim of contributory negligence made in defense of the driver. (The onus is on her, because the starting point is that a driver is supposed to be in control of her/his automobile, at all times. The various states (not to mention Canadian provinces) treat contributory negligence differently - all the way from negating the claim and nullifying the complaint to allowing the jury to allocate blame between the parties. There's that, not to mention that we know nothing about weather, visibility, road conditions, etc. All that's important. (And hard to judge from afar, except for shock value.)
 

gmart74

Hall of Fame
Oct 9, 2005
12,344
2
57
Baltimore, Md
Re: driver who killed bicyclist is sueing dead kid's parents

group of teens riding their bikes on a road that was posted 50mph? slow moving 12lb objects with 150lb morons, should not ever mix with 1 ton vehicles traveling 50mph. get off the damn road.
 

Relayer

Hall of Fame
Mar 25, 2001
7,096
1,294
287
Re: driver who killed bicyclist is sueing dead kid's parents

group of teens riding their bikes on a road that was posted 50mph? slow moving 12lb objects with 150lb morons, should not ever mix with 1 ton vehicles traveling 50mph. get off the damn road.
Head out on a bike ride down a country road at 1:30 a.m. on a dark, drizzly night? I know my mom would have said "No!"
 

Bama Reb

Suspended
Nov 2, 2005
14,446
0
0
On the lake and in the woods, AL
Re: driver who killed bicyclist is sueing dead kid's parents

Head out on a bike ride down a country road at 1:30 a.m. on a dark, drizzly night? I know my mom would have said "No!"
Depending on the temperature and the terrain, patches of fog can appear that can greatly obscure the roadway and everything on it. When drivers meet other oncoming vehicles, they're lucky if they don't run off the side of the road.
Yep. Riding a bicycle on those roads in the middle of the night is a great idea. What's the worst that can happen?
 

chanson78

All-American
Nov 1, 2005
2,926
1,795
187
47
Huntsville, AL
Re: driver who killed bicyclist is sueing dead kid's parents

But it won't stop the media (in this case Fox News) from a little righteous indignation

("Hey, let's create a story where one doesn't really exist!!")
Its amazing it took Fox News this long to finally hop onto the righteous indignation bandwagon. The other networks have been killing them without it. Maybe they will finally get some people to start watching now that they have stooped to their level.
 

TrampLineman

Hall of Fame
Jul 21, 2010
7,287
6
57
Alabama
Re: driver who killed bicyclist is sueing dead kid's parents

so do you think she is justified in suing?

this person admittedly was speeding, hit 3 people from behind killing one of them and she is suing because she feels bad that she killed someone? This is just another pointless lawsuit and this scum is trying to make a buck. I am not sure who is worse here. This "lady" or the scumbag lawyer who took her case. I am pretty damn sure the family of the dead teenager feel a whole lot worse than her.
Did I say she was justified? I was simply pointing that out.
 

TrampLineman

Hall of Fame
Jul 21, 2010
7,287
6
57
Alabama
Re: driver who killed bicyclist is sueing dead kid's parents

group of teens riding their bikes on a road that was posted 50mph? slow moving 12lb objects with 150lb morons, should not ever mix with 1 ton vehicles traveling 50mph. get off the damn road.
Yep stupidity all around IMHO. First the kids for being on that road then her for speeding. Sadly the one mistake caused a ton of mayhem on both sides.
 

Latest threads

TideFans.shop - NEW Stuff!

TideFans.shop - Get YOUR Bama Gear HERE!”></a>
<br />

<!--/ END TideFans.shop & item link \-->
<p style= Purchases made through our TideFans.shop and Amazon.com links may result in a commission being paid to TideFans.