Teen in speeding car sues driver who was hit

Discussion in 'Politics, Religion, Social Issues' started by Wotan31, Aug 3, 2009.

  1. Wotan31 macrumors 6502

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    #1
    http://www.salemnews.com/punews/local_story_212205251.html

    If I was the woman in the minivan who got hit, and then sued by the kids who were racing, I'd hire someone to make sure those kids "died of their injuries". :eek:
     
  2. bruinsrme macrumors 601

    bruinsrme

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    Oct 26, 2008
    #2
    yep I am sure the jack ass father will sue the insurance company of the innocent driver that got hit, the passenger of the minivan, the passenger ofthe minivan, the town for not adequately posting speed limit signs, if a state road then the state.
    the prick lawyer can actually open a case then try to put a lein on their home and assets.
    Oh yeah it will get real ugly for the people that were in the minivan.
     
  3. killerrobot macrumors 68020

    killerrobot

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    #3
    It makes sense to sue the driver of the Mustang, but the lady in the mini-van that got hit is just ridiculous.

    This is why I strongly dislike most lawyers.

     
  4. Osarkon macrumors 68020

    Osarkon

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    #4
    Surely there's no possible way they could win that. Suing the person who got hit? Seriously?

    :confused:
     
  5. kavika411 macrumors 6502a

    kavika411

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    #5
    Just a couple of thoughts on how/why this happens. Not justifying - just explaining.

    First, the passenger who is suing must name all known possible defendants in a lawsuit. Assuming the information that comes in about speeds, investigations, etc., indicates the mini-van driver had no fault, then he'll likely dismiss her from the lawsuit. That is common. The problem arises if you don't name someone as a defendant and later it is revealed that she played some role in it but you've missed the statute of limitations. That's legal malpractice.

    Second, some states have what is called a "guest passenger statute." In short, a guest passenger statute states that the passenger cannot sue his own driver. Therefore, he must look for other defendants.

    Third, it is generally accepted that a passenger cannot be negligent. (The idea is that a passenger just sitting there cannot be said to contribute to an accident.) Therefore, there is actually a chance that the driver of the mini-van was "more negligent" than the passenger who is suing, even if the mini-van driver was only 1% negligent. (For example, it could be argued that she failed to avoid the accident even though she had time to. Called "last clear chance" doctrine.) Depending on what state you are in, you may be able to recover.

    I have a case right now where a drunk girlfriend is in the car with her driver boyfriend. He's on the interstate when she begins screaming "we're both going to die tonight" and keeps grabbing the steering wheel and pulling him off the road. He comes to a stop on the shoulder of the road and she jumps out. He pleads with her to get back in the car buy she runs across the interstate. He again pleads with her. She starts walking back across the interstate and is killed by another driver. Her estate has sued that other driver, her boyfriend and some other entities. My point is that good, bad, right or wrong, these lawsuits happen all.the.time.
     
  6. Rodimus Prime macrumors G4

    Rodimus Prime

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    Oct 9, 2006
    #6
    To me this screams what is wrong with out legal system. It should be the driver of the mustang 100% liable.
    I personally feel if I was the driver of the minivan I should have no LEGAL obligation to avoid the wreck. It is not that drivers job to move out of the way. Now it is good practice to try to avoid the wreck and I would try to just to save my own ass from it.

    This is just as stupid as a friend's of mine parents who got sued after he was in a wreck. The law suit was suing his parents for "negligent in letting him drive". Now his driving record was spot clean at the time, he was 20, 21 years old and had a DL since he was 16 with nothing against him.

    Yes the wreck was his fault but still it was a stupid law suit.

    I hope this get thrown out of court.
     
  7. Signal-11 macrumors 65816

    Signal-11

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    #7
    20 minutes before you posted, a lawyer posted why this kind of thing happens. Did you read it?

    This kind of thing is not indicative of a great problem. It's a side affect of any system of complex system of laws.

    By and large, we live in a society that exists by and due to the rule of law. You ever spend much time where this isn't true? The result isn't pretty.

    These asinine things happen because of asinine people, not because of a fundamental flaw in the system itself.
     
  8. Rodimus Prime macrumors G4

    Rodimus Prime

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    #8
    I read why but still it shows many things wrong with the legal system. The poor guy going to have to pay for a lawyer or deal with the increase.

    Just people today are WAY WAY to sue happy.
     
  9. Signal-11 macrumors 65816

    Signal-11

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    #9
    There's nothing inherently wrong with the legal system. There's something inherently wrong with the people who abuse it.
     
  10. Rodimus Prime macrumors G4

    Rodimus Prime

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    #10
    that I can agree with. I hate to say it but we almost need laws in place to protect people again jack ass like that.

    Something along the lines of if the case is ruled to be random law suit that should be thrown out (aka here) the platif should pay all legal fees of the defendant. At least that way it would kill off the huge number of stupid law suits.

    For example like the guy who sued the Dry cleaners for losing his pants and the huge legal fees that happen because of it.
     
  11. Gelfin macrumors 68020

    Gelfin

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    #11
    There are such laws. See "malicious prosecution," "frivolous suits," "abuse of process" and "vexatious litigation" for a few examples.

    The problem is, if you're trying to invoke them, you're intentionally flipping the burden of proof. In many cases you cannot prove your accuser is misusing the court system against you without taking on the burden of proving your own innocence. Even you're willing to shoulder that burden, what you'd be trying to thereby prove is all based on your accuser's intent and state of mind, which as we have discussed in another thread, is much harder to prove.
     
  12. killerrobot macrumors 68020

    killerrobot

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    #12
    Thanks for explaining the law some.

    However, it seems it would take a veteran stunt driver or superhero to avoid a speeding 81 mph car that jumps into your lane head on.
     
  13. Shivetya macrumors 65816

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    Jan 16, 2008
    #13
    I am waiting for them to sue Ford for making a car a new driver can lose control of while racing :p

    Loser pays would be nice to add to the list.
     
  14. CHAOS STEP macrumors 6502

    CHAOS STEP

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    #14
    The passenger still has to prove negligence on the part of the oncoming driver.

    The problem is, running a defence for a large claim costs a lot of money, so some contribution might be the most economic settlement.

    Furthermore, we don't know the facts, regarding the driving of the driver of the oncoming vehicle, so there may be an argument that they be found on the balance partially liable.

    That said the passenger's driver's insurer could simply plan to just deal with it - they may not even believe that there is any blame that rests with the other driver.
     
  15. Zombie Acorn macrumors 65816

    Zombie Acorn

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    #15
    Where was the other car that was racing them? I don't know why this sticks out in the story to me, but it seems that they are calling this "drag racing" simply because he was going 81 mph.
     
  16. Counterfit macrumors G3

    Counterfit

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    #16
    The other car probably got away. Looking at the street on Google, it seems like it would be popular for street racers, and locals seem to agree (I'm not really sure how much to trust that source though.)
     
  17. opinioncircle macrumors 6502a

    opinioncircle

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    #17
    Story reminds me of the douche that is Hulk's son when he got into some race with a friend of his, and left his "friend" in a vegetative state, while he got out with a slap on the wrist and never visited his "friend"...
     
  18. MacBoobsPro macrumors 603

    MacBoobsPro

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    #18
    I'd sue the car manufacturer for building a crashable car and don't get me started on the tarmac company.
     

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