Drunk-driver Suing Victims - WOW!

Discussion in 'News / Current Events' started by righteousdude2, Jan 17, 2012.

  1. righteousdude2

    righteousdude2
    Expand Collapse
    Well-Known Member

    Joined:
    Oct 14, 2007
    Messages:
    10,458
    Likes Received:
    136
  2. TC

    TC
    Expand Collapse
    Active Member

    Joined:
    May 7, 2003
    Messages:
    2,225
    Likes Received:
    10
    If the judge does not throw this frivolous lawsuit out, he should be disbarred along with the so-called sister lawyer.
     
  3. righteousdude2

    righteousdude2
    Expand Collapse
    Well-Known Member

    Joined:
    Oct 14, 2007
    Messages:
    10,458
    Likes Received:
    136
    I Totally Agree, but....

    ....it still amazes me that someone would have the guts to even consider this. They must be members of, or someway related to the Westboro Baptist Church :laugh:
     
  4. Salty

    Salty
    Expand Collapse
    20,000 Posts Club
    Moderator

    Joined:
    Apr 8, 2003
    Messages:
    22,076
    Likes Received:
    217
    In principal - I might side with the drunk driver. Not that he would be relieved all fault.

    Look at it this way - suppose he was not DWI and under the same circumstances, would the collision still have happened? That is the bottom legal question. If the first car did make an illegal lane change, especially at the intersection - then they must take responsibility for some of the blame.

    Please understand that I do not condone DWI.

    I will be keeping my eye on this case.

    Just my added thoughts

    Salty
    certified driving instructor
     
  5. targus

    targus
    Expand Collapse
    New Member

    Joined:
    Feb 10, 2008
    Messages:
    8,459
    Likes Received:
    0
    I believe that under civil law there exits the concept of contributory negligence where by fault is assigned between the two parties based on the degree of their negligence.

    Considering that this guy had multiple previous DUI's, drugs in his system at the time of the accident, was driving between 75 and 85 mph, and struck his victim in the rear...

    I really don't see that he has much of a leg to stand on.

    The pain and suffering that he is claims to be experiencing are the making of his own doing.
     
  6. freeatlast

    freeatlast
    Expand Collapse
    New Member

    Joined:
    Mar 1, 2004
    Messages:
    10,295
    Likes Received:
    0
    And why should anyone be surprised with this kind of logic? Where have we all seen this kind of logic before? :rolleyes:
     
    #6 freeatlast, Jan 18, 2012
    Last edited by a moderator: Jan 18, 2012
  7. preacher4truth

    preacher4truth
    Expand Collapse
    Banned

    Joined:
    Nov 18, 2010
    Messages:
    8,121
    Likes Received:
    0
    Utterly ridiculous judgment, if you can even call it judgment.

    The drunk was going 75-85 approaching behind a vehicle trying to turn, then they decided not to turn and happened to do so right in front of a drunk heading up behind and towards them, going 80, and he rear ends them because they switched lanes, killing them both.

    Rear end collisions are automatically the fault of the one who crashed into them in most states and he pleaded guilty to that charge.

    This judgment to side with the drunk is about as logical as being in a boat, and a drunk in the boat drills a hole in the bottom of the boat, telling others it's his right, and then suing the passengers because they drowned.

    Yeah, makes great logical sense, right?
     
    #7 preacher4truth, Jan 18, 2012
    Last edited by a moderator: Jan 18, 2012
  8. annsni

    annsni
    Expand Collapse
    Administrator
    Administrator

    Joined:
    May 30, 2006
    Messages:
    20,146
    Likes Received:
    365
    I'm not sure of the laws but in principle, the couple does hold some fault for not making sure the lane they were changing into was clear. You cannot just pull into any lane you feel like it! However I do think that most of the blame falls on the drunk and had he not been drunk and had he been traveling at a safe rate of speed, the accident would have been avoided.
     
  9. matt wade

    matt wade
    Expand Collapse
    Well-Known Member

    Joined:
    Jan 6, 2009
    Messages:
    6,156
    Likes Received:
    76
    Where's the judgement?
     
  10. InTheLight

    InTheLight
    Expand Collapse
    Well-Known Member

    Joined:
    Dec 17, 2010
    Messages:
    16,186
    Likes Received:
    611
    This is correct. The people that got hit by the car are (likely) partially at fault simply by the mere fact that they happened to be on the road at the time. I say this as a person that was once rear ended at a stop light. I was found to be 10% at fault because I happened to be there at the time and I should have been alert to the fact that someone was about to hit me and take steps to avoid the collision.
     
  11. freeatlast

    freeatlast
    Expand Collapse
    New Member

    Joined:
    Mar 1, 2004
    Messages:
    10,295
    Likes Received:
    0
    Those kind of judges need to be put off the bench.
     
  12. annsni

    annsni
    Expand Collapse
    Administrator
    Administrator

    Joined:
    May 30, 2006
    Messages:
    20,146
    Likes Received:
    365
    I had an accident last week where I was driving straight on a road and an elderly gentleman came to an intersection with the road I was on, stopped at the stop sign, didn't look my way and floored it to get across the street ahead of another car coming the other way. He hit me directly in the driver's side door and then when his car hooked into my door and was pulled around 90 degrees to my direction then dragged down the side of my car, he then hit the gas and hit me again from behind. According to both insurance companies and the cop at the scene, he was 100% at fault. So even though I 'was there', it was still his fault since I had the right of way.

    Fortunately we are OK but very sore. Unfortunately, my minvan was totaled. :(
     
  13. billwald

    billwald
    Expand Collapse
    Banned

    Joined:
    Jun 28, 2000
    Messages:
    11,414
    Likes Received:
    0
    Accidents should be judged on a case by case basis. I always drove more carefully back in the old days when I drove while drunk and never had an accident or got stopped.

    For several years I drove to work in the hour after bar closing when we all know half the drivers were probably legally drunk. The traffic drove much more legally and carefully at 3 AM than at 3 PM.

    It is mostly the amateur drunks and young drunks that cause the problems. That is why accidents increase during holidays and when summer break starts.
     
  14. preacher4truth

    preacher4truth
    Expand Collapse
    Banned

    Joined:
    Nov 18, 2010
    Messages:
    8,121
    Likes Received:
    0
    At one point my brother and I lived with our Dad, who unfortunately was a drunk. One time we were on the highway, and he was driving drunk, and floored the vehicle we were in to race another car. I was in the back of the van, no seats. I prayed right then for God to please save us, because we were heading fast to the rear of the car ahead of us...at the last second right before we should've hit the other car, the van ran out of gas, and he pulled off the road.
     
  15. freeatlast

    freeatlast
    Expand Collapse
    New Member

    Joined:
    Mar 1, 2004
    Messages:
    10,295
    Likes Received:
    0
    Now that is rich. :laugh:
     
  16. carpro

    carpro
    Expand Collapse
    Well-Known Member

    Joined:
    Oct 14, 2004
    Messages:
    20,894
    Likes Received:
    294

Share This Page

Loading...