Driver kils teen boy, then sues.

Haggis

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Still, I'm gonna remember this one and be sure to bring it up next time a Canadian rips on America for its legal system. Along with the story of the guy who alleged that he killed someone while sleepwalking - and that he was sleepwalking while driving several miles down a busy highway. Oh Canada!
Probably not a good idea. When you rip on another country you also rip on their citizens, many of whom may be members here. Certainly we have many from Canada. So if you do that you're not respecting your fellow writer. That's AW's prime directive.

Best bet is if you find a post you feel disrespects your country, hit the report thread button. Leave it to the forum mods.
 

robeiae

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If Ms. Simon has a strong defense to the family's civil suit, fine, let it rip. Maybe she was completely blameless and the accident was the kid's fault. But to go on the offensive with these sad people is wrong. And as far as the effect it would have on a jury, if there is one, it's also bad strategy.
Agree. And that seems very much like common sense to me, which I think is buttressed by the lack of these kinds of lawsuits in similar cases. I question the idea that this lawsuit provides any leverage whatsoever.




As to her not doing anything wrong, she was speeding. We all take that extra five to ten miles for granted, that somehow it's not breaking the law but just bending it or the like. But a speed limit is not a suggestion.

It's fair to say that she wasn't being grossly negligent. I think it's even quite likely that she shouldn't be held criminally responsible. But that doesn't make the boy criminally responsible as a matter of course. I think we have to allow for tragic accidents wherein there is no criminal responsibility.

In such cases, the person/family that bares the brunt of the tragedy needs a little leeway imo. I don't know that the family's lawsuit against her has any merit. But it is at least understandable. Her lawsuit? Not so much.
 

Devil Ledbetter

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Okay, I'm going to pitch the other side, then not check AW until the morning (fair warning, dog piles will be ignored until then).

Here's what I'm guessing might be going on: the accident was in fact the boy's fault, not hers (the story I read the other day said she'd not been drinking and was going just 7 mph over the limit, which wouldn't amount to legal negligence in my jurisdiction).

Found the story, here you go.

That story also mentions that the family of the young man is suing her. I'm guessing this family sued first and hers was not so much a separate lawsuit, but a counterclaim.

Yes, it's probably a counterclaim.

FWIW According to Huffpo the driver sued the bereaved family first, and they are responding with a countersuit.

Majewski's family is countersuing the driver for $900,000. Derek Majewski claims Simon was speeding, under the influence or texting at the time of the accident.

This story also said it was dark, the bikers were dressed in dark clothing and riding abreast rather than single file.

Still, I think this woman is absolutely a heartless bitch who is probably suing to deflect from some real culpability she may be getting away with. As the saying goes, no one ever loathed someone so much as someone they have harmed.
 

waylander

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IF she sued first then I agree with most of the comments above lambasting her and particularly her legal representatives.
This seems like a tragic accident with shared responsibility
 

robeiae

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IF she sued first then I agree with most of the comments above lambasting her and particularly her legal representatives.
This seems like a tragic accident with shared responsibility

My position, too.

If it turns out that she didn't sue first, I still think her decision was poor. I don't see how it can justified either way.
 

Xelebes

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The article I read on this incident said her BAC was 0.00. She wasn't drunk.

Not that it excuses anything else.

The article I read said there was no breathalyzer test due to the persuasion of her husband.
 

Celia Cyanide

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If it turns out that she didn't sue first, I still think her decision was poor. I don't see how it can justified either way.

I do agree, but I also have genuine sympathy for people who have to live with having killed someone when they did nothing wrong. I don't think suing is the right way to deal with it, but it must be a horrible thing.
 

Lyv

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Police on the scene, including Ms. Simon’s husband, ruled the incident an accident due to poor visibility and hazardous driving conditions due to rain.

http://www.ecanadanow.com/canada/20...ictim-ontario-driver-kills-teen-sues-victims/

She was speeding in those conditions. I dimly recall something (this was in the US, though, Florida to be exact) that you can be cited for even driving the speed limit if it is unsafe because of conditions like those. I would think the speeding alone would have gotten her cited.

Everything I've read says that no BAC test was performed.

Very sad situation.
 

emax100

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Probably not a good idea. When you rip on another country you also rip on their citizens, many of whom may be members here. Certainly we have many from Canada. So if you do that you're not respecting your fellow writer. That's AW's prime directive.

Best bet is if you find a post you feel disrespects your country, hit the report thread button. Leave it to the forum mods.
Fair enough, but I meant in a public setting, NOT on AW. Being that I am a newbie, I presumed it was naturally understood that blanket, broad brush condemnations and statements of disrespect of entire peoples are not allowed on AW and so on here it would be a non issue. I was referring ot other public settings where this would occur, NOT AW forums of any kind.
 

Ketzel

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FWIW According to Huffpo the driver sued the bereaved family first, and they are responding with a countersuit.
Unbelievable. Maybe the dead boy's mother can backhand the driver in the face with all her might, and then sue her for the pain and suffering caused by the impact to her hand.

Being that I am a newbie, I presumed it was naturally understood that blanket, broad brush condemnations and statements of disrespect of entire peoples are not allowed on AW and so on here it would be a non issue
Don't feel badly, emax100. Being that you are a newbie is, I'd venture to guess, one reason Haggis responded to your posting the way he did. Because a great many people make their way to AW, and to this forum in particular, with no concept of respect for others in operation at all, so pre-emptive warnings are not unusual.
 
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robeiae

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She was speeding in those conditions. I dimly recall something (this was in the US, though, Florida to be exact) that you can be cited for even driving the speed limit if it is unsafe because of conditions like those.
I think this is--or at least used to be--the case in many States.

From Florida right now:

(316.183) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(316.185) Special hazards.—The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
I think most States still have similar laws, but I'm not certain and have no idea about Canada.
 

Xelebes

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I don't drive so I'm not certain about the laws but many highways have two speed limits posted - one for daytime fair weather (often 100) and the other for nighttime (often 80 or 90.)
 

Roxxsmom

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I do agree, but I also have genuine sympathy for people who have to live with having killed someone when they did nothing wrong. I don't think suing is the right way to deal with it, but it must be a horrible thing.

I imagine it's dreadful. I remember coming very close to nailing a teen-aged bicyclist who was riding at night with no helmet or light and turned left in front of me at an intersection. I didn't, thankfully (hit the brakes and leaned on the horn), and I hope that kid grew up to live a more sensible life.

It's been almost twenty years and I still remember how close I came to possibly killing someone.

If I'd hit him and done him grave harm or killed him, I'd feel terrible about it to this day, even if I'd done everything in my power to avoid it and I wasn't held legally responsible. But sue his parents? How would that make a person any better about it?

Ergh.
 

LJD

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I don't drive so I'm not certain about the laws but many highways have two speed limits posted - one for daytime fair weather (often 100) and the other for nighttime (often 80 or 90.)

There aren't two speed limits where I live, which is about 1h from where this accident took place.

(Also the UK article bungles the location. Alcona, Toronto? Umm, no. This was not in Toronto.)
 

Don

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Well, I think that would tend to absolve the person of any obligations, financial or otherwise. If a kid, say, jumps out in front of my car and I hit and kill the kid, simply because I had no time to respond (and I wasn't speeding, wasn't texting, wasn't drunk, and so on), I think that means I should not be held criminally responsible. Nor should the parents of the kid be able to sue me for killing their child (or at least they should not be allowed to prevail in such a lawsuit).

Technically, I may have some sort of claim I could file for damages to my vehicle (assuming the kid was old enough to be found negligent). Ditto for any medical bills I incur from the accident. But that kind of lawsuit is pretty cold-hearted, imo. I'd never go down such a road. And I do not think I should have grounds to sue for emotional distress and the like, regardless.
In my twenties, my girlfriend's roommate had a man jump in front of her car to commit suicide. He'd tried several times before in different ways. This time, he succeeded. He almost hit her when he came through the windshield. Forty years later, I don't think she's ever fully recovered.

I'd like to agree with you, but in this circumstance his actions certainly cost her dearly, and the impact was lifelong.
 

Celia Cyanide

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I'm assuming the "victim" is not trying to cause an accident. If he or she is, that changes things.

I suppose so. But is trying to commit suicide really that much worse than driving while highly intoxicated and causing an accident and killing yourself unintentionally? Not all mistakes are equal, but surely some are worse than others?
 

Devil Ledbetter

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But sue his parents? How would that make a person any better about it?

Ergh.
My theory is that if she succeeds in her suit, she'll prove to herself that she is the victim and absolve herself emotionally of any wrongdoing. Just the act of filing suit shows that she is heading down that self-serving emotional path. To me, it also says she has more culpability than she's admitting and is going to extremes to clear her guilty conscious.
 

Wilde_at_heart

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I don't drive so I'm not certain about the laws but many highways have two speed limits posted - one for daytime fair weather (often 100) and the other for nighttime (often 80 or 90.)

There aren't two speed limits here, but I do find that the act of her speeding even slightly at nighttime doesn't quite square with her suing Simcoe county for not maintaining the roads properly.