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Old 05-04-2014, 01:25 PM
 
Location: Portlandia "burbs"
10,236 posts, read 13,556,904 times
Reputation: 25856

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Quote:
Originally Posted by trlhiker View Post
I don't blame her because the parents of the kid killed is suing her even though it wasn't her fault. These kids were riding their bikes at 1:30 am without lights in drizzle. What were these kids doing out so late on bikes on a road with a speed limit of 50mph?

Kinda' reminds me a bit of a local tragedy here last fall when a car with teens decided to plow through heaps of leaves on the street (for leaf pickup next morning), and they ran over two small girls who were hiding in the heap! Both killed. However, my first thought to this incident was "Where were the parents and WHY were small children like that allowed to play in the streets in the dark???" Unbelievable.

In this case with the bikers, I think the cold response from the bimbo driver is what strikes a nerves with people.
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Old 05-04-2014, 02:38 PM
 
8,402 posts, read 19,604,393 times
Reputation: 6766
Quote:
Originally Posted by Newsboy View Post
I don't know how courts in Canada work, but if a case like this somehow made it to trial in the U.S. a judge would almost certainly toss it out and then slap the woman with fines and court costs for bringing it in the first place.
Obviously you have no idea how many frivolous lawsuits jam up our courts every day. Burglars suing the homeowners because they were injured while breaking in. The coffee is too hot. The coffee is too cold. nobody told me I couldn't pour the coffee in my lap. Twinkies made me do it. The tire blew on the car I just stole and now I'm injured. And on, and on. In the good old USA we're allowed to sue for almost anything.

Quote:
Originally Posted by Three Wolves In Snow View Post
No, it is not ludicrous. It was 1 am. It's dark. It was raining. The teens were riding their bikes on a highway at 1am to get hot dogs. WTH were they doing out on a highway at 1am in the rain, on their bikes?

She was in control of her vehicle. She didn't SEE them because again, she was on a highway, it was 1 am, DARK, and it was raining.
Then she was driving too fast for conditions. Simple as that. If the kids had been a moose, she could have been killed...because she was driving too fast for conditions.
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Old 05-04-2014, 02:47 PM
 
7,497 posts, read 9,313,429 times
Reputation: 7394
How can you sue a dead person? I'm confused about this, does he have something she can take? Or are his parents going to have to pay? What the heck? If so, doesn't she think they've been through enough???
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Old 05-04-2014, 06:10 PM
 
Location: Out West
20,788 posts, read 15,527,514 times
Reputation: 24317
Quote:
Originally Posted by FlowerPower00 View Post
She didn't see them as she wasn't driving correctly. Stop blaming the victims...the lady hit them and killed them, SHE is at fault. What a crime, riding bikes to get hot dogs!
Oh b.s.

You go driving at 1am, on a highway, in the dark, when it's raining, and tell me that you see everything. Baloney.
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Old 05-04-2014, 06:12 PM
 
Location: Out West
20,788 posts, read 15,527,514 times
Reputation: 24317
Quote:
Originally Posted by vitalaeon View Post
again, Did her headlights not work? Rainy doesnt mean no visibility. Headlights do work in the rain.
AGAIN, you go driving around at 1am, on a highway, (not a freeway, a highway), when it's raining. Tell me everything that you see. I'll bet you miss a whole hell of a lot.
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Old 05-04-2014, 08:02 PM
 
Location: New Jersey
461 posts, read 775,465 times
Reputation: 330
Quote:
Originally Posted by Three Wolves In Snow View Post
AGAIN, you go driving around at 1am, on a highway, (not a freeway, a highway), when it's raining. Tell me everything that you see. I'll bet you miss a whole hell of a lot.
I'm really not seeing your argument here. You keep repeating "1am on the highway while its raining" like it makes a difference. Her headlights should have been on. If the kids were in the middle of the road, your headlights would shine on them.

If it's raining, you should be going under the speed limit. The time doesn't really matter.

A highway with no cars on it is the same at 10p as it is at 1a. Sure, no one expects people to be riding down the middle of the road at any time of the day. But even still.

Highways (in my area) are usually lit up. Whenever I'm driving on an open and empty road, I have my high beams on and if it's less than favorable weather, I go under the limit.

I learned the hard way when a small deer ran out from the woods and I plowed into it. Scared the crap out of me, and unfortunately, killed the deer. From that moment on, I am vigilant to be aware of my surroundings. So yes, I do see everything that could become a danger. I especially pay attention to the road during bad weather. Thats one of my biggest fears is hitting someone while I'm driving.
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Old 05-04-2014, 08:10 PM
 
3,720 posts, read 4,450,461 times
Reputation: 4741
I hope she wins her lawsuit.
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Old 05-05-2014, 08:32 AM
 
Location: Bowie, MD
303 posts, read 488,247 times
Reputation: 459
Quote:
Originally Posted by vitalaeon View Post
I'm really not seeing your argument here. You keep repeating "1am on the highway while its raining" like it makes a difference. Her headlights should have been on. If the kids were in the middle of the road, your headlights would shine on them.

If it's raining, you should be going under the speed limit. The time doesn't really matter.

A highway with no cars on it is the same at 10p as it is at 1a. Sure, no one expects people to be riding down the middle of the road at any time of the day. But even still.

Highways (in my area) are usually lit up. Whenever I'm driving on an open and empty road, I have my high beams on and if it's less than favorable weather, I go under the limit.

I learned the hard way when a small deer ran out from the woods and I plowed into it. Scared the crap out of me, and unfortunately, killed the deer. From that moment on, I am vigilant to be aware of my surroundings. So yes, I do see everything that could become a danger. I especially pay attention to the road during bad weather. Thats one of my biggest fears is hitting someone while I'm driving.

While something like this is far less likely to happen in a Metropolitan City Highway (well lit, strict enforcement that bicyclists aren't allowed out there), I definitely believe that it's possible to do everything right but still run over two kids riding illegally on a highway in the middle of the night on a smaller town road.

Those roads are probably guaranteed empty at that time of night and in extremely low visibility (heavy rain, darkness, few highway lamps), you're probably lucky to see five feet in front of you. These kids were in the middle of the road (fail), side by side (fail), with little to no reflective gear (fail). You'd have to be going 1kph with your Fog Lights (if you even have them) to avoid at the very least a very close encounter with those kids.

My mom's side of the family lives in Rural VA, and it's bad enough driving down their highways at night with no adverse weather conditions. It's pitch black out there, with maybe a lamp post every time you see a (closed) gas station every 10 miles. It would be suicide to go out there on a bicycle, especially if you aren't even smart enough to wear reflective gear.
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Old 05-05-2014, 10:06 AM
 
8,343 posts, read 8,626,083 times
Reputation: 26094
Quote:
Obviously you have no idea how many frivolous lawsuits jam up our courts every day. Burglars suing the homeowners because they were injured while breaking in. The coffee is too hot. The coffee is too cold. nobody told me I couldn't pour the coffee in my lap. Twinkies made me do it. The tire blew on the car I just stole and now I'm injured. And on, and on. In the good old USA we're allowed to sue for almost anything.


What you have done above is take half a dozen situations and assert that a system that serves 300 million Americans is "broken". Quite the contrary, the American justice system and the stability it provides business in terms of enforcing contracts and agreements is a good part of the reason that this country enjoys the highest GDP in the world and one of the highest standards of living as well.

Quote:
Then she was driving too fast for conditions. Simple as that. If the kids had been a moose, she could have been killed...because she was driving too fast for conditions.
Possibly. Those are exactly the kinds of questions that our system resolves by judges and juries rather than by an angry poster on an internet forum who has read one article in periodical and thinks he has all the answers.

Last edited by Oldhag1; 05-08-2014 at 07:17 AM.. Reason: Discuss the topic, not other posters
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Old 05-05-2014, 09:40 PM
 
8,402 posts, read 19,604,393 times
Reputation: 6766
Quote:
Originally Posted by markg91359 View Post
What you have done above is take half a dozen situations and assert that a system that serves 300 million Americans is "broken". Quite the contrary, the American justice system and the stability it provides business in terms of enforcing contracts and agreements is a good part of the reason that this country enjoys the highest GDP in the world and one of the highest standards of living as well.



Possibly. Those are exactly the kinds of questions that our system resolves by judges and juries rather than by an angry poster on an internet forum who has read one article in periodical and thinks he has all the answers.
Does every poster here provide links and proof for every thing they post? No. Why are you holding me to a different standard? Should I list 10,000 examples of frivolous lawsuits to support my point? Will that be enough, relative to 300 million people?

Anyone who thinks the system isn't broken in many ways is...how do I not come across as vehement...needs an introduction to reality.

Speaking of hyperbole, I don't think I have all the answers. But I do have an opinion, which is based on more than what was presented here (feel free to continue assuming whatever you need to) and just as in ~1983459856729857230984750983475982374098 posts by ~57458724392874092837902837098 posters all over the world, I presented it here.

Last edited by Oldhag1; 05-08-2014 at 07:18 AM.. Reason: Edited quote
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