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Driver loses control and hits a homes mailbox that has been installed with a 8" pipe concreted 3 feet into the ground. Two lower courts ruled in favor of the homeowner now the Ohio Supreme Court will have to make a decision. They don't say if the driver was speeding, or wearing a seatbelt those two things have to be considered.
While I feel bad for the driver there seems to be this mindset that every accident which happens someone has to pay someone must be sued. People are injured for lot of reasons that is why I have life, and accident insurance that covers these kind of outcomes.
The home owner had fortified his mailbox because it had been previously vandalized I have done the same to my own mailbox with 3 inch square steel tube concreted 2 1/2 feet in the ground heavy gauge locking steel mailbox.
I live in a cul-de-sac and have had my mailbox literally run over 3 times so I'm considering fortifying it to keep it from happening again.
In this case, why wouldn't the driver use his insurance to pay for damages since it was HIS fault? I'm confused by the lawsuit since the driver caused the accident. I guess we live in a society where no one wants to be held responsible for their own actions.
He may not have insurance or his insurance may not pay out, at least not before he tries to get the money from the other guy. No, it makes no sense that it happens like that, but from what I can tell, this stuff is complicated. It's not just a matter of not being held responsible. Especially when the cause of the accident was black ice.
There are a lot of naturally occurring and manmade immovable objects in the world, he'd have nobody to sue if he hit a tree or a streetlight so I don't see the point of a mailbox being a something questionable, but that's why the courts exist.
Of course the real issue is now that he's paralyzed and needs $ for care the system (courts) will often look for the deepest pockets (insurance companies) to pay out so he won't be a complete drain on society. "fault" doesn't even play into it anymore.
He may not have insurance or his insurance may not pay out, at least not before he tries to get the money from the other guy. No, it makes no sense that it happens like that, but from what I can tell, this stuff is complicated. It's not just a matter of not being held responsible. Especially when the cause of the accident was black ice.
Sorry, I beg to differ.
The cause of the accident was a driver who wasn't driving defensively in case of possible black ice. Doesn't everybody know you're supposed to reduce your speed when there are conditions in which black ice can form? And not to slam on the brakes if your rear end starts sliding left or right?
The cause of the accident was a driver who wasn't driving defensively in case of possible black ice. Doesn't everybody know you're supposed to reduce your speed when there are conditions in which black ice can form? And not to slam on the brakes if your rear end starts sliding left or right?
Yes, it sounds like speed was a factor if hitting ice caused a rollover accident and his injuries are that severe. That doesn't happen from just driving on ice, there was some reckless, or at least unsafe, driving happening.
The cause of the accident was a driver who wasn't driving defensively in case of possible black ice. Doesn't everybody know you're supposed to reduce your speed when there are conditions in which black ice can form? And not to slam on the brakes if your rear end starts sliding left or right?
I agree. Black Ice doesn't cause accidents any more than any solid country mailbox. Ohio has plenty of brick (or otherwise fortified) mailboxes. Ice is a natural occurrence, and it is common sense to drive accordingly.
Honestly, I sympathize with the driver because he's probably just trying to get money to pay his medical bills, which are probably incredibly high. If we had a better system of healthcare, he wouldn't have to sue at all and cases like this would go away.
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