elzoller
El Guac-Oh
http://www.reuters.com/article/oddl...0080125?feedType=RSS&feedName=oddlyEnoughNews
Unfuckingbelievable!
Unfuckingbelievable!
Spanish driver sues dead crash cyclist for damage
- Thread starter elzoller
- Start date
C
Cthulhu
Guest
?!? What the hell is wrong with some people??
Fogerson
Former Resident Nerd
Reminds me of a lawsuit years ago against, I think, Cannondale (my recall is pretty sketchy these days). A young man was riding in the dark w/o lights and got into an accident. The young man's family sued the bike company for something like $7M and won! Something about insufficient warning on the bike/bike documentation about riding after dark w/o proper lighting.
Just another one of those things that make you go "huh".
As far as the article posted, it would seem that no matter what the circumstances were that led to the accident, the driver should of just swallowed it all out of decency. People can be a$$holes.
Just another one of those things that make you go "huh".
As far as the article posted, it would seem that no matter what the circumstances were that led to the accident, the driver should of just swallowed it all out of decency. People can be a$$holes.
NickDavid
New Member
Guess I'll be the only a-hole here. If I was the driver, I would want my car fixed too. Yes, it's sad that this kid lost his life, but it was bound to happen because of how dangerous this is. In no way, according to the article, was this the drivers fault. I also love how the article is titled SPANISH driver. Because being Spanish has anything to do with law suits. Plus, the family already sued the drivers insurance when it wasn't the drivers fault.
I try not to be biased just because I share a similar hobby.
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If the driver was at no fault, his insurance company wouldn't have paid out $33k to the family of the victim. Obviously there was no criminal prosecution, but that doesn't mean the driver doesn't also share some "fault" with the cyclist in this...
What's it cost to go to trial? $100k minimum on something like this I would guess. Probably much more. They probably look at $33k as an easy way out. I don't think you can say that there's a correlation here, necessarily.
C
Cthulhu
Guest
The article states that the driver was speeding.
"His family won 33,000 euros compensation from Delgado's insurance company after the firm acknowledged he had been driving at excessive speed and this could have contributed to the incident, El Pais reported."
Maybe if he was driving at an appropriate speed, regardless of the cyclist's lack of safety wear, he may have been able to spot the teenager. Minus a deductable, providing that he had proper insurance and I'm sure he did for his Audi, the insurance company should have covered his bills at the addition of a surcharge to his premium. Is the surcharge equal to his claim from the boy's family? And I think the inclusion of the man's ethnicity/race is because of the location that this all took place.
NickDavid
New Member
Just how excessive are we talking? According to law, a single mph over posted speed limit is excessive. Say the speed limit was 55mph and he was hit doing 54mph, do you really think it would make a difference? How about 56mph? Now he's driving excessive, but the kid stands the same chance of living. The fact is, if the kid was wearing gear that made him stand out, he would probably be riding his bike now.
We can argue about this all day. Seriously, I have the time
C
Cthulhu
Guest
Just how excessive are we talking? According to law, a single mph over posted speed limit is excessive. Say the speed limit was 55mph and he was hit doing 54mph, do you really think it would make a difference? How about 56mph? Now he's driving excessive, but the kid stands the same chance of living. The fact is, if the kid was wearing gear that made him stand out, he would probably be riding his bike now.
We can argue about this all day. Seriously, I have the time
If you'd like to contact reuters and the individual who wrote the article maybe we can find out exactly how fast he was driving over the posted limit. In either case did he have to pay out of pocket for the damages to his vehicle? Hard to argue a case when all of the information is not available. At this point it is a question of assumption and nothing more.
Also, what is the ratio of cyclists to automobile operators? How common is it for individuals to commute in Madrid on bicycles? Is it a major means of transportation and if so, is the population accustomed to the awareness of these commuters?
Assumptions assumptions
elzoller
El Guac-Oh
What if you were not the driver but the father of the kid who died?
If he has money to buy an A8 I am sure he also has enough money to repair it, there is no need to go "pour more salt into the wound"
If it was my kid and the guy came after me for money I would kick his fucking ass!
NickDavid
New Member
Boy, that there is a ridiculous statement. You've just ruined your argument.
walter
Fourth Party
I think its titled as such simply for the fact that this happened in Spain.
C
Cthulhu
Guest
Can mine still be valid?
We don't have all the facts. Pretty much a closer for all the arguments.
From a psychological standpoint, the counter claim from the man for 29K and change could be a defense mechanism for the grief he may be feeling for taking that boy's life; to rid his mind of dissonance by placing the blame solely on the irresponsible practices of the boy. Assumptions assumptions.
Hard to put a price on one's life and one's grief. Can't see why anyone would want to add insult to injury though.
Talk about assumptions. It's pretty unfair to label that as his motivation.
C
Cthulhu
Guest
You're trying to read between the lines. Not my meaning at all.
Whether it his intention/motivation or not, it is a result of his actions.
Assumptions:
Maybe he feels grief for this additional hardship directed towards that family for what he feels is a justified pursuit. It seems, at least at this point with only the information provided, that the money that could be potentially awarded to him outweighs this added grief. That could obviously change in the future.
His wife is pushing the issue.
C
Cthulhu
Guest
We all can "what-if" this to death. Who wants to go riding tomorrow? Maybe get a taco?
A result is different than "want" though. Again, I tend to doubt he "wants" to do any such thing. But then, maybe he does. Still, I think it's reasonable to assume he doesn't and that in his mind he sees himself as wronged.
He may also be operating under the guise of, "Well I'm not suing his family I'm suing the insurance company." The human mind is an amazingly powerful and complex thing. And it seems to seek any number of ways to justify its behavior. Like when you find a $50 bill and keep asking people what they would do until you find someone who would keep it, then you keep it, even if the first 40 said they would give it back.
There may be some credence to his wanting to remove some guilt from the $33k paid by his INS company.
I also think the newpaper going to the family for a quote is spineless. In the near future, I can imagine reporters will be able to carry stun guns which they will be able to use in the event that people they interview don't give them a juicy enough answer.
He may also be operating under the guise of, "Well I'm not suing his family I'm suing the insurance company." The human mind is an amazingly powerful and complex thing. And it seems to seek any number of ways to justify its behavior. Like when you find a $50 bill and keep asking people what they would do until you find someone who would keep it, then you keep it, even if the first 40 said they would give it back.
There may be some credence to his wanting to remove some guilt from the $33k paid by his INS company.
I also think the newpaper going to the family for a quote is spineless. In the near future, I can imagine reporters will be able to carry stun guns which they will be able to use in the event that people they interview don't give them a juicy enough answer.