Sue the victim?

[Glados]

Man sues the people he killed while driving under the influence

I am stunned. This is disgusting and I hope his suit is thrown out.

[fireheart17]

He's not looking to hurt anyone but he's suing them anyway?

What a baby.

[Panacea]

What a total and utter ass.

His suit doesn't have a chance. No judge will consider his claims seriously because he pled GUILTY. It doesn't matter if he "had to make a choice." He still pled guilty, meaning as far as the law is concerned the accident was his fault.

I also cannot wrap my head around the physics. The other driver was stopped. He hit the other driver, rear ended him. If you rear end someone, the accident is your fault, period. He was responsible for control of his vehicle. He wasn't because he was driving impaired.

This is just petty. He's pissed off at being in prison so he's lashing out at the surviving relatives.

Bastard.

[BlaqueKatt]

I hop this guy is getting is rectum stretched in prison.

we had a thread on prison rape, I suggest reading it...

[BlaqueKatt]

there may be a new trend in suing dead people....found another one

[Kheldarson]

The second case is slightly different. In the second, the dead person was the one who caused the accident in the first place and injured a bystander in his unfortunate and preventable death. That makes a bit of sense.

The first...well, he's the dumbass who was driving under the influence and couldn't control his car. I like his timing though. All other witnesses are gone. Who can gainsay his statement that the other car switched lanes too fast? (other than court documents from the original trial which may say the first car was stopped...how do you switch lanes if you're stopped?)

[Canarr]

He still pled guilty, meaning as far as the law is concerned the accident was his fault.

Is that so? I seem to remember that OJ Simpson was found not guilty in the murder of his wife, but still sued in civil court for damages resulting from the act a criminal court cleared him of.

In any case, the guy here is a dick. He's suing for 15,000$ damages? If his family really owns two dozen properties, how come he needs the money so badly?

[DrFaroohk]

Seems like this accident was the guy's own fault, but I'm generally leery of people who are like "He was drinking, it's ALL HIS FAULT!" even though the booze or drugs may not have actually had anything to do with the accident.

[tropicsgoddess]

That asshole sure has some nerve to sue the victim and family of the victim. It's apparent he was never taught about personal responsibility nor taking responsibility for his own actions.

[Andara Bledin]

This isn't the first time he's been charged with DUI.

This isn't the first time he's been involved in the death of another person while driving.

He had alcohol, Xanax, and traces of cocaine in his system.

The guy is an unrepentant menace to society and needs to have both his license revoked and to spend some quality time in jail to mull over how much needless bloodshed he's caused in his life.

^-.-^

[HYHYBT]

Who can gainsay his statement that the other car switched lanes too fast? (other than court documents from the original trial which may say the first car was stopped...how do you switch lanes if you're stopped?)

It's possible to switch lanes in the last car-length of coming to a stop; I've seen it done. And it's possible for someone in that other lane to then be too close not to hit you.

Except for one thing: it says they were stopped *at a red light,* and he didn't even apply his brakes. If the light was still red, then of course he should have been stopping even if the other car wasn't there at all. He might still have hit them, if they really did move lanes too late, but not nearly as hard. And if the light had just turned green, then that means the first car had been in position long enough to avoid.

[Mongo Skruddgemire]

Is that so? I seem to remember that OJ Simpson was found not guilty in the murder of his wife, but still sued in civil court for damages resulting from the act a criminal court cleared him of.

That's because the rules of evidence in a civil trial are less strict than in a criminal trial.

And it's not a good analogy here. You are taking about a man (OJ) who denied his involvement in the crime and through a fuster cluck of evidence handling managed to get a not guilty verdict.

Compared to a man who has hit another person in the past, admitted to the crimes, had drugs (prescription and recreational pharmaceutics) and alcohol in his system and has a record of being a poor driver with poor judgment and impulse control issues.

Apples vs oranges really.

[Beckpatton]

Is that so? I seem to remember that OJ Simpson was found not guilty in the murder of his wife, but still sued in civil court for damages resulting from the act a criminal court cleared him of.

In any case, the guy here is a dick. He's suing for 15,000$ damages? If his family really owns two dozen properties, how come he needs the money so badly?

In a criminal case they have to prove beyond a reasonable doubt that the crime was committed. Civil cases are not as strict. They just have to show enough evidence to convince a judge that they most likely did it. At least that's how I understand it.

In this case, him pleading guilty works against him in a civil proceeding, he has admitted liability. It seems to me if someone is found guilty or pleads guilty, suing them for damages is almost guaranteed a winner, it's when they are found innocent that the civil case requires another look at the evidence.

FYI- I'm no lawyer, I just watch a lot of Judge Judy

[draco664]

Is that so? I seem to remember that OJ Simpson was found not guilty in the murder of his wife, but still sued in civil court for damages resulting from the act a criminal court cleared him of.

In the criminal trial, OJ was found Not Guilty. The civil trial, with lower standards to find you guilty, found him liable.

In this case the guy pleaded Guilty in the criminal trial. Technically, he'd lose a civil case.

In any case, the guy here is a dick. He's suing for 15,000$ damages? If his family really owns two dozen properties, how come he needs the money so badly?

The article says that there is a civil case against him working its way through the courts. My guess is that it's a tactic dreamed up by his lawyer (and sister) to try and get the plaintiffs from that case to drop it.

[Silverharp]

Here's hoping the judge tosses it out as malicious.