Woman sues teen she hit and killed

[killarney rose]

Come on, be realistic- these were 17-year-old boys. How many parents are able to enforce curfews on 17-year-olds???

I raised four children. Three boys and a girl. At age 17 they had a curfew of midnight. It was strictly enforced and they knew it meant 12:00, not 12:01.

 

[LadyL]

The driver is at fault. A counter suit still has to be proved and there is no proof the kid did anything illegal.

the driver was not charged with anything - how does that equate to the driver bring at fault?

the kid's family is alleging in their suit that the driver and her husband did all kinds of illegal things yet there is no proof of that either

I forgot to add this link:

http://www.mto.gov.on.ca/english/pubs/cycling-guide/section5.0.shtml

the boys were not in compliance with bicycle laws and those infractions cost them dearly

if it comes out that the driver and her husband did do something wrong, then I might feel differently ...

 

[LinasK]

I think it's beyond gauche to sue the dead teen/his family. JMO, though.

I think his family filed the initial suit out of a desperate attempt to place blame - they lost so much, those parents, that I refuse to judge them for filing suit. Not saying they should be granted their demands, but if the suit is frivolous it will be dealt with by the court system. I believe it's a rough stage of grief they're going through, and lawyers can be - not always, but some are pariahs that prey upon the weak, like these parents.

But in regards to curfew? I'd be hesitant to blame the parents for a minor curfew violation...actually I'm unsure if curfew is enforceable after 17 but I could have a faulty memory on that. Regardless I've seen parents lose their toddler for hours and receive taciturn politeness here on WS. Imo these parents deserve nothing less.

Hopefully none of us will ever have to live with their grief, so, imo, the commentary on their parenting skills are not in line with our nonblaming of victims. JMO and with respect to my fellow posters.

ETA: If her insurance company filed suit, then imo she has no choice but to submit to their decisions, depending on her policy, and my point would be moot.
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I completely agree with this whole post!!! I've also been noticing a disturbing trend lately here on more than one thread of blaming the victim rather than the driver.

 

[Intermezzo]

I forgot to add this link:

http://www.mto.gov.on.ca/english/pubs/cycling-guide/section5.0.shtml

the boys were not in compliance with bicycle laws and those infractions cost them dearly

if it comes out that the driver and her husband did do something wrong, then I might feel differently ...

no charges were laid and nothing so far suggests any would be.

http://fullcomment.nationalpost.com...-sued-by-motorist-for-her-pain-and-suffering/

The report says police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.”

 

[LadyL]

Maybe this is part of what formulates the differing opinions...out here in Chicago and the burbs, I would never go more than 5 over, comfortably...10 at the highest end of the spectrum and I would be hesitant to do that.
The expressways are another matter, I go with the flow of traffic...but after viewing the picture of the accident location...I would use extreme caution on such a dark, heavily wooded strip of road. I would be afraid of deer. Maybe it's city driver syndrome affecting my viewpoint.

So perhaps the locale of the accident is much different, and 10mph speeding is a given/common. JMO

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idk. there's tons of speeding drivers in Toronto, which google says is about the size of Chicago

I've lived in cities, small towns, and the boonies ... people fly in my experience, whether it's in town, on a country road, or on the freeway

it might be a regional attitude thing 'cause 10 km. over is not only common, 20+ km. is more the norm - it's not right but it's how it is (I get passed constantly when I'm already speeding)

 

[LadyL]

no charges were laid and nothing so far suggests any would be.

http://fullcomment.nationalpost.com...-sued-by-motorist-for-her-pain-and-suffering/

The report says police consulted with a local Crown prosecutor, who told them there was “absolutely no reasonable prospect of conviction and that no charges should be laid.”

I know but who knows what might come out in the lawsuit ... the family alleges misconduct of some kind

 

[txsvicki]

I didn't read the whole thread but anyone should know to go slower on a Halloween party night. Lots of kids and people are out. The cop leaving the scene is disgusting, imo.

 

[LadyL]

I didn't read the whole thread but anyone should know to go slower on a Halloween party night. Lots of kids and people are out. The cop leaving the scene is disgusting, imo.

it was a secluded highway where no kids or bicycles would be expected

the cop didn't leave the scene in the sense you're thinking of - in fact, we don't even know when he left or was released by police ... we do know no charges were laid on the driver or her cop-husband

 

[Roxye]

Come on, be realistic- these were 17-year-old boys. How many parents are able to enforce curfews on 17-year-olds???

I have a 24 yo NOW daughter. When she was 17, she was home EVERY night by 10PM, the consequences where too great for her to EVER defy that rule.

Hell, she lived with us until she was 20, an extent of the same rule applied. Call before 10 to let us know where you are, or you are out for the night!

Maybe I am odd for expecting my children to listen to my rules, but I hope not!

 

[SophieRose]

I raised four children. Three boys and a girl. At age 17 they had a curfew of midnight. It was strictly enforced and they knew it meant 12:00, not 12:01.

And I bet they weren't allowed to ride bicycles when dark or after a certain hour.

 

[Intermezzo]

I know but who knows what might come out in the lawsuit ... the family alleges misconduct of some kind

yes, I read the deceased boys family complained about the investigation it was looked into and all checked out..the father wanted the OPP to handle the investigation, iirc

 

[SophieRose]

I didn't read the whole thread but anyone should know to go slower on a Halloween party night. Lots of kids and people are out. The cop leaving the scene is disgusting, imo.

It didn't happen on Halloween, the party was on Oct 27, a Saturday.

 

[SophieRose]

http://www.thebarrieexaminer.com/20...nnisfil-youth-struck-and-killed-while-cycling

Police have concluded their phase of the collision reconstruction at the scene, he said, adding that five collision reconstructionists obtained a large amount of evidence.

Some of the points the lead reconstructionist will be considering are the visibility distances (the estimated maximum distance the teens would have been visible), where the teens were going, the speed of the vehicle (at this point there is nothing suggesting excess speed), headlight operations, the point of impact (location on the road) between the bikes and vehicle, as well as reflectors on the bikes and their condition.

 

[Elley Mae]

I wonder what Jake said happened.

 

[MyBelle]

And I bet they weren't allowed to ride bicycles when dark or after a certain hour.

If there was a city code please post it. I don't know of any place in North America that outlaws the riding of a bicycle on a public road.

 

[SophieRose]

If there was a city code please post it. I don't know of any place in North America that outlaws the riding of a bicycle on a public road.

I'm talking about the poster's curfew rules, not the law.

And there may not be any laws about riding of a bicycle on a public road, but there are laws where I live about helmets and how a bicycle is equipped for night riding - including a white headlight, red rear reflector, white or yellow reflectors on front and back of each pedal, white or yellow reflectors on each side forward of center of bike, and red or white reflectors on each side rear of center. According to the articles, the teens were not properly equipped for night riding in their area of Ontario.

I've seen a number of bicyclists where I live that don't have their bicyclists properly equipped and I always think it's an accident waiting to happen. I have seen this one guy on several occasions that is more than prepared, with bright flashing lights on more than one part of his bicycle. He can be seen from more than a block away, first time I saw him I thought "Is that police? What is that?" and then as I got closer I saw it was a bicyclist.

 

[Elley Mae]

This picture is bothersome to me. The boys on their bikes had to see a vehicle coming. I was allowed out after dark but it was not at that hour, I was in by 9:00. As an adult I have been out at night in the wee hours but that's another story. When you are in the dark your eyes become adjusted and you can see pretty good. As far as hearing a vehicle approach, they heard it coming. Why did they stay in the road?

 

[Linda7NJ]

This picture is bothersome to me. The boys on their bikes had to see a vehicle coming. I was allowed out after dark but it was not at that hour, I was in by 9:00. As an adult I have been out at night in the wee hours but that's another story. When you are in the dark your eyes become adjusted and you can see pretty good. As far as hearing a vehicle approach, they heard it coming. Why did they stay in the road?

I've never allowed mine to ride a bike after dark. IMO it's just too dangerous.
Curfew? As long as I know where he is and he's not outside roaming the streets I'm okay. I also go pick him up if it's after township curfew.






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[Elley Mae]

You know I am sure there is alot more to this that both sides could add.
First ? I have for the vehicle driver is where was she coming from and where was she going? Second ? I have is how long were the tire marks? If her husband was following in another vehicle and came upon the scene, iirc what was he doing following his wife? What in the he77 were those boys doing out at that hour? in the middle of the road? No excuses for them, all three were over 16 years old. There are lots of fines that could be given out including not having a horn/bell, I'll take that bet, a quarter says none of the boys had a properly working horn/bell.

idk But i do know that if her husband being a cop had anything to do with the lack of a breathalyser for starters, its not the first time and it won't be the last.

 

[ohiogirl]

I completely agree with this whole post!!! I've also been noticing a disturbing trend lately here on more than one thread of blaming the victim rather than the driver.

I see no one blaming the victim here. It is a counter suit. It is a common occurrence when a suit is filed. jmo