lisser
Well-Known Member
- Joined
- May 5, 2009
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Unfortunately the kids were riding three abreast in dark clothing with little to no reflectors. It's a tragic accident and I feel for both the families and the woman.
I have been thinking about this counter suit all morning. I have to admit that I see both sides.
I am an avid cyclist and am fearful of being hit by a car so always stay out of the roadway!
I know I am older but what is the deal with younger people thinking they can bike, walk, skateboard, etc down the middle of the road and not move out of the freakin way of oncoming cars? I see it all the time when I am out driving and have to dodge these kids constantly on the side road to where I live.
I have no doubt this woman suffers from PTSD from this horrible accident. What an awful situation for her and for the boys' families, can't imagine what this particular family is going thru after losing him this way.
but, geez, what were these kids doing outside biking in the dark at 1:30 am? And why wasn't the driver checked for alcohol/drugs?
What an awful situation all around.
This is actually a countersuit. The family has sued her for $900,000. The family believes she was driving under the influence and/or texting despite no evidence of the sort. Unfortunately the kids were riding three abreast in dark clothing with little to no reflectors. It's a tragic accident and I feel for both the families and the woman.
I don't know how it works where you live, but cyclists who do choose to ride in traffic lanes are to follow the same laws of the road as motorists here (SW Florida).
Is it a fact that the driver wasn't checked for alcohol/drugs? I would think that would be protocol in any fatal accident? Maybe I'm wrong?
Yes - it is the law here as well but, for some reason, few under 20 years old bother to follow the rules on side roads and it's so annoying! I don't want to hit anyone FGS! I'm constantly frustrated by this! They seem to think that they own the road!
I read in one of the articles that the driver wasn't checked for alcohol/drugs. if I can find the link I'll post it.
Here we go: (this is the family's lawyer being quoted here)
He alleges Simon was speeding and may have been intoxicated and talking on her cellphone. A police report showed she was going at 90km per hour in an 80 zone.
'Sharlene Simon failed to take reasonable care to avoid a collision which she saw or should have seen was likely to occur,' his claim states. 'She operated the motor vehicle while she was intoxicated.'
None of the allegations have been tested in court. Ms Simon was not breathalyzed at the scene.
Read more: http://www.dailymail.co.uk/news/art...g-bike-sued-driver-ran-him.html#ixzz306k1lhiF
Here we go: (this is the family's lawyer being quoted here)
He alleges Simon was speeding and may have been intoxicated and talking on her cellphone. A police report showed she was going at 90km per hour in an 80 zone.
'Sharlene Simon failed to take reasonable care to avoid a collision which she saw or should have seen was likely to occur,' his claim states. 'She operated the motor vehicle while she was intoxicated.'
None of the allegations have been tested in court. Ms Simon was not breathalyzed at the scene.
Read more: http://www.dailymail.co.uk/news/art...g-bike-sued-driver-ran-him.html#ixzz306k1lhiF
I have a different perspective on this case than the majority of you because of a case that happened locally to me: A driver hit and killed two children riding their bikes with their mother. It happened in broad daylight- so there isn't the blame the teens for being out at 1:30a.m. in this case. The driver was impaired by drugs- yet she wasn't given a DUI- because she fled the scene. It was a couple of days before she turned herself in, so no breathalyzer test would've been valid. Yet, it was proven that she was impaired and she was convicted. I'll side with the bike riders in this case, not the driver.