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Any Lawyers in the house?

Discussion in 'Off-Topic' started by GoldEagle, Apr 22, 2007.

  1. GoldEagle

    GoldEagle Deity of All Drummers

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    It turns out he does not have insurance. The police report said he did, but he lost it in October. So yeah, what now? And do we press charges to get him for the felony?
     
  2. History_Buff

    History_Buff Knight of Cydonia

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    I believe it is the government's job to push the felony, you get no say in it.

    If he doesn't have insurance, it's now less likely you will get a ton of money out of him right away, because he won't have any money to give you. That said, sue his moronic ass anyway, because he still will have to pay. The courts will just garnish the hell out of his wages to ensure he can pay you.
     
  3. sabo

    sabo My Ancestors were Vikings

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    I don't think civil court will jail anyone, that would be criminal court, but in civil court you could sue him for a ton of money. Your mom will probably need it for the hospital bills, I hope she's ok.
     
  4. Jawz II

    Jawz II Oh Dear

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    Maybe you can sue the (state) prosecuter for that?

    The state, that's where the big money is. ;)

    PS. I'd tell you how I would deal with this punk, but I'm sure there are laws against that. Suffice to say I'd make him regret it, and it wouldnt involve any lawyers or the law. :D
     
  5. Souron

    Souron The Dark Lord

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    It sure sucks to have your mom get hit by a car. How is she? How serious are the injuries? I sympathize.

    I can understand your anger. But anger never did any good. Sure, he is a reckless driver, a pothead, and has a general disregard for the law. But your anger is not going to do anything about it. Sometimes bad things happen. Being angry about them doesn't help.

    This even has surely been hard on you and your mom. It must be stressful, and possibly financially burdensome. It is reasonable for you to ask the driver in question for some compensation for the harm he caused. And obviously the best way to do this is through the court. You need to ask for a reasonable sum that should take care of your costs.

    But it is not your place to bestow any punishment on this guy. It is not your place to contemplate how to deter such action in the future, or if this guy should go to jail. You are angry at him, and want him to suffer, but that is not a logical argument for why he should suffer. This anger is exactly what prevents you from being rational about what should happen to him. So let go of your anger and let others decide his fate. Don't try to milk him dry for cash, that's not your place. If you sue him, you must remember that you are suing for compensation, not retaliation. Let me repeat that: Sue for compensation, not retaliation.

    As for the actual advice that you wanted: Yes, since the accident was his fault, you can sue for damage done. That generally means car repair and medical bills, but US courts have ruled emotional scarring as qualifying as damage in the past. So if you need the money, talk to a lawyer, and he should be able to present a decent case for you.
     
  6. capslock

    capslock Emperor

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    Find the kid and beat the crap out of him with a baseball bat.
     
  7. PrinceOfLeigh

    PrinceOfLeigh Wigan, England

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    In Red England you would be able to progress your claim via the Motor Insurer's Bureau which pays compensation to those people involved in accidents with uninsured or untraceable drivers.

    Of course it's unlikely you'll have such a communist system in the US so I imagine you'll just have suck it up and get on with your life.
    Ensuring that you also go to jail, good plan.
     
  8. Jawz II

    Jawz II Oh Dear

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    Assault with a deadly weapon/murder one.

    Don't kill the guy for christs sake.
     
  9. joycem10

    joycem10 Deity

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    You can still sue the guy, its just that you now have limited assets to attach if you prevail. Basically, you can attache any property he owns in state (probably none) and assuming he defaults on a judgment you can likely get a garnishment order on his wages.

    Let me reemphasize my prior note about underinsured/uninsured motorist coverage. Look to your mothers auto insurance and her homeowners for coverage. Some policies do address these types of situations depending on the carrier.

    Dont know your jurisdiction but there is a potential for a suit against the parents. If they own the car you might be able to make a negligence case against them for allowing thier son, an uninsured driver, access to their vehicle.

    Also, if there were any passengers in the car you could argue they had a duty to prevent an uninsured motorist from driving.

    If the guy was drinking, you can pursue the provider of the alcohol.
     
  10. PrinceOfLeigh

    PrinceOfLeigh Wigan, England

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    Now I see why Lawyers love the US, none of those claims would succeed here.
     
  11. Bozo Erectus

    Bozo Erectus Master Baker

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    Lawyers created the US;)
     
  12. PrinceOfLeigh

    PrinceOfLeigh Wigan, England

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    Most Politicians are failed Lawyers, just look at our Prime Minister.
     
  13. joycem10

    joycem10 Deity

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    The first two, depending on the jurisdiction are relatively weak. Those are the kind you pray get through the motion stage and catch a sympathetic jury. The last one is pretty strong. The courts and states are really looking to nail alcohol/drug providers in cases like this.
     
  14. PrinceOfLeigh

    PrinceOfLeigh Wigan, England

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    In England a passenger's claim will be reduced for contributory negligence if they enter a vehicle with a drunk driver. That said however the defendant must prove on balance that the claimant knew the driver was drunk. In any event the driver will take the lions share of liability.

    We don't have juries for most civil matters either.
    I would have thought the last one is the weakest of the lot. Why should the supplier be held accountable? It is the personal decision of the driver to drive whilst drunk. Once the vendor has sold the alcohol, in my view, they are too remote from the accident to have any further control over it.

    The Civil Courts shouldn't be looking to 'nail' anyone, that is the duty of the Criminal Courts.
     
  15. joycem10

    joycem10 Deity

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    Im not talking about a passengers claim, I'm talking about the pedestrian's potential claim against a passenger. Theres a line of precedent in a couple of states, I'm thinking Massachusetts and New York, where passengers have been held liable for failing to prevent intoxicated or impaired drivers from taking the wheel. There is also one case I read in a update last year (dont remember the jurisdiction) where a passenger (via their auto carrier) was held liable for allowing an uninsured motorist to drive his car.

    Also most US states have dropped contributory negligence and moved to a comparative negligence standard.

    As to your other point, as a defense guy I tend to strongly agree but in the US the courts are too often seen as a a tool by the government and special interests. They have a willing group in the Plaintiffs' bar that is more than able to accomodate. Look at the tobacco and gun cases. Wait until the obesity cases hit in the next couple of years. Then we'll have a real circus. DUI is a big hot button issue and the courts have reacted positively to arguments made by the Plaintiffs' bar to appear hard on drunks.
     

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