Blaming the Victim

[Boxlicker101]

I have heard about blaming the victim, but this is taking it to extremes.

http://gma.yahoo.com/blogs/abc-blog...laughter-sues-victim-130753893--abc-news.html

 

[sr71plt]

He's claiming (from TV news) that the other car swirved in front of him and the driver of the other car slammed on his breaks. If that could be proved, then, yes, I can see that the crash wasn't his fault. Seems a more than a bit too late to bring in that claim, though. And if he can't prove it, his suit won't go anywhere.

Anyone can sue anyone else for anything in the States. There's no particular reason to hyperventilate on suits taken. Save that for case wins.

 

[TE999]

Let me get this straight ... the perp who's suing the victims family through his sister the lawyer was convicted for killing the victim with overwhelming evidence to prove his crime, is currently in the slammer on a reduced sentence due to a plea bargain and now wants 15k from the victims family for 'pain and suffering'?

His idiot sister should be disbarred for even bringing this before the court, any judge with half a brain will dismiss the suit and the perp should be given a life sentence anyway ... to hell with the plea bargain. No wonder people have such a low opinion of lawyers.

 

[LOAnnie2]

On the plus side, there won't be any way to prove it. The changing lanes aspect aside, the victim's vehicle had a recorder (it didn't seem to say in the article but that would mean it was something like a Prius or the like with the car black boxes built in) that said it was at full stop. I can't say for Florida, but many states there are certain circumstances where crashes are always considered the fault of one of the parties--rear end collisions are in many states considered the fault of the person who did the rear ending. Likewise many states have an autofault clause in the books for driving under the influence.

Given that the lawyer for the guy is family to the guy, she could actually find herself screwed in the process as well.

 

[Boxlicker101]

There were six eyewitnesses who said the victims' car was stopped at a light when the perp's car rammed it at a high rate of speed. The lawyer/sister should be at least censured and maybe worse. Hopefully, the case will be thrown out of court.

 

[sr71plt]

So, again, why all of the hyperventilating?

 

[Boxlicker101]

So, again, why all of the hyperventilating?

It's just an awful lot of chutzpah.

 

[sr71plt]

It's just an awful lot of chutzpah.

Sure it is. Worth sending your blood pressue up repeatedly, though?

 

[Spacefender]

According to a related story I saw on Yahoo he also had 2 prior DUIs and killed a pedestrian in 1994. Dude kills 4 people while driving under the influence and only spends 12 years in prison? And decides to sue the estate of one of his victims to boot?

Dousing him in gasoline and lighting him on fire wouldn't be a harsh enough punishment in my opinion.

 

[R. Richard]

According to the story, the victim was stopped, at a traffic light, when jailbird rear-ended him. The victim's car apparently had a recorder.
If the data in the news story is correct, the victim's car couldn't have suddenly changed lanes.
Thus, we have the high probabliity that the jailbird is either perjuring himself or the jailbird is insane. Since we have to assume inocence, until conviction by a jury, we're left with the conclusion that the jailbird is insane.
Treatment by repeated electroshock therapy would cure the jailbird's insanity. Why are some of you suggesting punishment for a boy who's clearly insane? Treatment, not punishment.