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do the survivors have a civil suit case??

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huckfinn

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They may.....but why.

It won't bring the person back, nor relieve the grieving.

My Mom passed away in a seniors home, partly to do with negligence on their part. A close friend advised my family could sue.

We didn't....no point....its not going to change the situation, and I suspect the driver is not going to soon forget. Even if you sued, it wouldn't change that either.
 
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thumper18474

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huckfinn said:
They may.....but why.

It won't bring the person back, nor relieve the grieving.

My Mom passed away in a seniors home, partly to do with negligence on their part. A close friend advised my family could sue.

We didn't....no point....its not going to change the situation, and I suspect the driver is not going to soon forget. Even if you sued, it wouldn't change that either.
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if you use that stream of logic then why bother charging him in the first place?
sending him to jail wont bring her back either..
 
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sempel

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Probably can sue for wrongful death. The payee would probably be the driver's auto insurance. Need a lawyer to know how it all works. Though civil cases are different than criminal - he may have been found not guilty in the criminal sense but civilly he could be found guilty.
 
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thumper18474

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sempel said:
Probably can sue for wrongful death. The payee would probably be the driver's auto insurance. Need a lawyer to know how it all works. Though civil cases are different than criminal - he may have been found not guilty in the criminal sense but civilly he could be found guilty.
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did someone say O.J.?
 
C

CANTO

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I think the Crown over charged in this case. If they had charged him with careless driving under the highway traffic act he would probably have been convicted. However, by trying to pin a criminal charge on him when the evidence didn't support it they wound letting him get off the hook completely. In terms of a civil suit the family probably has a good case against the driver as the accident was still his fault, even if his actions didn't rise to the level of a criminal offence. That having been said the driver's liability insurance would probably cover any damages won, so it wouldn't really punish him directly.
 
drstrangelove

drstrangelove

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He travelled 20 metres down the sidewalk before he hit the pedestrian. Why didn't he hit the breaks as soon as he mounted the curb? That should have gotten his attention and awakened him from his "momentary lack of attention."
 
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Jasmine Raine

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drstrangelove said:
He travelled 20 metres down the sidewalk before he hit the pedestrian. Why didn't he hit the breaks as soon as he mounted the curb? That should have gotten his attention and awakened him from his "momentary lack of attention."
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Bingo!

They want to talk about 'natural' reactions... this would be it.
 
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nottyboi

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CANTO said:
I think the Crown over charged in this case. If they had charged him with careless driving under the highway traffic act he would probably have been convicted. However, by trying to pin a criminal charge on him when the evidence didn't support it they wound letting him get off the hook completely. In terms of a civil suit the family probably has a good case against the driver as the accident was still his fault, even if his actions didn't rise to the level of a criminal offence. That having been said the driver's liability insurance would probably cover any damages won, so it wouldn't really punish him directly.
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They DEFINITELY overcharged in this case... and no surprise, a young black man gets the book thrown at him when we have seen MANY other similar cases walk with a $1000 fine. It shows the extreme racism of police and the justice system IMHO. Its extremely sad, IMHO he should at least be banned from driving for 5 years but the ordeal of this trial is already so huge its fair to let him walk at this point. There really is no such thing as justice in these situations. All sides are permanently damaged. Who has not made a mistake driving, that if circumstances were slightly different, would have led to absolute carnage!!!
 
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nottyboi

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drstrangelove said:
He travelled 20 metres down the sidewalk before he hit the pedestrian. Why didn't he hit the breaks as soon as he mounted the curb? That should have gotten his attention and awakened him from his "momentary lack of attention."
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That takes 1.3 seconds at 52KPH and as was testified in court, typical human reaction is 1.1 seconds so he still could not stop in time. What may have saved her is an auto braking system like the Subaru Eyesight system.
 
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sempel

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nottyboi said:
They DEFINITELY overcharged in this case... and no surprise, a young black man gets the book thrown at him when we have seen MANY other similar cases walk with a $1000 fine. It shows the extreme racism of police and the justice system IMHO. Its extremely sad, IMHO he should at least be banned from driving for 5 years but the ordeal of this trial is already so huge its fair to let him walk at this point. There really is no such thing as justice in these situations. All sides are permanently damaged. Who has not made a mistake driving, that if circumstances were slightly different, would have led to absolute carnage!!!
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Really? Playing the race card? Bottom line, this guy was reckless and his actions resulted in death. Should he not be charged? The Crown erred by bringing charges that require intent which I don't think anyone would ever think was the case - he didn't intend to run over the lady and kill her. He made an error in judgement that resulted in a death. The other thing is sometimes the Crown likes to set an example. Had he been convicted and sent to prison, I'm sure many people would think twice about doing things that take their eyes off the road. This particular situation has nothing to do with race.

I know there is definitely racism that persists, especially against black and indigenous people. I'm not denying that is the general case. But it shouldn't be thrown out as a factor every single time.
 
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nottyboi

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sempel said:
Really? Playing the race card? Bottom line, this guy was reckless and his actions resulted in death. Should he not be charged? The Crown erred by bringing charges that require intent which I don't think anyone would ever think was the case - he didn't intend to run over the lady and kill her. He made an error in judgement that resulted in a death. The other thing is sometimes the Crown likes to set an example. Had he been convicted and sent to prison, I'm sure many people would think twice about doing things that take their eyes off the road. This particular situation has nothing to do with race.

I know there is definitely racism that persists, especially against black and indigenous people. I'm not denying that is the general case. But it shouldn't be thrown out as a factor every single time.
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Yes he should be charged, but to throw this charge at this kid, when so many have been charged for much, much less, well WHY?

Some guy killed small girl turning right and got community service......yes he was white
 
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youwontknow

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The judge wants to avoid looking like a racist so he/she let him go. So sad that our society has sink this low.
 
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TeeJay

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west gta
Jessica Rain said:
Bingo!

They want to talk about 'natural' reactions... this would be it.
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drstrangelove said:
He travelled 20 metres down the sidewalk before he hit the pedestrian. Why didn't he hit the breaks as soon as he mounted the curb? That should have gotten his attention and awakened him from his "momentary lack of attention."
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:doh:

20 metres = 65 feet

Do not know what vehicle you drive but you obviously do not understand braking distances
He was only driving a maximum of 45KM/h (probably less since his reaction was delayed according to his own testimony)

Cars do not actually stop on a dime once the brake pedal is pushed

 
C

CANTO

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There have been a number of stories in the press, like the one I've linked to below, criticizing the courts for being too soft on drivers who cause fatal accidents. I think the Crown was facing political pressure to make an example of someone which is why they tried to proceed with a criminal charge in this case. Still that is no excuse for over charging someone, the Crown needs to apply the law correctly even if it is not popular.

https://www.thestar.com/news/pedest...accidents-often-punished-with-small-fine.html
 
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nottyboi

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CANTO said:
There have been a number of stories in the press, like the one I've linked to below, criticizing the courts for being too soft on drivers who cause fatal accidents. I think the Crown was facing political pressure to make an example of someone which is why they tried to proceed with a criminal charge in this case. Still that is no excuse for over charging someone, the Crown needs to apply the law correctly even if it is not popular.

https://www.thestar.com/news/pedest...accidents-often-punished-with-small-fine.html
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Yup and they chose a young black man to throw the book at. WHAT A COINCIDENCE!!!
 
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