Discussion in 'Up to the Minute' started by lisser, Apr 26, 2014.
Here's another link
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.
Yeah, riding in the middle of a dark road at 1:30 AM!
I don't blame her for filing a counter suit.
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.
Before I knew more about the reasoning, I was livid. I only watched a short video about the woman suing the families, and I couldn't believe that she would be so horrible. Now that I see more of the facts, I can't say I blame her. She'll live that exact moment in her head for the rest of her life.
I do have some questions? Was she ever given a traffic citation for the accident? Meaning, was she found at fault?
I see the families are saying that she may have been intoxicated or texting, but that there is no proof of that. Why would they accuse this woman of something without proof? I think that it would be protocol to do some testing for sobriety in any fatal accident, right? Especially that late.
Speaking of... why were the boys out that late at night? Were they tested for intoxication? It's a fair question if the families are accusing this woman of being intoxicated without proof.
Please don't think I am putting blame on the victim or the other boys injured, but it appears this woman may be just as much a victim and it seems like the families are hell bent on making her the monster in all of this. It appears that they filed lawsuits against her first and she is countersuing.
There really are no winners here. I feel bad for all involved, but if this woman was not found at fault for the accident and the families are accusing her of the things they are accusing her of without proof... I think she is 100% right in her countersuit.
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?
Well, it should be easy enough to prove whether or not she was texting. Phone records. I do need to know if she was given a sobriety test though. I don't know if it is mandatory in fatal accidents, but it should be. Not accusing the woman of being intoxicated, but I think she should have been. At least she would have had the proof she needed to protect her against exactly what is happening now. Hopefully she was given one and even if she wasn't, I am sure the responding officers will give their reasons for not issuing one. The main reason would be that she showed no signs of intoxication. I just hope that will be enough.
You seem to know more about the case. Was she given a traffic citation? Or was she found not to be at fault? Do you know?
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.
Okay. I just read more about the case (should have done that in the first place - DUH!!). She was exonerated of any fault in the accident after LE was finished with its investigation.
I can only imagine the amount of grief this family is feeling. They've lost a child. But it does seem that they are trying to find anything or anyone to blame for this tragic accident. So much so that they are slandering an innocent woman and very publicly at that. That's not right.
IF I was a Judge... I would probably dismiss both cases although I am more inclined to give the driver some sort of settlement for the slander.
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 to admit I took the article at face value too. I think both sides should drop the lawsuits. Seems that they are all victims of a tragic accident.
Oh, I've had my share of run-ins with kids doing this exact thing. I lost my temper once and actually rolled down my window and told them I WOULD hit them with my car. Oh, I got all kinds of f-bombs, and middle fingers. I was really hoping one would have touched my car so I could actually get them charged with something.
We had these twin boys that lived in my apartment complex once. Terrors at 7-years-old. I would hear them cursing out and threatening adults all the time. It was horrific. Especially when they would do this to elderly people. They literally had no supervision. Ran around without any care in the world and they actually got a pack of kids to follow them around and gang up on people. They finally ran into me one day though and it wasn't pretty!!
I was backing out of my parking spot and one of the twins jumped on the back of my car. HARD! I immediately threw the car in park and jumped out of my car. I was livid!! Both were there and I know it scared the crap out of them when I jumped out of my car (I'm only 5'0 :blushing. I was not playing with them. I immediately told the twin who didn't jump on my car to go and get his parents or I was calling the cops. Luckily, my neighbor was actually a cop and came outside. I will admit... I was SCREAMING at these kids and a lot of people came outside. The cop knew all about these two boys and told me to play it cool. He was going to do something. He called a friend who was on duty to come over with a marked vehicle. That way, it might spark some real panic into the kids. The parents did come running. My neighbor (the cop) talked to the parents, but it wasn't too long before other neighbors got involved and started telling the parents their own stories of their own run ins with the boys. I'll admit the boys were petrified, but honestly, it was the best thing that could have happened to them... and their parents who didn't watch over them.
One day, I was in my garage going through things and the twins came walking by. They literally came into my garage and were saying how cool this was or that was... They were sweet as pie. Well behaved and I had no problem talking with them and letting them dig through my hoarding habit. I even allowed them each to take one thing they liked. We never had a problem with them again.
Oh, I have more stories, but I don't want to ramble on. I don't take their crap though. Neither should you or anyone else.
A similar lawsuit was filed by a driver who struck and killed a volunteer firefighter in Iowa and it was tossed by the Judge.
That does seem odd to me, but if I were to guess... she was showing no signs of impairment and officers had no reason to want to test her. I do think it should be mandatory in all fatal accidents, but that's just me. I wish they had though. Just to protect HER now from these allegations. Unjustified ones, IMO.
If I'm doing my math correctly (and I am really bad at math) it appears she wasn't even going 10mph over the speed limit? Heck... it is like 6mps over the speed limit. Hardly criminal.! It appears that 80kmp is 49.7mph and 90kmp is 55.9. I would assume in mph terms, the speed limit would have been 50mph and she was going 56mph. Speeding, in the legal sense of the word... but I know most cops would NOT pull you over for that if you passed them. Unless they were really strict.
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.
On the eve of the early morning accident, the boys rode their bicycles from Alcona to the Tim Hortons near Hwy. 400, a favourite hangout for the Nantyr Shores Secondary School students.
They were struck on a long, low-lying stretch of road between Sideroad 10 and Yonge Street at about 1:35 a.m. after leaving Tim Hortons.
At the time of the crash, Ms Simon was being followed by her husband Const. Jules Simon. They were on their way to the their Alcona home from a Halloween party.
But, the driver didn't leave the scene of the accident in this case. The driver in the case you cited should, at the very least, be charged with negligent homicide. It is a crime to leave the scene of any accident. One causing death is negligent homicide. They may not be able to prove DUI homicide because she fled the scene, but she surely CAN and SHOULD be charged with negligent homicide. The sentencing really doesn't make that much of a difference. It's practically the same sentencing guidelines.
Has she been charged with anything? If she hasn't... then I would be pressuring why? You have a right to question it.
The two cases are totally different though.
ETA: If I may ask... how do you know the driver was impaired by drugs when the accident happened? What drugs and how do you know? Did she confess? It was proven? How?
Good article, has lots of information.
Mr. Majewski and his ex-wife, Venetta Mlynczyk, have lingering questions about the quality of the investigation.
They particularly believe that the boys were blamed for the accident that killed Brandon — that it was their fault because only two of the bikes had what the police called “minimal reflectors,” because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren’t wearing helmets.
As Mr. Majewski put it, “They’re kids; they’re allowed to make a mistake.”
Separate names with a comma.