Settlement in Texting MC crash Bikers lost legs

**rickmillertx** · 08-21-2012, 08:18 PM

http://www.foxnews.com/us/2012/08/21...ettle-lawsuit/

Insurance company pays. The driver should pay. I personally don't think the non driver in the texting should be liable.

Now the driver can say "Wow, sure glad I had insurance!"

RxZ · 08-21-2012, 08:54 PM

Sad news for the riders, but most of that article is talking about the lawyer going after the girlfriend of the guy texting

The lawyer's reasoning being that she should have known that he was driving and therefore shouldn't have been texting him. I am all for the lawyer going after the guy who made the conscious decision to drive and text, but going after the people he was texting with???? It was the driver's decision to pick up the phone and read/reply to the text, not the girlfriend's.

**h2000fb** · 08-21-2012, 08:57 PM

Pull his license and make him pay something for the next 3-5 years. Anything, just so he has some inconvenience for awhile. Basically he got off with no reprimand. Speaking to area schools!!!

Yeah, big punishment.

Going after the girlfriend? No way. Just looking for easy money without any thought to what is right and thought the girlfriend would be easy pickings. Easy pickings... the article just said they settled for the insurance limits.

What I don't understand is they did not at least tacked on some sort of payment that would have inconvenienced the driver. Not talking about ruining the kid, just some lingering small payment for a while. Something his parents are NOT allowed to pay. OR, maybe he has to work 15 hours a week for next 3 years for the city or some charity. Something.

tshelfer · 08-21-2012, 09:15 PM

You can sue anybody. That doesn't mean you'll win. And I don't expect their lawsuit against the girl will go anywhere. There's a fairly good chance a judge will rule the case is frivolous and throw it out.

As for the kid and his insurance - like it or not, that's what insurance is for. This wasn't a criminal court; it was a civil lawsuit. A settlement doesn't make anybody "guilty" of anything; it only means there was a settlement.

**h2000fb** · 08-21-2012, 09:18 PM

The article said the judge said NO to suing the girl.

tshelfer · 08-21-2012, 09:30 PM

I missed that detail. Good for the judge.

As for the kid, this was a civil action. There is probably a pending action for the accident. I wonder if he was charged with a felony, due to the nature of the accident. If so, that judge could lever some financial pain, as well as jail time, on the kid.

mbrew · 08-22-2012, 08:19 AM

I can't believe he didn't even get his license suspended.

tshelfer · 08-22-2012, 08:28 AM

Oh yeah. Just saw that last paragraph. His punishment was - $775 in fines, and order to speak at 14 high schools on the dangers of texting while driving. That would be $387.50 a leg. Yeah, he got off easy.

TwoSmokeDS · 08-23-2012, 11:05 AM

$500,000 insurance. That much coverage? Must be a rich kid. Daddy can afford good lawyers.

MotoTex · 08-23-2012, 11:28 AM

I just hope that settlement is only for damages, and separate from the medical costs that the insurance company should also be paying. Otherwise the surgery, physical therapy, occupational therapy, prosthesis, etc., for two persons, will likely eat up most of that pretty quick.

DaveAlvarado · 08-23-2012, 11:42 AM

Quote:

Originally Posted by tshelfer

Oh yeah. Just saw that last paragraph. His punishment was - $775 in fines, and order to speak at 14 high schools on the dangers of texting while driving. That would be $387.50 a leg. Yeah, he got off easy.

Actually it was $250k per leg. The $775 I'm sure went to the city for the tickets he was written.

tobimaru · 08-23-2012, 12:29 PM

I value my leg a lot higher than $500,000. ****, if they split it that's only $250,000 each! I wouldn't be happy at all about that.

**h2000fb** · 09-02-2012, 08:23 PM

Problem is they won't get $500,000. The attorney will probably get 35% PLUS expenses. Meaning, they only receive $300,000.

**Monkey Wrench Cycles** · 09-02-2012, 10:17 PM

Quote:

Originally Posted by MotoTex

I just hope that settlement is only for damages, and separate from the medical costs that the insurance company should also be paying. Otherwise the surgery, physical therapy, occupational therapy, prosthesis, etc., for two persons, will likely eat up most of that pretty quick.

That is total. Most full coverage policies cover $250k per person limit so I assume that's where the combined $500k came from. Either way the victim is stuck with the medical bills even if they are over what he received in the settlement. The fact that they settled with insurance means NO civil suit can be brought against the guy since you sign a waiver when you settle that releases the party from any further damages or action... He got 20 times more than I did for losing my leg so he got out alright...

Tattoogunman · 09-03-2012, 11:52 AM

That's always the problem in cases like this. I was in law enforcement for 16 years and you're fairly limited to what you can do, especially with regards to accidents. The last department that I worked for was in Maryland (right before I quite about a year ago). Right as I was leaving, Maryland passed a texting/talking on cellphone ticket. Guess how much? $25.00 The kicker was that it was a secondary offense. This meant that unless I had them or something else traffic related (brake light, whatever), I couldn't even pull them over for it - what's the point in that? I think they were going to change that, but I'm not sure.

XRSDD74 · 09-05-2012, 07:37 PM

I was recently took out by a guy that never saw me. As a result of the accident I have a broken back and foot. As I was laying on the ground the guy that hit me was standing there. I said a few choice words to him. I was mad at him and wanted to thump a not on his head, but as I laid there and calmed down I forgave him, shook his hand and told him it was ok. I thought about how that could have been me that took out a rider. This whole experience has opened my eyes. I think we are all guilty of not paying attention while driving. I know I am.

**h2000fb** · 09-05-2012, 10:22 PM

Don't shoot me,

but personally I think all cell phone carriers should prevent phones from recieving voice or text if the phone is in motion.

It would not bother me if phones only received if not in motion. Think of all the accidents and/or near accidents that would prevent.

**Monkey Wrench Cycles** · 09-05-2012, 11:25 PM

Quote:

Originally Posted by h2000fb

Don't shoot me,

but personally I think all cell phone carriers should prevent phones from recieving voice or text if the phone is in motion.

It would not bother me if phones only received if not in motion. Think of all the accidents and/or near accidents that would prevent.

If it's not cell phones, it's fast food, or the next distraction... It's not the txt, it's the people and there will ALWAYS be stupid people...

08-21-2012, 08:18 PM	#1
rickmillertx Forum Supporter Join Date: Feb 2005 Location: Dallas Posts: 2,135	Settlement in Texting MC crash Bikers lost legs http://www.foxnews.com/us/2012/08/21...ettle-lawsuit/ Insurance company pays. The driver should pay. I personally don't think the non driver in the texting should be liable. Now the driver can say "Wow, sure glad I had insurance!" __________________ Ride while you can! 2006 Ducati ST3s AMA Member http://www.fredericky.com/mybike.htm

08-21-2012, 08:54 PM	#2
RxZ Join Date: Sep 2008 Location: Tyler Posts: 574	Re: Settlement in Texting MC crash Bikers lost legs Sad news for the riders, but most of that article is talking about the lawyer going after the girlfriend of the guy texting The lawyer's reasoning being that she should have known that he was driving and therefore shouldn't have been texting him. I am all for the lawyer going after the guy who made the conscious decision to drive and text, but going after the people he was texting with???? It was the driver's decision to pick up the phone and read/reply to the text, not the girlfriend's. __________________ 2002 Yamaha FZ1

08-21-2012, 08:57 PM	#3
h2000fb Forum Supporter Join Date: Nov 2006 Location: Crawford, TX Posts: 1,394	Re: Settlement in Texting MC crash Bikers lost legs Pull his license and make him pay something for the next 3-5 years. Anything, just so he has some inconvenience for awhile. Basically he got off with no reprimand. Speaking to area schools!!! Yeah, big punishment. Going after the girlfriend? No way. Just looking for easy money without any thought to what is right and thought the girlfriend would be easy pickings. Easy pickings... the article just said they settled for the insurance limits. What I don't understand is they did not at least tacked on some sort of payment that would have inconvenienced the driver. Not talking about ruining the kid, just some lingering small payment for a while. Something his parents are NOT allowed to pay. OR, maybe he has to work 15 hours a week for next 3 years for the city or some charity. Something. __________________ "Try and Fathom the hypocrisy of a Government that requires every citizen to prove they are insured ... but not everyone prove they are a citizen"! "The world is a dangerous place to live, not because of the people who are evil, but because of the good people who don't do anything about it." -Albert Einstein .... and that's why we are in the mess we're in today. Tom 05 R1200RT BMW 08 KLR650 Kawasaki 74 GT550L Suzuki

08-21-2012, 09:15 PM	#4
tshelfer Join Date: Sep 2009 Location: Arlington Posts: 4,936	Re: Settlement in Texting MC crash Bikers lost legs You can sue anybody. That doesn't mean you'll win. And I don't expect their lawsuit against the girl will go anywhere. There's a fairly good chance a judge will rule the case is frivolous and throw it out. As for the kid and his insurance - like it or not, that's what insurance is for. This wasn't a criminal court; it was a civil lawsuit. A settlement doesn't make anybody "guilty" of anything; it only means there was a settlement. __________________ Tim in Arlington '05 Suzuki V-Strom 650 Preach the gospel. And if necessary, use words - Francis of Assisi

08-21-2012, 09:18 PM	#5
h2000fb Forum Supporter Join Date: Nov 2006 Location: Crawford, TX Posts: 1,394	Re: Settlement in Texting MC crash Bikers lost legs The article said the judge said NO to suing the girl. __________________ "Try and Fathom the hypocrisy of a Government that requires every citizen to prove they are insured ... but not everyone prove they are a citizen"! "The world is a dangerous place to live, not because of the people who are evil, but because of the good people who don't do anything about it." -Albert Einstein .... and that's why we are in the mess we're in today. Tom 05 R1200RT BMW 08 KLR650 Kawasaki 74 GT550L Suzuki

08-21-2012, 09:30 PM	#6
tshelfer Join Date: Sep 2009 Location: Arlington Posts: 4,936	Re: Settlement in Texting MC crash Bikers lost legs I missed that detail. Good for the judge. As for the kid, this was a civil action. There is probably a pending action for the accident. I wonder if he was charged with a felony, due to the nature of the accident. If so, that judge could lever some financial pain, as well as jail time, on the kid. __________________ Tim in Arlington '05 Suzuki V-Strom 650 Preach the gospel. And if necessary, use words - Francis of Assisi

08-22-2012, 08:19 AM	#7
mbrew Join Date: Nov 2007 Location: Rendon TX Posts: 1,743	Re: Settlement in Texting MC crash Bikers lost legs I can't believe he didn't even get his license suspended. __________________ Mike Brewster '01 Kawasaki KLR 650 '95 Kawasaki Concours '82 Yamaha XJ650R Seca Sold '74 Kawasaki H1 500 Sold "Any intelligent fool can make things bigger and more complex... It takes a touch of genius --- and a lot of courage to move in the opposite direction." - Albert Einstein

08-22-2012, 08:28 AM	#8
tshelfer Join Date: Sep 2009 Location: Arlington Posts: 4,936	Re: Settlement in Texting MC crash Bikers lost legs Oh yeah. Just saw that last paragraph. His punishment was - $775 in fines, and order to speak at 14 high schools on the dangers of texting while driving. That would be $387.50 a leg. Yeah, he got off easy. __________________ Tim in Arlington '05 Suzuki V-Strom 650 Preach the gospel. And if necessary, use words - Francis of Assisi

08-23-2012, 11:05 AM	#9
TwoSmokeDS Join Date: Dec 2007 Location: Clear Lake Posts: 2,125	Re: Settlement in Texting MC crash Bikers lost legs $500,000 insurance. That much coverage? Must be a rich kid. Daddy can afford good lawyers.

08-23-2012, 11:28 AM	#10
MotoTex Join Date: Jan 2011 Location: Hangin' out at the "bars" Posts: 785	Re: Settlement in Texting MC crash Bikers lost legs I just hope that settlement is only for damages, and separate from the medical costs that the insurance company should also be paying. Otherwise the surgery, physical therapy, occupational therapy, prosthesis, etc., for two persons, will likely eat up most of that pretty quick. __________________ CURRENT BIKES: '00 Suzuki DRZ400E-Plated; '04 KTM 950 Adventure; '13 Triumph Tiger 800XC

08-23-2012, 12:29 PM	#12
tobimaru Join Date: Mar 2012 Location: Texas Posts: 50	Re: Settlement in Texting MC crash Bikers lost legs I value my leg a lot higher than $500,000. ****, if they split it that's only $250,000 each! I wouldn't be happy at all about that. __________________ SS750

09-02-2012, 08:23 PM	#13
h2000fb Forum Supporter Join Date: Nov 2006 Location: Crawford, TX Posts: 1,394	Re: Settlement in Texting MC crash Bikers lost legs Problem is they won't get $500,000. The attorney will probably get 35% PLUS expenses. Meaning, they only receive $300,000. __________________ "Try and Fathom the hypocrisy of a Government that requires every citizen to prove they are insured ... but not everyone prove they are a citizen"! "The world is a dangerous place to live, not because of the people who are evil, but because of the good people who don't do anything about it." -Albert Einstein .... and that's why we are in the mess we're in today. Tom 05 R1200RT BMW 08 KLR650 Kawasaki 74 GT550L Suzuki

09-03-2012, 11:52 AM	#15
Tattoogunman Join Date: Dec 2011 Location: Plano Posts: 222	Re: Settlement in Texting MC crash Bikers lost legs That's always the problem in cases like this. I was in law enforcement for 16 years and you're fairly limited to what you can do, especially with regards to accidents. The last department that I worked for was in Maryland (right before I quite about a year ago). Right as I was leaving, Maryland passed a texting/talking on cellphone ticket. Guess how much? $25.00 The kicker was that it was a secondary offense. This meant that unless I had them or something else traffic related (brake light, whatever), I couldn't even pull them over for it - what's the point in that? I think they were going to change that, but I'm not sure. __________________ The ideas expressed on this site are solely the opinions of the author and do not necessarily represent the opinions of others - that's why it's called an opinion.

09-05-2012, 07:37 PM	#16
XRSDD74 Join Date: Jan 2010 Location: Telephone Tx Posts: 120	Re: Settlement in Texting MC crash Bikers lost legs I was recently took out by a guy that never saw me. As a result of the accident I have a broken back and foot. As I was laying on the ground the guy that hit me was standing there. I said a few choice words to him. I was mad at him and wanted to thump a not on his head, but as I laid there and calmed down I forgave him, shook his hand and told him it was ok. I thought about how that could have been me that took out a rider. This whole experience has opened my eyes. I think we are all guilty of not paying attention while driving. I know I am. __________________ 09 XR650L

09-05-2012, 10:22 PM	#17
h2000fb Forum Supporter Join Date: Nov 2006 Location: Crawford, TX Posts: 1,394	Re: Settlement in Texting MC crash Bikers lost legs Don't shoot me, but personally I think all cell phone carriers should prevent phones from recieving voice or text if the phone is in motion. It would not bother me if phones only received if not in motion. Think of all the accidents and/or near accidents that would prevent. __________________ "Try and Fathom the hypocrisy of a Government that requires every citizen to prove they are insured ... but not everyone prove they are a citizen"! "The world is a dangerous place to live, not because of the people who are evil, but because of the good people who don't do anything about it." -Albert Einstein .... and that's why we are in the mess we're in today. Tom 05 R1200RT BMW 08 KLR650 Kawasaki 74 GT550L Suzuki

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