Accident in Boise, Idaho
09-26-2017, 09:54 PM
#107
Drifting
Waxer,
Not to be judgemental and i'm trying to be nice in how to put this and i mean this in a nice way. I believe as an attorney, as a person - morally, you needs to know where to stop. Going after the organization is crossing the line in my eyes(for this case). I have been the plaintiff in certain law suits that 3rd parties could have been included as well and i have always asked our attorneys not to cross certain lines, morally it does not sit well with me. My attorney's wanted to go full blown on our last case and blaming the local county as at fault (bs imo). I had to restrain our attorney and tell him to put his horses in check-and morals or the door will slam him on the way out. JMO.
The driver here is at fault - and no one else (pending that the vehicle did not fall apart while driving or had a tire blow out, vehicle malfunction etc). Driver just needs to own up to it.
p.s. i know you're not the attorney of this case -
Not to be judgemental and i'm trying to be nice in how to put this and i mean this in a nice way. I believe as an attorney, as a person - morally, you needs to know where to stop. Going after the organization is crossing the line in my eyes(for this case). I have been the plaintiff in certain law suits that 3rd parties could have been included as well and i have always asked our attorneys not to cross certain lines, morally it does not sit well with me. My attorney's wanted to go full blown on our last case and blaming the local county as at fault (bs imo). I had to restrain our attorney and tell him to put his horses in check-and morals or the door will slam him on the way out. JMO.
The driver here is at fault - and no one else (pending that the vehicle did not fall apart while driving or had a tire blow out, vehicle malfunction etc). Driver just needs to own up to it.
p.s. i know you're not the attorney of this case -
09-26-2017, 09:55 PM
#108
No you do not have an obligation as a pedestrian under normal circumstances to be on high alert for cars running you over on the sidewalk. No reasonable person would expect this hightened concern.
However, if you line up along side a road that is being used as a drag strip to watch the antics you have put yourself in harms way. If the organization knows this happens or is likely to happen they have contributed to the end result also by doing nothing.
Simple.
However, if you line up along side a road that is being used as a drag strip to watch the antics you have put yourself in harms way. If the organization knows this happens or is likely to happen they have contributed to the end result also by doing nothing.
Simple.
09-27-2017, 12:14 AM
#110
Sidewalks are for pedestrians, not cars. Zero 'negligence' from pedestrians standing on the sidewalk; it's common sense, no? They took a risk, but that doesn't make it their fault, or anybody else's, other than the driver. It's like if you get bitten by a dog in a park; why would it be your fault? In both cases, it's the owner's negligence. That some lawyers go after everybody they can think of just for money is one of the embarrassments of this country.
09-27-2017, 12:33 AM
#112
Drifting
Those type of thoughts are why my close friend has stop practicing law and his words "hates attorneys".
Personal morals sometimes don't follow legal morals. What you may believe is right or wrong is not the standard. The law is the standard when litigation and legal liabilities are being weighed.
If I'm representing the plaintiff I am looking at all potential culpability based on legal standards all the way around the table. No one gets a pass. That's my job and responsibility to a client. I'm even going to assess whatever potential negligence my client may have been responsible for.
If a client wants to waive a claim against a potentially liable party they can but not without it being in writing making clear the risks that it carries. Just because you waive it doesn't mean co defendants will. Depending on how it affects the case it may even influence me to turn the case down or get out of the case if it now is a likely loser. Not into wasting time and money.
If a client wants to put his personal "morals" ahead of a meritorious claim that's fine but it will be in writing so the problem it may create for his case is his doing, not mine. Non meritorious claims should not be pursued.
If I'm representing the plaintiff I am looking at all potential culpability based on legal standards all the way around the table. No one gets a pass. That's my job and responsibility to a client. I'm even going to assess whatever potential negligence my client may have been responsible for.
If a client wants to waive a claim against a potentially liable party they can but not without it being in writing making clear the risks that it carries. Just because you waive it doesn't mean co defendants will. Depending on how it affects the case it may even influence me to turn the case down or get out of the case if it now is a likely loser. Not into wasting time and money.
If a client wants to put his personal "morals" ahead of a meritorious claim that's fine but it will be in writing so the problem it may create for his case is his doing, not mine. Non meritorious claims should not be pursued.
09-27-2017, 02:45 AM
#114
Drifting
Personal morals sometimes don't follow legal morals. What you may believe is right or wrong is not the standard. The law is the standard when litigation and legal liabilities are being weighed.
If I'm representing the plaintiff I am looking at all potential culpability based on legal standards all the way around the table. No one gets a pass. That's my job and responsibility to a client. I'm even going to assess whatever potential negligence my client may have been responsible for.
If a client wants to waive a claim against a potentially liable party they can but not without it being in writing making clear the risks that it carries. Just because you waive it doesn't mean co defendants will. Depending on how it affects the case it may even influence me to turn the case down or get out of the case if it now is a likely loser. Not into wasting time and money.
If a client wants to put his personal "morals" ahead of a meritorious claim that's fine but it will be in writing so the problem it may create for his case is his doing, not mine. Non meritorious claims should not be pursued.
If I'm representing the plaintiff I am looking at all potential culpability based on legal standards all the way around the table. No one gets a pass. That's my job and responsibility to a client. I'm even going to assess whatever potential negligence my client may have been responsible for.
If a client wants to waive a claim against a potentially liable party they can but not without it being in writing making clear the risks that it carries. Just because you waive it doesn't mean co defendants will. Depending on how it affects the case it may even influence me to turn the case down or get out of the case if it now is a likely loser. Not into wasting time and money.
If a client wants to put his personal "morals" ahead of a meritorious claim that's fine but it will be in writing so the problem it may create for his case is his doing, not mine. Non meritorious claims should not be pursued.
09-27-2017, 08:42 AM
#115
Rennlist Member
Contributory negligence hasn't been the law in the vast majority of states in what, 20-30 years? I know it is not the law in mine. The point being, most folks (see responses to this thread) are going to place at least 50% blame on the driver, NOT the bystanders. Strange tree to bark up, IMO.
09-27-2017, 09:19 AM
#116
Addict
Rennlist Member
Rennlist Member
I will admit that this thread has completely killed any interest I had in starting a C&C locally. Unfortunately we are always going to have an idiot in the group that feels the need to burnout and or show off in a way that could potentially cause harm to others. Knowing that a lawyer could point the finger back at me for someone else's stupidity regardless if it holds water or not is enough to squash that idea.
It's unfortunate though, it's one of the few venues that doesn't require attendance and offers a chance to see a variety of cool cars in one place on a regular basis and more importantly speak to the owners to learn more about the cars. I've met some great people at these events but I suspect with time they will disappear.
It's unfortunate though, it's one of the few venues that doesn't require attendance and offers a chance to see a variety of cool cars in one place on a regular basis and more importantly speak to the owners to learn more about the cars. I've met some great people at these events but I suspect with time they will disappear.
09-27-2017, 10:18 AM
#117
I agree with BryanCO, I too think F1 Crazy Driver sounds like a human of integrity. Whenever I come across one I pause as it's just not as ubiquitous as it was in my youth.
09-27-2017, 12:44 PM
#118
I will admit that this thread has completely killed any interest I had in starting a C&C locally. Unfortunately we are always going to have an idiot in the group that feels the need to burnout and or show off in a way that could potentially cause harm to others. Knowing that a lawyer could point the finger back at me for someone else's stupidity regardless if it holds water or not is enough to squash that idea.
It's unfortunate though, it's one of the few venues that doesn't require attendance and offers a chance to see a variety of cool cars in one place on a regular basis and more importantly speak to the owners to learn more about the cars. I've met some great people at these events but I suspect with time they will disappear.
It's unfortunate though, it's one of the few venues that doesn't require attendance and offers a chance to see a variety of cool cars in one place on a regular basis and more importantly speak to the owners to learn more about the cars. I've met some great people at these events but I suspect with time they will disappear.
I don't doubt that there are some C&Cs where reckless behavior may occur, but I can't believe that they are the norm and I certainly wouldn't let it deter me from attending a C&C in my area. As far as lawyers pointing fingers at others, it's what they do. Look at any list of the most hated professions in the US and lawyers will always be at or near the top. Nevertheless, I wouldn't let their potential actions deter me from participating in a C&C.
09-27-2017, 02:44 PM
#120
Banned
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Regardless, Cars & Coffees (Porsches And Pastries) has probably forever changed. It will be interesting how our local region reacts to this duing the 2018 season.
I continue to hope all those injuried people heal quickly and as fully as possible. I say this as a person hit by a car (hit & run) with the scars and surguries to prove it.
I continue to hope all those injuried people heal quickly and as fully as possible. I say this as a person hit by a car (hit & run) with the scars and surguries to prove it.