The Conservative Cave

Current Events => General Discussion => Topic started by: thundley4 on April 12, 2009, 12:02:12 PM

Title: Pettis County family sues driver in ATV accident
Post by: thundley4 on April 12, 2009, 12:02:12 PM
Quote
SEDALIA , MO.— The family of a 10-year-old Pettis County girl who died after her all-terrain vehicle collided with a pickup truck in Sedalia last year has sued the truck's driver.

The Missouri State Highway Patrol says Jordan Keith was driving the ATV off the road when she drove in front of a pickup just west of U.S. 65. She was thrown off the vehicle and later died at a hospital from her injuries.

The truck's driver, 61-year-old Richard L. Robertson of Sedalia, wasn't charged in the accident. Law enforcement officials said they determined Jordan swerved out in front of Richardson and he couldn't stop in time.

But Jordan's parents, Michael and Lesli Keith, filed a wrongful death lawsuit, accusing Robertson of being negligent and failing to drive more carefully or sound a warning to Jordan as he drove near her.
Link (http://www.columbiamissourian.com/stories/2009/04/11/family-sues-driver-atv-accident/)

This is not surprising considering that our justice system allows criminals to sue their victims.  :banghead:  I feel sorry for the family, but someone should have been with the girl and not allowed her near the highway.
Title: Re: Pettis County family sues driver in ATV accident
Post by: Flame on April 12, 2009, 12:06:59 PM
So he should have sounded a warning for her driving near him?  Hello?  Personal responsiblilty anyone?  Good grief.  Yes, it's a sad sad situation, but if anyone is o blame, it's the parents, for allowing her to ride in an unsafe area and not teaching her to be aware of what's around when she's riding.
Title: Re: Pettis County family sues driver in ATV accident
Post by: Texacon on April 12, 2009, 01:23:08 PM
I just finished a law suit in MO for a motorcycle accident we had up there in 2005 while riding back to Texas from North Carolina.  The car coming at us from the other direction was across the center line in a curve.  He hit the motorcycle directly in front of me head on at 50 miles per hour.  Three out of the six of us riding went down of which I was one. 

The guy in the car sued all 6 of us with one of the reasons cited being we didn't sound a warning.  Out of the six of us sued only ONE was sued successfully and one of us counter sued.  The counter suit was won and it is all a distant memory.

KC
Title: Re: Pettis County family sues driver in ATV accident
Post by: thundley4 on April 12, 2009, 01:25:23 PM
I just finished a law suit in MO for a motorcycle accident we had up there in 2005 while riding back to Texas from North Carolina.  The car coming at us from the other direction was across the center line in a curve.  He hit the motorcycle directly in front of me head on at 50 miles per hour.  Three out of the six of us riding went down of which I was one. 

The guy in the car sued all 6 of us with one of the reasons cited being we didn't sound a warning.  Out of the six of us sued only ONE was sued successfully and one of us counter sued.  The counter suit was won and it is all a distant memory.

KC

If it had been a semi truck instead of a group of motorcycles, his family would have had to sue.  Still, he should have been found at fault and won nothing.
Title: Re: Pettis County family sues driver in ATV accident
Post by: Texacon on April 12, 2009, 01:37:12 PM
If it had been a semi truck instead of a group of motorcycles, his family would have had to sue.  Still, he should have been found at fault and won nothing.

You would be amazed at what a 700# Harley will do to a Ford Escort at a combined speed of 100 miles per hour.    :o

The only reason he won anything was because the MO State Highway Patrolman who walked out into the highway and pointed to a spot between the double yellow lines and said "THIS is the point of impact, you can tell because the bike dipped down and left this divot".  He told this to the 3 who didn't go down while the rest of us were on our way to the hospital.  3 in ambulances (2 bike riders and the car driver) and one via Life Flight helicopter (the biker who hit the car).

When the accident report came in the point of impact was changed due to a non witness testimony (amazed the hell out of me).  A guy in a pickup who passed us before the accident called in after he heard about the accident on the radio.  He told the Highway Patrol that he ALMOST saw the accident (yes, that term is used in the official accident report) and that he knew something bad was going to happen because all the bikers were "Lined up like ducks on the yellow line". 

For the record; We were riding in typical staggered formation with 2 seconds between the bikes in each line.  We were doing 50 mph (one of the bikes that went down had a speedometer stuck at 50 at the point of impact) in a 55 mph curve.  Douche bag cage driver was entirely in the wrong.  I was the only witness to the whole thing.  I watched up until the biker who hit the car pushed his handle bars forward then I tried to take the ditch.  At the deposition I was the only one who knew exactly where the bike hit the car and where they were.

KC
Title: Re: Pettis County family sues driver in ATV accident
Post by: Gratiot on April 12, 2009, 08:37:52 PM
Saddened over the unfortunate death of a child.  Yet angered by some parents, whom were at fault for their child's death.  Placing the blame on an innocent man.

The family of a 10-year-old Pettis County girl who died after her all-terrain vehicle collided with a pickup truck in Sedalia last year has sued the truck's driver.

The truck's driver, 61-year-old Richard L. Robertson of Sedalia, wasn't charged in the accident. Law enforcement officials said they determined Jordan swerved out in front of Richardson and he couldn't stop in time.


Shockingly, not from Florida (http://www.columbiamissourian.com/stories/2009/04/11/family-sues-driver-atv-accident/)

I'd almost wish that the truck driver could file a wrongful death lawsuit against the parents, as well over emotional trauma that their negligence caused him.  But in the end, I'm just sad, sigh.
Title: Re: Pettis County family sues driver in ATV accident
Post by: Eupher on April 12, 2009, 08:41:22 PM
I think it's pretty clear that the tort lawyers got hold of this and encouraged a grieving family to demonize the truck driver.

Title: Re: Pettis County family sues driver in ATV accident
Post by: Gratiot on April 12, 2009, 08:43:06 PM
Tex, I'm thankful that you all lived.  That was purely by the grace of God, those types of crashes are never good. 
Title: Re: Pettis County family sues driver in ATV accident
Post by: Texacon on April 13, 2009, 01:09:21 PM
Tex, I'm thankful that you all lived.  That was purely by the grace of God, those types of crashes are never good. 

Yup.  God was there.  The guy who hit the car was pretty messed up and is basically still recovering but we all survived and have testimony about how Awesome our God is!

KC