Update on a Bicycle Collision (Not Mine)

[XXtwindad]

I don’t want to exacerbate the “who is more culpable” debate here. The cyclist was stupid, and the driver was criminal.

I am wondering, from a legal perspective, how culpable the driver is. Can the cyclist sue her? He did (somewhat brazenly) run a red light.

[C40_guy]

Originally Posted by XXtwindad

I don’t want to exacerbate the “who is more culpable” debate here. The cyclist was stupid, and the driver was criminal.

I am wondering, from a legal perspective, how culpable the driver is. Can the cyclist sue her? He did (somewhat brazenly) run a red light.

Agreed on the first.

With regard to the second...is this the same state in which some idjit poured hot McDees coffee in their lap and then successfully sued the chain for their own stupidity?

[Alistair]

Originally Posted by XXtwindad

I am wondering, from a legal perspective, how culpable the driver is. Can the cyclist sue her? He did (somewhat brazenly) run a red light.

He did file a civil suit, not criminal, and also named the county, city, and state as well. Seems like typical ambulance-chasing stuff.

The county/city/state shouldn't be on the suit at all, unless there's something negligent about the intersection design or similar.

The woman, I can see the guy claiming that by her leaving the scene, he was subjected to additional damages (mental, etc). Not that I buy it personally.

[Alistair]

Originally Posted by C40_guy

With regard to the second...is this the same state in which some idjit poured hot McDees coffee in their lap and then successfully sued the chain for their own stupidity?

FWIW, McD's had a history of settling suits over coffee burns. And at the time, it was their policy to serve the coffee at 190*+, which is well into 3rd degree burn territory. And they were caught lying about the reason for serving coffee so hot.

https://en.wikipedia.org/wiki/Liebec...7s_Restaurants

None of which is to say holding hot coffee in your lap makes sense, but really, massive third degree burns shouldn't occur from a simple drink spill either.