Lawyers are the scum of the earth.

[Asher]

Ted Bundy > Winston > Ben

[Ben Kenobi]

Also don't be too quick to blame the lawyer. The client could have come to them with a story of how your friends' drunken, reckless son smashed his motorcyle into them as they were innocently driving along. It's a possiblity. But you're probably right. Most likely, the lawyer is scum.

True, the lawyers aren't as scummy as the clients.

This was 9 months ago, so I really don't get why they are filing now, all of a sudden.

[Japher]

They opened their retirement account statement.

[Ben Kenobi]

I'm going to guess here -- and bare with me for this unprecedented leap -- that Ben is lying or omitting details. I'm willing to bet the motorcyclists was breaking the law in some way here. I'm going to guess he was speeding while passing, and came up so quickly that the driver didn't see him when they collided. That kind of makes sense.

Hey asher, **** off and die.

This fellow was my friend. If you have a personal issue with me, take it up elsewhere. I'm trying to get my friends some legal assistance through this bull****. If you had the merest ounce of class you would understand.

The accident was a year ago, and this fellow was the only son of these friends of our family. We grew up together and we used to visit each other all the time. I went down for the funeral and they even came up to be with us at Christmas so it wouldn't feel so alone.

[Koyaanisqatsi]

Countersuit.

that.

[Asher]

Hey asher, **** off and die.

This fellow was my friend. If you have a personal issue with me, take it up elsewhere. I'm trying to get my friends some legal assistance through this bull****. If you had the merest ounce of class you would understand.

The accident was a year ago, and this fellow was the only son of these friends of our family. We grew up together and we used to visit each other all the time. I went down for the funeral and they even came up to be with us at Christmas so it wouldn't feel so alone.

Blah blah blah, I understand you knew the guy but that doesn't mean he wasn't speeding.

I see it ALL THE TIME on the road. It's RARE to seed a motorcycle go the speedlimit, and many of them -- particularly the 23 year olds! -- drive dangerously fast. So as I said, I would not be surprised to find out he was found to be speeding or otherwise breaking some law at the time of the accident. If he did, it should be almost a slam-dunk case for the "victim" in the car (who hit the motorcyclist) to get an insurance settlement.

Your sob story doesn't detract from this,and I do note you didn't deny he was speeding anyway. He was, wasn't he? It is a very relevant legal point to know the circumstances of the accident, which you did not provide. If you had an ounce of intellect, you would understand.

[Ben Kenobi]

Obviously contact the auto insurance carrier - RIGHT AWAY. It should provide a defense of this suit, possibly including a cross-claim*. It will likely appoint counsel (if it agrees to defend, it gets to largely run the defense). I assume there was an insurance claim filed when the accident occurred. So the insurer should have a record of it.

#1 scum here are the people who initiated the suit. Assuming, of course, that the facts of the accident are as reported in the OP.

Well I wasn't there but there were plenty of witnesses to the accident. My friend was at the head of a pack of motorcycles, he was killed, and several of his friends were in a wheelchair for months.

What happened is that this was during the summer. The truck was kicking up lots of dust. The car pulled out to pass and didn't see the motorcycles, let alone any oncoming traffic until it was too late. At the time it was pretty open and shut, and that should have been the end of it. There hasn't been any new information that I am aware of which has come out since, so there really isn't any justification for the case.

Thanks Arrian. I'm trying to help my friends through it as they are just not in any shape to deal with this sort of thing right now.

[snoopy369]

Both of you, chill. Ming's looking forward to drinking heavily tonight, and I'm sure he wouldn't mind banning the both of you.

Asher, if you can't post something nice or at least neutral, don't post in this thread. Ben, I highly advise you take advantage of the 'ignore' feature.

[Asher]

Both of you, chill. Ming's looking forward to drinking heavily tonight, and I'm sure he wouldn't mind banning the both of you.

Asher, if you can't post something nice or at least neutral, don't post in this thread. Ben, I highly advise you take advantage of the 'ignore' feature.

Ben's upset because I suggested the guy may've been speeding -- which he did not deny. It's a perfectly valid point, as I'm sure you know.

FWIW, snoopy, you are not a moderator in this forum. Don't give yourself a promotion.

[Ben Kenobi]

Asher, get lost. I'm trying to get some help from the Poly legal beagles.

[Asher]

Asher, get lost. I'm trying to get some help from the Poly legal beagles.

So answer the relevant questions. Was he found to be speeding at the time? Was he drunk? Was there anything he was found legally to be at fault with here? You keep avoiding the question, and if the answer to any of these is "maybe" or "yes" then the legal advice changes dramatically here.

Your dramatics to the mere suggestion is just annoying, if not completely distracting.

[flash9286]

Did your friends sue the driver? If so I would think this would count as a counterclaim, and most counterclaims have to be filed with the original action.

Of course, I'm just a law student and probably have no idea what I'm talking about

Edit: Nevermind, seems there was no suit by your friends

[Ben Kenobi]

If the lawyer did any kind of due-diligence investigation before bringing suit, he'd have the police report, showing the accident took place on the motorcyclist's side of the road, indicating his clients were passing. Maybe he didn't have time, was lazy, or believed the clients' explanation.

But what I think happened is what's called "a race to the courthouse" - filing suit before the other party does, so that the jury hears you described as the plaintiff and therefore tends to believe you're the injured party. If that's what happened, then the lawyer is scum.

Well I'm not sure what was going through on his side of the fence either. I mean filing a suit against the family that has lost their son? I mean really. As for a race to file, I know for a fact that the family that lost their son has zero interest in filing suit, they simply wish to grieve and get on with their lives. This is the worst part is even if they countersue they still have to drag themselves through all this once again.

Edit:

Flash, nope they've not sued, no interest in suing. Far as they are concerned it was an accident. They hold no ill will to the other party until now.

[Ben Kenobi]

Ah, the good old days. I remember the case that got my dad a plaque on the wall 50 years ago. A railroad crossing case. Car driver tried to beat the train and got as smashed as you can get without dying, over 100 bone fractures. Files suit and of course claims the railroad's signals were not working, despite the witness in a car right behind him saying they were working just fine utill damaged by the accident. He would not take "a go away with our sympathy" settlement and the RR is quaking in their boots just to look at the guy and his horrible injuries and the most pain and suffring imaginable, thinking that the jury will not give a damn about the facts that caused the collision. Their regular cousel would not handle the case for some reason, so it get sent to my father. Not only does the guy not get a dime, but dads recovers a judgment to repair damage to the signal that was damaged when the train dragged his battered body across it. Take no prsioners law, yeah!

Shame you are all the way in Texas, or I'd pay you to represent them up here.

[KrazyHorse]

I'm wondering how a 23 year-old's parents are being sued for the actions of their son.