Lawyers are the scum of the earth.

[Ben Kenobi]

We just received word today that very close friends of ours in Quesnel are being sued by the folks that killed their son. Their son was riding a motorcycle and was hit when the other vehicle attempted to pass a truck. The folks are now suing for the damage to their vehicle, mental stress, etc. They are claiming that the accident was entirely the fault of their son.

Now I'm not a lawyer, but this has absolutely devastated my friends. It was bad enough that they lost their 23 year old son, (he's a paramedic), but it's disgusting that they are being sued by some users who are out for a quick buck. What's the best way for them to tackle this bull****? There is no way they should be sued.

[ZEE]

they need a lawyer who is nastier, greedier, and moar bloodthirsty than the other guy.

[DanS]

Countersuit.

[Ben Kenobi]

As I said I'm not a lawyer. Anyone got any suggestions or should I just go to the yellow pages and find someone who will take on the case?

[Zkribbler]

Countersuit.

QFT. But first, have your friends contact their insurance company quickly, so that it can mount a defense. I don't know the rules there, but here in California, you only have 30 days from being served with the Summons and Complaint to file an Answer.

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.

[Asher]

I'm going to guess this happened in America.

[Arrian]

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.

-Arrian

* - I would imagine the appropriate responsive pleading would be an Answer, Affirmative Defenses & Crossclaim. All in one.

[Grandpa Troll]

As I said I'm not a lawyer. Anyone got any suggestions or should I just go to the yellow pages and find someone who will take on the case?

First:

they need a lawyer who is nastier, greedier, and moar bloodthirsty than the other guy.

Second:

Countersuit.

Just remember, when the Lawyer takes care of your friends, many will say the same thing, because a Lawyer/Attorney's job is to win and win by hitting hard,fast and continous.

Sorry to hear of this though, as you seem the type to have nice friends Ben

[snoopy369]

I don't see why you're blaming lawyers as a group, any more than one should blame all Christians for the crusades There are good people and there are bad people, and lawyers have a selection of both just like any other

[Arrian]

Lawyers are advocates. Some of them are, indeed, scum. Some are good. Most are neither... they're just people. Professional arguers.

I do wonder what went through the lawyer's head on this one, though... "hmm, let's see, you were passing a truck and you killed a motorcyclist. You want to bring a PD suit against the dead guy's family. Yeah, I'm in!"

-Arrian

[Asher]

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.

Still a ****ty thing to do to the family of the dead guy, but I'm going to bet the guy was insured and as a result, the insurance policy will pay it out. They're essentially suing the dead guy's insurance company to milk it for money. At least, that's my non-lawyerly perspective.

[Zkribbler]

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.

[Lefty Scaevola]

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!

[SlowwHand]

Anyone can sue anyone over anything, but that doesn't mean they win.
What needs to happen is what's been repeated. Get a lawyer and counter sue.
What Lefty noted makes perfect sense. I've known people to have an accident and get billed for damages to property.

[Winston]

bare with me

Not a chance.