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1
Posted on 9/19/23 at 8:01 pm to Alt26
quote:
Overboard? The driver is the one who hit and ultimately killed her. No different than if you were hit by another driver in an accident. Now, whether or not he was negligent is for the judge/jury to decide. But if I'm naming defendants the Lyft driver is the very first one
This post got a ton of downvotes but is legally spot on and in a comparative negligence state. I hate that he did it too, it's not right for the driver, but the insurer for Lyft will offer some money to add to the pot.
Posted on 9/19/23 at 8:04 pm to boosiebadazz
quote:
Every lawsuit in the courthouse is frivolous except your own. That’s a tale as old as time.
I just don’t think it’s super rare.
Posted on 9/19/23 at 8:05 pm to tgrbaitn08
quote:Have and also come from a fly of attorneys -not that that matters.
Boy I can tell you’ve never served on a jury
Driver will never be found at fault for this- cause it’s not his fault. Time will prove this and you will see how correct I am.
And stop putting words in my mouth.
Posted on 9/19/23 at 8:05 pm to dallastigers
quote:
If not involved is doing this lawsuit against anyone possible on his own and filing first a way to make sure he is included in any future lawsuit or settlement being discussed or planned by the mom and brothers?
I’ve often wondered this. Not about this case, but speaking in general, how does this work in a divorce situation? Do both parents have equal standing if separate suits are filed? Is it a question of whose attorney is faster or better at getting to the insurers?
If an insurer only has so much to go around, is it based on who files first? Which relatives have priority to sue?
Please explain to us OT non- lawyer types…
Posted on 9/19/23 at 8:06 pm to Quatrepot
quote:
Driver will never be found at fault for this- cause it’s not his fault. Time will prove this and you will see how correct I am.
No one is blaming the driver
You’re the one that is blaming the victim by the post you’ve made
Posted on 9/19/23 at 8:07 pm to Cash
quote:
I'm pretty sure the police determined the Lyft driver did nothing wrong.
also, Lyft drivers don't exactly make bank
Posted on 9/19/23 at 8:09 pm to Klondikekajun
Louisiana has a wrongful death statute that puts people into classes to the exclusion of people in lower classes:
quote:
Art. 2315.2. Wrongful death action
A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
B. The right of action granted by this Article prescribes one year from the death of the deceased.
C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.
D.(1) As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.
(2) As used in this Article, the words "child", "brother", and "sister" include a child, brother, or sister given in adoption, respectively.
E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
Posted on 9/19/23 at 8:11 pm to Proximo
quote:
It's not about the money
In the end it’s always about the money. That is how the message is sent.
Posted on 9/19/23 at 8:12 pm to boosiebadazz
quote:
a father or mother who has abandoned the deceased during his minority is deemed not to have survived him.
Was the father in the picture prior to this tragedy?
Kinda sounds like he might not have been
quote:
John Brooks, who is Madison's biological dad, has been relatively quiet since his 19-year-old daughter,
This post was edited on 9/19/23 at 8:14 pm
Posted on 9/19/23 at 8:15 pm to tgrbaitn08
I don’t know about any of that. Each claim would stand on its own merit. There is a provision about abandonment of the decedent but that’s going to be very fact-intensive.
Posted on 9/19/23 at 8:15 pm to tgrbaitn08
quote:My initial post was in the driver’s defense.
No one is blaming the driver
I sure hope you’re not an attorney.
Posted on 9/19/23 at 8:18 pm to Quatrepot
quote:
My initial post was in the driver’s defense.
My man, you literally blamed Madison for getting killed bc she was drunk!
Are you fricking stupid?
Posted on 9/19/23 at 8:20 pm to VADawg
quote:
If you initiate a horseshite suit and lose, you should be responsible for all costs.
How about if someone refuses to pay a legitimate claim?
The whole idea of loser pays needs to go both ways if at all.
That being said you really have to look at the chilling effect of loser pays. Particularly in complex litigation an average person would never be able to cover defense fees and costs if hit with them so a large portion of legitimate claims would go unmade. Plus you have the old blood from a turnip issue to clear.
Posted on 9/19/23 at 8:22 pm to tgrbaitn08
quote:Taking that statement at face value, would that not prove the driver’s innocence? You cannot be so daft.
My man, you literally blamed Madison for getting killed bc she was drunk!
You jumped into a conversation without understanding the context.
Posted on 9/19/23 at 8:22 pm to DiamondDog
quote:she is the wrong make, model, and color for you to be disparaging
Can we acknowledge this girl was probably not exactly morally upstanding
Posted on 9/19/23 at 8:25 pm to tgrbaitn08
quote:
So you can’t prove without a reasonable doubt that there could have been some other reason why she was wondering in the middle of the road? Maybe bc she just got raped, drugged, medical condition, or maybe she was lost?
Posted on 9/19/23 at 8:26 pm to SuperSaint
I have put myself in a ton of bad, high risk situations that were a result of bad moral decisions. My life at times could have taken another route. Fully acknowledged.
Posted on 9/19/23 at 8:29 pm to DiamondDog
quote:
I have put myself in a ton of bad, high risk situations that were a result of bad moral decisions. My life at times could have taken another route. Fully acknowledged.
Posted on 9/19/23 at 8:29 pm to Quatrepot
All post by Quatrepot, I hope you're proud of yourself
Would you say the same thing about your daughter if she went out wearing a tube top and mini skirt and got raped instead of getting drunk?
quote:
She’s not nearly 100% free of accountability for ending up in that situation. I hate to say it but it is reality.
quote:
if she wasn’t so drunk she wouldn’t have been there. ...
quote:
You honestly think she would’ve been there had not been drunk? Nuff said.
quote:
The alcohol in her system is what caused the collision to take place
Would you say the same thing about your daughter if she went out wearing a tube top and mini skirt and got raped instead of getting drunk?
This post was edited on 9/19/23 at 8:35 pm
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