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Posted by dj_cuba on Apr-06-2004 18:56:

Thumbs down I'm Being Sued!

Right, here's the deal..

I got knocked over by a motorbike last December crossing the road on my way back from work. It was my fault as I wasn't looking where I was going when I was crossing. The accident casued a blood-clot on the side of my brain which I nearly died from, although Iam fine now.

This morining I discover a letter from the guys solicitor informing me that he is going to sue me for wrecking his bike and fracturing his wrist. I can't disagree that the accident was my fault, however as Iam only 18 there's no way that I can ever pay if I loose, as I barely have any money. The only defense I have is that the police have never contacted me, so I could say that in their view I did nothing wrong. Please let me know what you would do in this situation.


Posted by Boomer187 on Apr-06-2004 18:59:

id contact a lawyer immediately and talk to them.

it was really stupid for him to sue you since you have no money, he should have went.....well I don't know about you people over the big river though, I think it is different here in tha us.



anyways, don't post here, call a good attorney.


Posted by DannyO on Apr-06-2004 19:10:

Your in England, I've heard things like this not go very far, sueing in England isn't a big thing, becuase not much comes from it, but if you lived here, I would say run for your life, although you coulda probably sued him and got about a million or so....and I ain't kiddin (thats if you lived here).


Posted by NeoPhono on Apr-06-2004 19:13:

If you were in the US, I'd say plead temporary insanity or that God told you to do it. That seems to get just about eveyone off. In all reality though, make sure you get a lawyer. Hopefully nothing will become of this, but it sounds like a good lawyer would be able to get you off the hook with no problem.


Posted by wee_rooney on Apr-06-2004 19:14:

i dont think they can sue u!!! am maybe wrong, but i think that the motorist's must always keep a safe distance from other motorists, pedstrians, etc. and must always be going at an appropraite speed so that if something does happen they will be able 2 stop without hittin anythin!!!

cos if u hit another car ( from behind that is) ITS ALWAYS YOUR FAULT!!!


Posted by Boomer187 on Apr-06-2004 19:16:

quote:
Originally posted by wee_rooney
i dont think they can sue u!!! am maybe wrong, but i think that the motorist's must always keep a safe distance from other motorists, pedstrians, etc. and must always be going at an appropraite speed so that if something does happen they will be able 2 stop without hittin anythin!!!

cos if u hit another car ( from behind that is) ITS ALWAYS YOUR FAULT!!!


well in the US pedestrians have the right of way.

dunno bout england thouhg.


Posted by DigiNut on Apr-06-2004 19:17:

A driver of a motor vehicle cannot sue a pedestrian. I'd say this dude is making a very stupid mistake, as he could actually be brought up on criminal charges for this even if it was partially your fault. (Even if you weren't watching where you were going, it would have still been his responsibility to honk, slow down, swerve, whatever).

Wouldn't be too concerned if I were you. Just get yourself a decent lawyer.


Posted by dj_cuba on Apr-06-2004 19:17:

quote:
Originally posted by NeoPhono
If you were in the US, I'd say plead temporary insanity or that God told you to do it. That seems to get just about eveyone off. In all reality though, make sure you get a lawyer. Hopefully nothing will become of this, but it sounds like a good lawyer would be able to get you off the hook with no problem.


Well there's no way I can afford a solicitor, let alone a laywer in my financial situation. I'm gonna have to go with legal aid.


Posted by KilldaDJ on Apr-06-2004 19:21:

King Re: I'm Being Sued!

quote:
Originally posted by dj_cuba
Right, here's the deal..

I got knocked over by a motorbike last December crossing the road on my way back from work. It was my fault as I wasn't looking where I was going when I was crossing. The accident casued a blood-clot on the side of my brain which I nearly died from, although Iam fine now.

This morining I discover a letter from the guys solicitor informing me that he is going to sue me for wrecking his bike and fracturing his wrist. I can't disagree that the accident was my fault, however as Iam only 18 there's no way that I can ever pay if I loose, as I barely have any money. The only defense I have is that the police have never contacted me, so I could say that in their view I did nothing wrong. Please let me know what you would do in this situation.


the mother****** should of slowed down at the crossing. pedestrians have right of road, so ive heard.

u could say uve been having nightmares and hallucinations since the accident, flip the books on the mofo who crashed into u. effectively sueing him in process.

i mean, blood clot in brain! thats a little bit more life threatening than a fractured wrist and a fucked up bike.

there is another solution...settle out of court... this will save u some cash (maybe) as if u lose in court, u really will be fucked over. the lawyers fees, the settlement costs etc


Posted by Thierry on Apr-06-2004 19:31:

Re: Re: I'm Being Sued!

Speak with a public defender, is all I can say. I don't think he has much of a case on you, but talk to a public defender, if you can't afford a lawyer.

Best of luck.


Posted by Wildfir3 on Apr-06-2004 19:31:

In belgium it's the same thing: if u hit a pedestrian, even if it were on a highway where they shouldn't be @ all, u're the one who's making the mistake. I don't think it'll be different in England.

Get informed at ur local police station before u go through all the trouble of hiring a lawyer etc...


Posted by xKaoSx on Apr-06-2004 19:39:

Too bad- something like that happened in California USA you would have received like 50k-100k in pain and suffering.
AH WELL.


tea and crumpets?


Posted by DigiNut on Apr-06-2004 19:41:

quote:
Originally posted by Wildfir3
Get informed at ur local police station before u go through all the trouble of hiring a lawyer etc...

That's actually a good idea. Call the police or go to the station and tell them that someone hit you on a motor bike while you were crossing the street, and you're wondering if it's possible to press criminal charges.

If the guy is threatened with criminal charges, believe me, he'll drop his lawsuit in no time, you'll never even have to go to court.

Also, even if you did something you weren't supposed to as a pedestrian, he has no case against you unless either (a) there were witnesses that he has access to, or (b) a police report was filed and you were found to be at fault. If neither of those things happened, then it's HIS word against YOURS and it would never hold up for him in a civil suit (but it might hold up against him in criminal court).


Posted by ASOT100 on Apr-06-2004 19:42:

i agree with all u guys

wats this fool trying to sue u for esp after u got a blood clot in ur brain, does he know that?

in reality shouldn't u be suing him?

like other have said, ppl in vehicles are supposed to be cautious around pedestrians, obviously he wasn't unless you jumped in front of him out of no where

if you were visible to him before the crash he was at fault also, he shoulda slowed down for u


any TA lawyers that could help this guy out?


Posted by Billabong on Apr-06-2004 19:53:

Run him over using a motorcycle and then sue the twat, see how he likes it.


Posted by xKaoSx on Apr-06-2004 19:58:

Basically the rule is people on motor driven vehicles should be driving slow enough to react to any kind situation.

If he hit you he was going too fast and didnt have enough time to react to you walking your dumb (prob drunk :haha ass in front of him.
No matter- it's still his fault.

If he didnt file a report right when the situation happened then he's screwed pretty much anyways.

You should countersue immediately for your hospital costs etc.


Posted by Turbonium on Apr-06-2004 20:05:

Kick his ass. That will give him a valid reason to sue you.


Posted by dj_mdma on Apr-06-2004 21:47:

also try calling the Citizen's Advice Beaureau, they will be able to help.

i don't think he has a case at all. Its easy enough to counter sue him. I'm sure many doctors and stuff could say that the blood clot has affected your cognitive function, therefore you won't do so well at school, therefore you won't get the job you would have got, sue for loss of future earnings, lol.


Posted by chesco on Apr-06-2004 22:19:

Just basically get to a lawyer and he'll know what to do unless it's a woman, then she'd know what to do.

it's getting a bit beyond a joke all this compensation/sueing stuff. i remember me, my dad and my brother were in a car smash because a women pulled out in front of us from a side road and she took full blame for it. But weeks later we get this letter from her saying she wants to take us to court. after my pops got in touch with his lawyer's they spoke to the women and she pretty quickly dropped the case.


Posted by Vivid Boy on Apr-06-2004 22:25:

well since there was no cops involved just say uve never seen the guy in ur life...thats how my friend got off from beating up a police officer


Posted by butterfly on Apr-06-2004 22:39:

Re: I'm Being Sued!

quote:
Originally posted by dj_cuba
Right, here's the deal..

I got knocked over by a motorbike last December crossing the road on my way back from work. It was my fault as I wasn't looking where I was going when I was crossing. The accident casued a blood-clot on the side of my brain which I nearly died from, although Iam fine now.

This morining I discover a letter from the guys solicitor informing me that he is going to sue me for wrecking his bike and fracturing his wrist. I can't disagree that the accident was my fault, however as Iam only 18 there's no way that I can ever pay if I loose, as I barely have any money. The only defense I have is that the police have never contacted me, so I could say that in their view I did nothing wrong. Please let me know what you would do in this situation.


who told you the accident was your fault?


Posted by whiskers on Apr-06-2004 22:44:

dunno about england, but in the usa the pedestrian is ALWAYS right. bike, walking, whatnot, always.


countersuing seems like a good plan, not only for brain damage, but also for moral damage from the accident and his suit.


Posted by donegalredneck on Apr-06-2004 22:46:

Arrange to have him killed.


Posted by Vivid Boy on Apr-06-2004 22:48:

say u were also carrying a laptop that was ruined in the accidnet


Posted by butterfly on Apr-06-2004 22:55:

quote:
Originally posted by whiskers
dunno about england, but in the usa the pedestrian is ALWAYS right. bike, walking, whatnot, always.


countersuing seems like a good plan, not only for brain damage, but also for moral damage from the accident and his suit.


this isnt exactly true. for example, when i was in college, on several occasions, a pedestrian was hit by a shuttle bus, and the pedestrian got a ticket cause they were not in the crosswalk... they get kind of strict when it comes to J walking in some places...


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