Joggers hit by CAR settle for $50M FROM CITY

I don't want to sound like a dick about this, since the woman was injured, but "hit from behind" should never happen unless the guy was drunk and swerved all the way across the road. Basic basic rules of running on the streets, bike lane or no.

Unfortunately, I thought the same thing.

"Stacy Neria used to run six miles a day, six days a week _ but she never trained on Sundays out of deference to her husband and to God."

Only Fox, or maybe some nut job televangelist would open a story with this drivel.

9 wrote:

I don't want to sound like a dick about this, since the woman was injured, but "hit from behind" should never happen unless the guy was drunk and swerved all the way across the road. Basic basic rules of running on the streets, bike lane or no.

I'd hit that from behind

9 wrote:

I don't want to sound like a dick about this, since the woman was injured, but "hit from behind" should never happen unless the guy was drunk and swerved all the way across the road. Basic basic rules of running on the streets, bike lane or no.

funny, had the driver hit a cyclist there would be no question that the driver was negligent. there's a section of road in golden gate park that sounds exactly like this one described in the article. i've seen cars cruising along like it's their's, not realizing that it's the bike lane. i've even run on the short stretch . . . won't do that again.

drivers, look alive out there . . . pay attention. cyclists and pedestrians, my god, wear your blinkies and reflectors and lights!!!

Good for her. People have won large awards for far more frivolous things than that.

This is exactley what is wrong with America. For example, that woman who sued McDonalds for her coffee being too hot. Coffee is supposed to be hot or else people would complain. Coffee is usually around 200 degrees F. This is why this country is going down the tubes!! People bitch and complain about everything. Sometimes u just have to deal with things. People sueing for shit like this. Why the hell would u sue the city. Sue the bastard who hit you not the city. Its hard for a city to keep up with all the line painting and such. It costs a lot of money to repaint lines every year, and most cities generally only repaint road lines in the summer since they have more help during the summer due to the high school and college kids being able to work. That bull shit about the bike lane. Come on give me a break. Last time i checked runners are pedestrians so they should be on the sidewalk. Whatever happened to people watching out for their own safety. WHen i run at night i do not depend on the drivers to see me i watch out for myself. I also do not expect drivers to see me crossing in front of them when they are turning right. Most of the time they do not see u, so i go behind the car instead. Fewer and fewer people are taking responsibility for themselves anymore. They expect someone else to solve their problems instead of doing it themselves. Blaming the city for being hit by a car. Was this person runnng with traffic or against it? Pedistrians are supposed to run against traffic and bikers with traffic. Another example of this kind of bull-shit is IEP's in schools now a days. Like half of a teachers class has IEP's where as 5 or so years ago a teacher maybe had 1 IEP in each class. Administrators and teachers and social workers are just handing these out to students these days because they have trouble learning when in actuallity the student is lazy and is not being forced at home to do homework and stay on task; or they are being diagnosed with ADHD when in actuallity they are just not being forced to do their work. But this is a totally separate issue but it is a good example for this case.

People need to stop all this bull-shit sueing. And if u do sue you should not get $50 millions dollars. That amount of money is obsurd!!! I'm sure $20 would pay for her medical bills. Asking for that much is just being "greedy" A person does not need $50 million dollars. This is one of the main reasons why other countries hate Americans because of this ridiculous bull-shit that happens here!! You do not hear about this in other countries where people are sueing for astrinomical amounts of money. What i can't believe is how some of these cases get to court. The judge should just throw these kinds of cases out.

Thats my two cents!

thanks for a brilliant exhibition on your lack of knowledge of basic tort law - and particularly the facts of the McDonald's coffee case.

thank goodness your 2 cents is about all the influence you have....

ignorance aint bliss wrote:

thanks for a brilliant exhibition on your lack of knowledge of basic tort law - and particularly the facts of the McDonald's coffee case.

thank goodness your 2 cents is about all the influence you have....

Dont you agree though that the city had a lazy defense if they didn't drag out the common knoweldge of running against and not with traffic? I didn't read all of the above posters rant, but that would be the first thing I would try to make evident if I were involved in the litigation.

If anything, it's just more evidence that there are far too many people out there that go to Dicks or wherever, buy a pair of running shoes and hit the road stupidly unaware of common sense rules of running with traffic.

ignorance aint bliss wrote:

thanks for a brilliant exhibition on your lack of knowledge of basic tort law - and particularly the facts of the McDonald's coffee case.

thank goodness your 2 cents is about all the influence you have....

what do YOU know about tort law?

Palsgraf wrote:

ignorance aint bliss wrote:

thanks for a brilliant exhibition on your lack of knowledge of basic tort law - and particularly the facts of the McDonald's coffee case.

thank goodness your 2 cents is about all the influence you have....

what do YOU know about tort law?

i dont know about him, but i do know who palsgraf was.

:)

EVEN IF YOU CAN PROVE THAT THE RUNNERS WERE NEGLIGENT BECAUSE THEY WERE RUNNING WITH TRAFFIC, THERE IS CONTRIBUTORY NEGLIGENCE ON PART OF THE DRIVER! THE CAR SHOULDN'T HAVE BEEN IN THE BIKE LANE IN THE FIRST PLACE. THE ASSHOLE KNEW HE WAS TOAST, SO HE ESCAPED FROM THE SCENE LIKE A CLASS ACT. CASE CLOSED.

plenty

I couldn't make it through all of your post since it bored me.

I know that area though.

There is no sidewalk there. After the accident the city put up a barrier so runners and bikers would be protected from cars.

I am pretty sure you are legally supposed to run with the direction of the traffic in a bike lane.

Ironically, I'm reading this post while in a review session for my tort law class. Looks like I won't know much about Tort law.

In fact, the teacher is talking about Palsgraf right now.

$50M seems extreme, but recovery seems reasonable without knowing more facts of the case.

angry texan wrote:

EVEN IF YOU CAN PROVE THAT THE RUNNERS WERE NEGLIGENT BECAUSE THEY WERE RUNNING WITH TRAFFIC, THERE IS CONTRIBUTORY NEGLIGENCE ON PART OF THE DRIVER! THE CAR SHOULDN'T HAVE BEEN IN THE BIKE LANE IN THE FIRST PLACE. THE ASSHOLE KNEW HE WAS TOAST, SO HE ESCAPED FROM THE SCENE LIKE A CLASS ACT. CASE CLOSED.

THE DRIVER WAS AT FAULT, CORRECT, SO THE CITY PAYS $50 MILLION FOR HIS NEGLIGENCE? ALL MUNICIPALITIES ARE NOW CULPABLE FOR BAD DRIVERS AND PEDESTRIANS WITH NO SENSE OF SELF PRESERVATION?

caps off

IT'S KIND OF REASONABLE TO ASSUME THAT THIS CASE FALLS WITHIN THE BOUNDS OF NEGLIGENCE. I MEAN, IS IT NOT REASONABLE TO ASSUME THAT DRIVING IN A BIKE LANE MAY HAVE UNINTENDED, YET DANGEROUS CONSEQUENCES FOR SOMEONE? THE SAME WOULD GO FOR SPEEDING THROUGH A SCHOOL ZONE ON A WEEKDAY OR GOING TO VISIT THE IN-LAWS FOR THE HOLIDAYS.

getting slower and fatter wrote:

I couldn't make it through all of your post since it bored me.

I know that area though.

There is no sidewalk there. After the accident the city put up a barrier so runners and bikers would be protected from cars.

I am pretty sure you are legally supposed to run with the direction of the traffic in a bike lane.

Doesnt really say what direction you have to go but if it's equating use of bike lanes as a substitute for sidewalks, I'm guessing they can't mandate what direction you are heading in the bike lanes.

AH YES, YOU SEE, I AM AN ANGRY, RETARDED TEXAN WHO CAN ONLY SHOUT. AFTER EVALUATING THIS, I AGREE WITH YOU. I REALLY CAN'T SEE HOW THE CITY WAS NEGLIGENT, BUT I DON'T PRACTICE LAW. HOWEVER, IN MY UNINFORMED OPINION, I THINK THAT THE DAMAGES PAID BY THE CITY WERE TOO MUCH. THE DRIVER SHOULD HAVE BORNE MOST OF THE DAMAGES, IF NOT ALL OF THEM. OH WELL.