Hello I am from New York, United States and I am speaking for my father (defendant) since he is not very good at speaking english. A plaintiff has ordered judgement against my father for a death in which he was not responsible for. Here is a description of how the accident occured,
My father, who is a limo driver, was on the highway driving his passenger to his/her desired location. The passenger was drunk and started feeling sick, so my father asked if he should stop so that the passenger could throw up. The passenger told my father to keep driving but a few minutes later the passenger yelled at my father to stop. My father had to stop on the left side of the highway since the right side was an intersection and my father told the passenger to get out from the left side since there is traffic on the right side but before my father could stop the car, the passenger opened the door and ran out from the car and into traffic. My father quickly ran out (obviously concerned) to check on the passenger. The passenger then got hit by a passing-by car and died due to injuries, and the car that hit the passenger crashed into the side guard rail after hitting the passenger. Even if my father jumped out when the passenger jumped out, it would have been hard to see because it was dark (night) and it was also raining pretty heavily.
Now the wife of the passenger has ordered judgement against my father and the person who hit the passenger. I believe that my father is not at fault since the passenger was drunk at the scene and the passenger ran into traffic on his own. The spouse of the dead husband declared,
1. Carelessly, negligently and recklessly operated his motor vehicle.
- My father tried to park on the side to help the passenger, how can she claim something such as that?
2. Including allowing plaintiff to disembark into traffic; failed to protect his passenger.
- How can he stop a drunk passenger who (on his own will) ran out even before the vehicle could stop?
3. Failed to pull to the right side of the road; failed to stay in the right lain.
- my father couldn't stop on the right side since there was an intersection, so his only choice was to stop on the left side.
4. Failed to keep a proper lookout permitting his passenger to enter a zone of danger.
- again, what could have my father done when the passenger decided to run out on his own even before my father could stop the vehicle.
As the defendant's son.. I am concerned and scared at the same time, my father has been working very hard to support me and has done nothing wrong... ever. I'm thinking about talking to the plantiff (spouse) about this issue but im concerned to how she would react. Do you think my father should have the court hear his defense? Do you think my father has any chance against this matter? if so then should we get a lawyer?
Thank you for your help
- Louis
P.S. - My father has 30 days to submit his pleading, defense, certification of good cause.
My father, who is a limo driver, was on the highway driving his passenger to his/her desired location. The passenger was drunk and started feeling sick, so my father asked if he should stop so that the passenger could throw up. The passenger told my father to keep driving but a few minutes later the passenger yelled at my father to stop. My father had to stop on the left side of the highway since the right side was an intersection and my father told the passenger to get out from the left side since there is traffic on the right side but before my father could stop the car, the passenger opened the door and ran out from the car and into traffic. My father quickly ran out (obviously concerned) to check on the passenger. The passenger then got hit by a passing-by car and died due to injuries, and the car that hit the passenger crashed into the side guard rail after hitting the passenger. Even if my father jumped out when the passenger jumped out, it would have been hard to see because it was dark (night) and it was also raining pretty heavily.
Now the wife of the passenger has ordered judgement against my father and the person who hit the passenger. I believe that my father is not at fault since the passenger was drunk at the scene and the passenger ran into traffic on his own. The spouse of the dead husband declared,
1. Carelessly, negligently and recklessly operated his motor vehicle.
- My father tried to park on the side to help the passenger, how can she claim something such as that?
2. Including allowing plaintiff to disembark into traffic; failed to protect his passenger.
- How can he stop a drunk passenger who (on his own will) ran out even before the vehicle could stop?
3. Failed to pull to the right side of the road; failed to stay in the right lain.
- my father couldn't stop on the right side since there was an intersection, so his only choice was to stop on the left side.
4. Failed to keep a proper lookout permitting his passenger to enter a zone of danger.
- again, what could have my father done when the passenger decided to run out on his own even before my father could stop the vehicle.
As the defendant's son.. I am concerned and scared at the same time, my father has been working very hard to support me and has done nothing wrong... ever. I'm thinking about talking to the plantiff (spouse) about this issue but im concerned to how she would react. Do you think my father should have the court hear his defense? Do you think my father has any chance against this matter? if so then should we get a lawyer?
Thank you for your help
- Louis
P.S. - My father has 30 days to submit his pleading, defense, certification of good cause.