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Drunk man walking causes serious accident

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brokenbiker

Junior Member
What is the name of your state?NY
A drunk guy walked out infront of 5 motorcycles causing serious trama and loss of limbs to some of the riders. We heard we may be able to go after this guys homeowners insurance because he was walking . Has anybody heard of doing something like this? The drunk was issued 2 tickets :mad:
 


I AM ALWAYS LIABLE

Senior Member
brokenbiker said:
What is the name of your state?NY
A drunk guy walked out infront of 5 motorcycles causing serious trama and loss of limbs to some of the riders. We heard we may be able to go after this guys homeowners insurance because he was walking . Has anybody heard of doing something like this? The drunk was issued 2 tickets :mad:

My response:

How many times are you going to post the same question concerning your drunken motorcycle accident where you broke your leg, and have incurred thousands in medical bills?

Why don't you just sue the guy?

IAAL
 

brokenbiker

Junior Member
I guess Ill post it until someone answers the question I asked and not just responding to let us all know how smart you are that you already read this the other day. If you have an answer to the question then go ahead otherwise search for someone else to piss off
 

I AM ALWAYS LIABLE

Senior Member
brokenbiker said:
I guess Ill post it until someone answers the question I asked and not just responding to let us all know how smart you are that you already read this the other day. If you have an answer to the question then go ahead otherwise search for someone else to piss off

My response:

You can get pissed off all you like, pal. I don't give a rat's ass. Your questions were answered before - - and now I've asked you a question and you're refusing to answer.

So, when you refuse to answer, how much help do you think you're going to get?

The fact is, you were drunk driving yourself. The fact is, your buddy motorcycle rider was traveling too close to you, when he should have been keeping a safe distance should an emergency like this happen. But, he didn't keep a safe distance, and ran over you, causing you to suffer a broken leg.

Why aren't you suing your buddy and let his insurance pick it up? Why aren't you suing the the pedestrian drunk guy? Why aren't you understanding that you're also partially at fault due to you reaction time being impaired because you were drunk too?

Why haven't you spoken to an attorney to take your case against ALL of these people?

Answer those questions.

IAAL
 

brokenbiker

Junior Member
I guess you didnt read the question. HAS ANYONE HEARD OF SUEING THIS GUYS HOMEOWNERS INSURANCE ? Everthing you had asked has already been answered in the past. Bike insurance is being taken care of. I am not debating if I was part at fault I am simply asking a question of anybody hearing about the homeowners question. I have my attorney working on this now but I just like to have all the facts and not go on a maybe or could be and as far as I can tell you are a just dont know the answer so you have a great night and why not try to be a jerk to some other person looking for help.
 

I AM ALWAYS LIABLE

Senior Member
brokenbiker said:
I guess you didnt read the question. HAS ANYONE HEARD OF SUEING THIS GUYS HOMEOWNERS INSURANCE ? Everthing you had asked has already been answered in the past. Bike insurance is being taken care of. I am not debating if I was part at fault I am simply asking a question of anybody hearing about the homeowners question. I have my attorney working on this now but I just like to have all the facts and not go on a maybe or could be and as far as I can tell you are a just dont know the answer so you have a great night and why not try to be a jerk to some other person looking for help.

My response:

Oh, I know the answer, pal. I just can't believe you're so stupid to ask it. Friggin' ass-hole New Yorkers. You're all alike. You'd eat your own young.

Why don't you go out, drink, drive your bike, and meet up with a brick wall?

IAAL
 

brokenbiker

Junior Member
Buddy you are correct again. How do you do it? All New Yorkers are the same but you still havent answered my question. Your telling me I'm stupid but you havent once answered the question I asked. AND WHY? Do you need a beer to think properly or how about a Berry flavored Wine Cooler for your sorry ass
 

rmet4nzkx

Senior Member
brokenbiker said:
Buddy you are correct again. How do you do it? All New Yorkers are the same but you still havent answered my question. Your telling me I'm stupid but you havent once answered the question I asked. AND WHY? Do you need a beer to think properly or how about a Berry flavored Wine Cooler for your sorry ass
I answered your question the other day, that is not going to change no matter how many times you ask.
You can sue anyone, it doesn't mean that you have a case, can win or that it won't leave you worse off than you started.
You have a number of other things to consider,
You and your friends were all drunk,
You all knew this man was drunk,
You knew this ESTABLISHMENT was miles away from anywhere,
You were traveling too fast,
Your friend was traveling too fast,
None of you could control your choppers,
This took place in Georgia, you live in NY
You will have to sue in GA,
This drunk man was on foot and could sue all of you also
That he got a ticket the next day in not relevant
You are lucky that you didn't get a ticket
You will have to sue the others with liability, your friend, possibly the other bikers, possibly the operator of the ESTABLISHMENT,
etc.
etc,
and the fact that you were drunk will keep comming up.

What do you think the chances of finding an attorney in GA that will represent, on contingency, you, a drunken New Yorker who, while drunk and driving his chopper, with his gang, knowlingly ran down a drunken man, walking home rather than driving drunk?

You don't have money for your doctor bills, how are you going to get enough money for the retainer you will have to pay?

With the above circumstances, the drunken man on foot many counter sue or his insurance will defend him.

Neither IAAL nor I said it out of respect for your loss, but given the above facts, your chances of winning and actualy being awarded enough to cover the costs of suit are slim suing the drunken man, in other words, and I warned you someone might say this:
"YOU DON'T HAVE A LEG TO STAND ON" given the facts, you have a better chance suing your friend or the owner of the establishment if such a suit is allowed in GA.
 

brokenbiker

Junior Member
You are a really swift person. When and where do come up with half the **** you do. First of all where did you ever get the idea that this happened in GA. If you do find it let me know. Second my so called gang as you call it was not speeding or drunk as you so call it.
I really think you have a problem with Harley Davidsons since you keep calling them choppers and making us sound like a bad ass biker gang.
If I could sue someone for just being a jackass you would be the first on the list. You have attacked New Yorkers as you have me and you seriously must be a real boring person to have to sit here and just try to debate everyone.
GET A LIFE! FOOL!
 

BelizeBreeze

Senior Member
O.K. since you are continuing to post this question time and time again and refuse to recognize the answer you've been given as the ONLY correct answer in all of your posts, I'll try to put it into Spanglish so that even a New Yorker can understand it.

Has anybody heard of doing something like this?
And since that's the ONLY question you asked, the answer is YES.

Now, either go away or re-read your ORIGINAL post. You might recognize that you have provided ABSOLUTELY NO FACTS ON WHICH TO MAKE A LEGAL DETERMINATION. :rolleyes:
 

rmet4nzkx

Senior Member
BelizeBreeze said:
O.K. since you are continuing to post this question time and time again and refuse to recognize the answer you've been given as the ONLY correct answer in all of your posts, I'll try to put it into Spanglish so that even a New Yorker can understand it.



And since that's the ONLY question you asked, the answer is YES.

Now, either go away or re-read your ORIGINAL post. You might recognize that you have provided ABSOLUTELY NO FACTS ON WHICH TO MAKE A LEGAL DETERMINATION. :rolleyes:
BB,
Actually in his previous thread he gave the following facts:
brokenbiker said:
They did do a BAC on me and I was over the legal limit. I was not trying to hide anything from this but looking for advise on trying to recoup for damages caused by someone else. The drunk guy does own a rather nice home and was only hiding in the bushes to avoid the troopers. The fact that we had been also drinking is understandable that it would have effect on the outcome but the actual fact is that this guy caused this accident and was at fault. Even as far as his actions after the fact shows his disrespect for the life of others.
How big would your retainer be to represent him in suing drunken pedestrian for causing his accident, after all, It is understandable they they were all drinking as he says ;)
 

rmet4nzkx

Senior Member
brokenbiker said:
You are a really swift person. When and where do come up with half the **** you do.
**** what does that mean?
First of all where did you ever get the idea that this happened in GA.
There was some reference to that at some point, perhps changed since then, but even if it all happened in NY, everything is the same, you will still have difficulty finding an attorney to take your case for the reasons already given, I don't write the laws, I just gave you the implications you have to consider based on the FACTS you provided.

If you do find it let me know. Second my so called gang as you call it was not speeding or drunk as you so call it.
Reality check, how many of you were there? Couple, few, more than a few is a gang, You ride in close formation down the street and on the road? You were driving too fast for the conditions and as such, could not avoid a drunken man on foot who wanted a ride home and wasn't drinking and driving. That qualifies then you go on to say:
brokenbiker said:
They did do a BAC on me and I was over the legal limit. I was not trying to hide anything from this but looking for advise on trying to recoup for damages caused by someone else. The drunk guy does own a rather nice home and was only hiding in the bushes to avoid the troopers. The fact that we had been also drinking is understandable that it would have effect on the outcome
brokenbiker said:
but the actual fact is that this guy caused this accident and was at fault. Even as far as his actions after the fact shows his disrespect for the life of others.
This is not fact, this is your opinion and your desire to make him responsible for your accident, different than your BAC at the hospital being over the legal limit, that is a fact that will come up in court and for which you may be cited for long after the fact. You showed disrespect by getting on your choppers while legally drunk and running down this man, who was so frightened that he hid in the bushes. That is the picture his attorney will graphically paint based upon the "Facts" to which you admit.

I really think you have a problem with Harley Davidsons since you keep calling them choppers and making us sound like a bad ass biker gang.
I have ridden motorcycles before, my son owns a bike too, my brother and my son have both been in serious accidents actually caused by others, I can call them Choppers or "Donorcycles" too! You are addicted to the throbbing sensation of the vibrations of your chromed $ex toy bike beneath your crotch, admit it, you are a bad a$$ biker. If you sue you will look far worse than the picture I painted, so you better get used to it.
If I could sue someone for just being a jackass you would be the first on the list.
Really? You don't have the money for your doctors bills, you don't have the money to sue the poor man you nearly ran down on your bike and now you want to sue my firm little a$$ for informing you of the law and the consequences of a lawsuit, remember you could be paying $500 per hour for this advice?
You have attacked New Yorkers as you have me and you seriously must be a real boring person to have to sit here and just try to debate everyone.
GET A LIFE! FOOL!
I haven't said anything bad about New Yorkers, in fact I have been there a few times, you know, making presentations at professional conventions and the like. Why I even know there is no egg in an egg cream! You are the one who needs a life, perhaps one that doesn't involve a bottle. I may be boring but I'll live longer than you and go to my grave with both my legs and no excuses
:D
 

rmet4nzkx

Senior Member
I did some research and as I suspected, It is illegal to serve alcohol to a person who is intoxicated in NY. I got this from several sites including a homeowner's site.

So, as to your question, yes you can sue the walking drunk, but he may get his portion dismissed or countersue because he was served in the same bar as you, served while drunk and thus the owner of the Establishment is responsible not only for serving him, but you and your frineds, while you were intoxicated and no question that you were intoxicated because of the BAC at the hosbital.

Please get it out of your head that the walking drunk caused your accident.

Have you made a claim to the Bar's insurance carrier? You will have to look up the statute yourself. If not do so now, because you will have to do that before you sue.

If you sue you will have to sue both your friend and the Establishment.

If they don't have insurance, you may not collect on any judgement but they will most likely lose their liquor license.
 

SsanB2

Junior Member
vehical insurance

calif; I was drunk on a bicycle and was struck by an uninsured motorist< I called 2 attorneys but neither wanted to take the case but he did inform me that if I had auto insurance that there's a way to use it so I suggest you call a attorney and ask them. I had no auto
 

rmet4nzkx

Senior Member
SsanB2 said:
calif; I was drunk on a bicycle and was struck by an uninsured motorist< I called 2 attorneys but neither wanted to take the case but he did inform me that if I had auto insurance that there's a way to use it so I suggest you call a attorney and ask them. I had no auto
Are you still drunk?
OP was drunk and riding a morotcycle, his insurance covered some but not all his medical expenses, now he wants to sue a drunk man walking in the street who was not involved in the accident, not his friend also drunk on another motorcycle who hit him nor the bar that served him. Yours is a totally different situation and he has already used up the benefits of his own insurance. :rolleyes:
 

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