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wrongful death and no criminal charges????

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medinaserpa

Junior Member
What is the name of your state? Oregon

This is going to be long so bare with me. On september 1st 2005 my parents were in a motorcycle vs car accident. They were the motorcycle. They were driving home when a 19 year old kid made a u turn four feet in front of there motorcycle. My father was thrown about 20 feet and broke everything from the waste down and was in the trama unit of the hospital for 2 weeks, and my mother was thrown about 40 feet and died four days later from severe closed head injuries. In the police reports this kid changed his story several times and even tried to pin it on my father but the police reports showed that my father was 5-10 miles under the speed limit and had his headlight on. He even tried to brake. Not only was the kid NOT charged criminally but he wasn't even given a traffic ticket!!!! I just don't understand. How he could have not gotten anything. He made a U turn with out yeilding to on comming traffic, and because of that my mother died! The car he was driving was in his own name but the insurance was in his mothers. Doesn't that make the mother lialble? I always thought that you insure the car not the driver. And she has insured the car. This kid was not the smarted brick in the wall, during the deposition he didn't even know his insurance company. But what gets me the most. His address on his drivers liscence stated that he lived with his parents and that is what he even told the officers at the scene. But during the deposition he stated that he lived by himself and at a different address than what he originally stated. To me it really seems like the parents are trying to protect themselves, and that somebody is lyeing. What I don't understand is why my father is only getting the policy limits for a compenstaion for the loss of his wife, and why no one feels the need to charge this kid with anything. Maybe someone can explain it to me a little better, because this is so frustrating.
 


I hate to tell you this, but having rode motorcycles for a large portion of my life, motorcycles are not safe and with the number of new inexperienced riders on the road the number of accidents have increased. I have had to lock up my brakes from people pulling out in front of me. I had idiots on the freeway try and keep up with me or shadow me to see if I would make a mistake. The danger in street cycles is real and that is why I ride dirt bikes now. Cops do not respect them as well and it is easy for them to say the cyclist was at fault or to not ticket a driver for not seeing them. I have lots of motorcyclist friends and they almost always will get a ticket or be at fault before a automobile driver. That is just the way it is. Now with that said, it would be easier to bring a civil case against the driver of the car if he faced criminal or traffic charges however even if they did not ticket him you can still bring a civil case against him which is what I would do. The civil case judgement would be based upon a ponderence of the evidence and not reasonable doubt. Kinda like OJ, he may have got off free but had to pay the families millions..... good luck with it....
 

medinaserpa

Junior Member
Our lawyer think that if we were to sue the kid then we would most likely win but all the kid would do was file for bankruptsy. As for sueing the parents he said it would take changing Oregon state law to win. He gave us a copy of a court trial back in the 90's that is some what similar to our case except for the fact that the car insurance was in the kids parents name. During the kids deposition when our lawyer was talking about the kids financial situtation the kids lawyer apointed to him by the insurance company actually said if our lawyers intentions were to sue him then he was going to refer him to a bankruptsy lawyer. How is that fair? We lost our loved one and the kids gets no kind of punishment!!!! Not criminal or financial.
 

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