Believe this? Driver sues parents of boy he killed

[gmh308]

Driver sues parents of boy he killed
Sunday Jan 27 07:34 AEDT

AP - A speeding motorist who killed a teenage cyclist is suing the boy's parents over damage to his luxury car, the Spanish government says.

Enaitz Iriondo, 17, died instantly in August 2004 when businessman Tomas Delgado's Audi A8 crashed into him at 160 km/h near Haro in northern Spain, an Interior Ministry traffic report said. The speed limit was 90 km/h.

Iriondo was not wearing reflective clothing or a helmet. As the sun had set when he crossed the path of Delgado's car from a side road, a regional court found both parties at fault and closed the case.

Delgado, whose insurance company paid Iriondo's parents 33,000 euros ($A55,415) in compensation for their son's life, filed a suit to recover 20,000 euros ($A33,585) in damages to his car and car rental costs, the ministry traffic report said.




"It's the only way I have to claim my money back," Delgado was quoted as saying by the newspaper El Pais.

Iriondo's parents were shocked.

"It's the final straw, a stab in the back," Iriondo's mother Rosa Trinidad said, according to El Pais. "Before the lawsuit we thought the poor guy would find it hard to live the rest of his life with the thought of having caused our son's death.

[keepleft]

In Australia one day, you'll see. We already get crims sueing home owners.


Purchase a hazard-warning triangle for your car to improve the ‘warning-time’ given to approaching traffic, at both crash scenes and vehicle breakdowns. Store it in the boot. I suggest Hella Part Number 2901 - $70, or from Auto Accessory Shops, - supplier "Prokit" - Item Number RG9212 - $20. A World/Euro standard triangle device exceeding AS3790 triangle performance requirements. http://www.dpi.wa.gov.au/mediaFiles/lic_drivesafebook_part4.pdf

[Spectrum]

Actually, I can empathise with the driver to some degree: I get fed up with cyclists ILLEGALLY pedalling 3-4 abreast taking up whole lanes, holding up traffic, and shooting through red lights as if the Road Code doesn't apply to them.

Driving at twice the speed limit is a no-no though, and he should be prosecuted with the full weight of their laws....

[V6Sucka]

Actually, I can empathise with the driver to some degree: I get fed up with cyclists ILLEGALLY pedalling 3-4 abreast taking up whole lanes, holding up traffic...


On carrigaeways of 2 or more lanes, are they not allowed to take up the whole lane ????

Back on topic, His parents then need counter-sue, for damages, grief, and countless other things.

[planetdavo]

Welcome to the American style of "law".
Except this one is Spain!
This, and many US cases (home invasions, car accidents etc) really need the laywers to be rounded up and given a good slapping to wake them all up. They are so busy debating points of law, that they often can't see the bigger picture of what really is "right" and "wrong" in the eyes of the community. The "win" is ALL that matters!
Law should be of benefit to the wider community, not just @rseholes in suits...
Saying that though, the rider was clearly a contributor to the accident.

[max350]

On carrigaeways of 2 or more lanes, are they not allowed to take up the whole lane ????

Back on topic, His parents then need counter-sue, for damages, grief, and countless other things.

Even if they are allowed to take up the whole lane they are not allowed to ride 2 or more abreast, and they still need to obey road rules such as red lights and the like. How many times do you get stuck behind cyclists and eventually get a gap to go arround them, stop at the next red light and they ride around you and you have to pass them all over again.

Anyway back to the original post if the courts found both parties guilty why was there a compensation payment at all and if one party can claim so can the other.

[planetdavo]

they are not allowed to ride 2 or more abreast

Yes they are, and they often do because it stops drivers squeezing them in to the gutter trying to pass them in the same lane, so is safer for them.
It might be frustrating sometimes, but remember, frustration is a major cause of accidents...

[max350]

Yes they are, and they often do because it stops drivers squeezing them in to the gutter trying to pass them in the same lane, so is safer for them.
It might be frustrating sometimes, but remember, frustration is a major cause of accidents...

I don't know about in Victoria but in NSW you cant ride 2 abreast, unless they changed the rules in the last couple of years.

[XLR8 V8]

Yes they are, and they often do because it stops drivers squeezing them in to the gutter trying to pass them in the same lane, so is safer for them.

Only if they want to get a fine
http://www.transport.qld.gov.au/Home/General_information/Cycling/Bike_user_guide/Road_rules_for_cyclists/Cycling_fines


In VIC it's a 0.5 penalty unit fine ($55)
http://www.vicroads.vic.gov.au/Home/BicyclesPedestrians/RoadRulesForCyclists/CyclistsOffencesAndFines.htm

[HSVREDSLED]

Only if they want to get a fine
http://www.transport.qld.gov.au/Home/General_information/Cycling/Bike_user_guide/Road_rules_for_cyclists/Cycling_fines


In VIC it's a 0.5 penalty unit fine ($55)
http://www.vicroads.vic.gov.au/Home/BicyclesPedestrians/RoadRulesForCyclists/CyclistsOffencesAndFines.htm

I think the legislation reads 'riding MORE than two abreast' meaning two abreast is fine.

As much as it pains me...I think Planetdavo is right.:)

[XLR8 V8]

meaning two abreast is fine.

Thats what I'm saying ... which is why I highlighted the 2 examples :confused:

[planetdavo]

Only if they want to get a fine
http://www.transport.qld.gov.au/Home/General_information/Cycling/Bike_user_guide/Road_rules_for_cyclists/Cycling_fines


In VIC it's a 0.5 penalty unit fine ($55)
http://www.vicroads.vic.gov.au/Home/BicyclesPedestrians/RoadRulesForCyclists/CyclistsOffencesAndFines.htm
I meant two wide, not more than two.
People get really frustrated with cyclists, but to be honest, I see more motorbike riders weaving in and out of traffic or massively exceeding the speed limit, or car drivers not using mirrors, indicators or their brain, than I see cyclists breaking the law.
Drivers simply like to hate them, but said drivers are usually more of a danger...

[Porkster]

This is a joke?

I cannot faithem how these people sleep at night, it is a law that should be taken from all proceedings.

It' simply unwarranted and in very bad taste.


Porkster

[vxssgurl]

Welcome to the American style of "law".
Except this one is Spain!
This, and many US cases (home invasions, car accidents etc) really need the laywers to be rounded up and given a good slapping to wake them all up. They are so busy debating points of law, that they often can't see the bigger picture of what really is "right" and "wrong" in the eyes of the community. The "win" is ALL that matters!
Law should be of benefit to the wider community, not just @rseholes in suits...
Saying that though, the rider was clearly a contributor to the accident.

Rounding up all the lawyers won't do it... it's the driver in this case, not his lawyer.

Like the dipshit landlord in Melbourne last week who sued a dead man's estate to recover rent after the tenant died without giving prior notice to break the lease...

I think that in this case, as the cyclist was named by the courts as contributing to the accident, then his "estate" (aka his parents) will probably have to foot the bill... especially as the driver's insurance company coughed out "compensation" (If you can call $20K compensation).

[Bravotwozero]

I meant two wide, not more than two.
People get really frustrated with cyclists, but to be honest, I see more motorbike riders weaving in and out of traffic or massively exceeding the speed limit, or car drivers not using mirrors, indicators or their brain, than I see cyclists breaking the law.
Drivers simply like to hate them, but said drivers are usually more of a danger...

Drive anywhere around bayside then. Dedicated bike lane yet they'll still take up most of the lane! :confused: I'll treat them as equals when they pay to use the roads like everybody else & start respecting road laws.

And what happens when I clean up half a dozen or so of them when they do run a red? They don't have property insurance or pay TAC premiums so who foots the bill?

[SS Enforcer]

And what happens when I clean up half a dozen or so of them when they do run a red? They don't have property insurance or pay TAC premiums so who foots the bill?

You do ...... and live with the guilt for the rest of your life.:confused:

cheers

[Bravotwozero]

You do ...... and live with the guilt for the rest of your life.:confused:

cheers

And you think that is fair?

[SS Enforcer]

And you think that is fair?

It's not but it's not going to change for the better so you have to get accept it . I have to punt a semi around these guys and dred the though of having one of em going under my trailer as I have seen it happen once before.

Just put it down to another traffic hazard like potholes, speed cameras and Volvo drivers.

cheers

[milkojnr]

Actually, I can empathise with the driver to some degree: I get fed up with cyclists ILLEGALLY pedalling 3-4 abreast taking up whole lanes, holding up traffic, and shooting through red lights as if the Road Code doesn't apply to them.


i agree with this statement. It is time the cyclist understood not to cut betten cars at the stop lights and go in front of my SSV!!!

Just think about cyclist I have V8 engine and love it use it!!!

[planetdavo]

Drive anywhere around bayside then. Dedicated bike lane yet they'll still take up most of the lane! :confused: I'll treat them as equals when they pay to use the roads like everybody else & start respecting road laws.

And what happens when I clean up half a dozen or so of them when they do run a red? They don't have property insurance or pay TAC premiums so who foots the bill?
I totally understand what you are getting at, but EVERY transport method has idiots. I see way more problems from cowboy motorbike riders weaving around cars, doing 150 down highways, or mono's off lights, truck drivers tailgating or "mysteriously exceeding" 100km/h in speed limited rigs, or car drivers not indicating, using their phones, tailgating, or commiting road rage, than I see cyclists breaking the law.
Just because you feel "they" don't belong on "your" roads is more your problem!
Write a letter to your local member of parliament if you feel there is a particularly bad problem near you.


I get fed up with cyclists ILLEGALLY pedalling 3-4 abreast taking up whole lanes, holding up traffic, and shooting through red lights as if the Road Code doesn't apply to them.

Makes them no different to the car drivers shooting red lights either....

[XLR8 V8]

UPDATE:
.....

Tomas Delgado, the Spanish businessman who sued the parents of the boy he ran over and killed, apparently had a change of heart and has decided to drop the lawsuit.

Delgado was doing nearly 100 m.p.h. in a 55 m.p.h. zone when he struck and killed Enaitz Iriondo, 17.

On Wednesday, Delgado’s lawyer announced that his client decided to ditch the case because of media pressure, Spanish National Radio reported. He spoke outside the court in the small town of Haro in northern Spain to a crowd of several hundred people.

[Oversteer]

To be honest guys some of the comments in this thread are a bit wrong, I thought someone else would have said it before me but I am quite often a cyclist myself and although i cant speak for every cyclist out there a lot of the sociable riders do obey traffic laws...but theres always a few that dont as with the drivers that never break the law...apart from speeding, not indicating whilst turning changing lanes, smsing while driving or having a couple of drinks, maybe one too many before driving that short distance home. We all break the law at some time and if we get caught we get caught.

Your right, the majority of riders dont pay rego or insurance for their bike but when they arent riding most id say do drive vehicles also, which they pay for. Just let the people out for a ride have their space if you can, its like us all going for a LS1 cruise and having the cops canary our cars for taking pride in them...just think before you yell abuse or swerve that is damn scary sometimes riding without any real protection with a car flying by at 80+ kmph.

At least the driver came to his senses in this instance and dropped the case, i was wondering what was coming of this world :)