![[dr. bob]](/dr-bob-sm.gif)
Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 21 of 21. This is the beginning of the thread.
Posted by Cam W. on August 22, 2000, at 23:13:23
Sorry, to bother everyone with this. I know it's not really a medical question, but it is affecting my mental health.
I just found out today that the gentleman who killed my daughter, Suzanne, probably will not be charged either criminally or with a traffic offence because there are no reliable witnesses (although many people saw it happen and saw him driving "aggressively). Wouldn't one think that the guy who was crossing in the lit crosswalk with her and was clipped be a reliable witness? I think that driver hit and killed her is fairly self evident. I don't want to get rich, I just would like some justice. Perhaps a proper crosswalk with stop lights or maybe an pedestrian overpass at the site.
I don't know laws in Florida, but this seems a little strange. Do I have to persue civil litigation ala O.J.? This guy is 23 years old and was driving a $30,000 truck with $10,000 insurance. He works in a restaurant, so I doubt you can squeeze blood from a stone (although, sometimes I would like to squeeze his head - but I am really not a violent person). Do I sue the resort who invited her to the karaoke night and didn't guarantee her safe return? Do I sue the guy who blocked her view of the truck and stepped out of the way before he was hit, leaving her to face the truck? Do I sue the city for not providing a safe passageway across a busy street, where 2 other people have been killed? Do I sue the police force for doing a drug and alcohol test on my daughter, but not on the driver? I mean for cripe sakes, she was already more than halfway across the street when hit.
Our lawyer up here has been ineffectual in procuring a U.S. lawyer for us (after all, it's only been two and a half months since the accident). I shouldn't really complain, though. She is doing this as a gratis favor for us and her contact in the states hasn't returned her calls.
The $10,000 insurance, which I haven't yet collected, doesn't cover returning her body to Canada and the funeral, let alone a lost vacation that we saved 2 years for. We still have six days on our non-refundable Disney passes, which cost us $1700 CDN with discount (although Disney did refund Suz's ticket - that was nice of them). We will be going back in another couple of years, so I guess this is a moot point. Besides, we owe CarolAnn and her husband a very nice dinner for the help that they gave us.
Sorry for the anger. Thanks for letting me vent - a sad Cam :´^(
Posted by Chris A. on August 23, 2000, at 0:09:25
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Dear Cam,
Go ahead and vent! The legal system is complicated in this country and extremely frustrating. I wish I could help you, but know very little about it. I've thought about you lots, appreciated your valuable input here, and have been hoping that you were taking good care of yourself and your family.
We're always on the lookout for a few good public health nurses (do I remember you referring to your wife as a 'baby stabber'? I got a kick out of that one since my hubby is immersed in public health). Pharmacists, especially good ones, are in very short supply here. Burnout is a big problem.It seems you should be able to file charges against the driver. A legal representative could put out a plea for witnesses in Florida, the main problem being that a vast majority would've been tourists and therefore difficult to locate.
Please feel free to express yourself here, as I know there are a lot of people who think of you fondly and are concerned. Just wish I could really be of some help.
What about contacting the Florida bar association?Blessings,
Chris A.
Posted by Cass on August 23, 2000, at 0:35:01
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Cam,
I'm so sorry to hear that things have been difficult for you regarding your daughter's death. Why on earth did the police do a drug and alcohol test on your daughter and not the driver? That seems ludicrous.
Why is the man who was clipped by the car an unreliable witness?
Has your attorney given you this information? Is your attorney competent enough?
I don't know a lot about the legal system, but it seems that the driver is culpable. If he has a 30,000 truck, he could be forced to sell it if you won a lawsuit, right?
Please go ahead and vent all you like. It is completely understandable. Maybe someone here will be able to help you more. Take good care of yourself.
Cass
Posted by Snowie on August 23, 2000, at 5:10:08
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Cam,
I am merely a lowly legal assistant in the State of Florida, although I did receive my B.A. degree in legal studies from the University of Central Florida. You obviously need to seek the advice of a Florida lawyer, but I'll give you my initial reaction about the case from what you've written.
Usually when an accident occurs that involves death or property damage, all possible witnesses are interviewed at the scene. A statement by each witness, addresses and telephone numbers are obtained in case they should be needed as witnesses at some point in the future. Any witness to an accident that involves death or property damage is required to wait until the authories arrive. The person who was with her should make an excellent witnesss, since he was obviously there when the accident occurred. However, if he was injured to the point where he doesn't remember much about the accident itself, he would obviously be of little use as a witness.
As for whether or not the driver can be criminally charged in the accident depends on many factors, such as was he driving while impaired (such as by alcohol or drugs); was he speeding; was he driving in a wreckless manner; did he ignore a stop or caution light; was his driver's license suspended, etc. Some pedestrian accidents are clearly the fault of the driver, others are the fault of the pedestrian, and some involve just being in the wrong place at the wrong time. If he was driving in a lighted area and plowed into two pedestrians already in a crosswalk, then he clearly was at fault. Res ipsa loquitur is a Latin legal term which means "the thing speaks for itself." On the other hand, if he was driving prudently and two pedestrians stepped out in front of his path, then probably not.
Regardless of who was at fault, I doubt you will get rich unless the driver of the vehicle was on the job at the time of the accident. Attorneys love accidents of this type since it involves "deep pockets" if at the time of the accident he was acting within the scope of his employment. If that is case, you could bring a civil suit against the driver's employer as well as the driver individually. If that is not the case, you could still bring a civil suit against the driver and his insurance company, but like you mentioned, you can't get blood out of a turnip. If the guy's driving history looks like a rap sheet, it's possible you could sue his insurance carrier for more than the term limits. His driving record is easily obtainable from the Florida Department of Motor Vehicles.
I doubt you could sue the karaoke resort who invited her unless she was a minor and they served her alcohol (a criminal offense), which might have impaired her otherwise normal reasoning that night. The resort would not have been allowed to serve alcohol to any person under the age of 21 in the State of Florida. If that is not the case, the resort would have no responsibility for her safe transportation to and from the resort. They could just as easily turn around and say that you, as her parent, had that responsibility.
If the crosswalk had no lights, it's possible that you have an action against whoever has jurisdiction over the crosswalk. I don't know where the accident occurred, so I don't know who has jurisdiction, but it would likely involve a transportation authority.
Just my thoughts from what you wrote ... I have felt very badly about this since I heard about the accident. Definitely do consult with a Florida lawyer about this. The Florida State Attorney's Office is usually reluctant to bring criminal charges against a person unless it feels it has a good case. If a driver has a clean driving record, was not driving impaired, and disputes the only witness (who may have difficulty remembering the details of the accident), then it comes down to a he said-she said type situation. However, whether or not criminal charges are filed doesn't preclude you from bringing a civil suit against the driver and his insurance company.
Snowie
> Sorry, to bother everyone with this. I know it's not really a medical question, but it is affecting my mental health.
>
> I just found out today that the gentleman who killed my daughter, Suzanne, probably will not be charged either criminally or with a traffic offence because there are no reliable witnesses (although many people saw it happen and saw him driving "aggressively). Wouldn't one think that the guy who was crossing in the lit crosswalk with her and was clipped be a reliable witness? I think that driver hit and killed her is fairly self evident. I don't want to get rich, I just would like some justice. Perhaps a proper crosswalk with stop lights or maybe an pedestrian overpass at the site.
>
> I don't know laws in Florida, but this seems a little strange. Do I have to persue civil litigation ala O.J.? This guy is 23 years old and was driving a $30,000 truck with $10,000 insurance. He works in a restaurant, so I doubt you can squeeze blood from a stone (although, sometimes I would like to squeeze his head - but I am really not a violent person). Do I sue the resort who invited her to the karaoke night and didn't guarantee her safe return? Do I sue the guy who blocked her view of the truck and stepped out of the way before he was hit, leaving her to face the truck? Do I sue the city for not providing a safe passageway across a busy street, where 2 other people have been killed? Do I sue the police force for doing a drug and alcohol test on my daughter, but not on the driver? I mean for cripe sakes, she was already more than halfway across the street when hit.
>
> Our lawyer up here has been ineffectual in procuring a U.S. lawyer for us (after all, it's only been two and a half months since the accident). I shouldn't really complain, though. She is doing this as a gratis favor for us and her contact in the states hasn't returned her calls.
>
> The $10,000 insurance, which I haven't yet collected, doesn't cover returning her body to Canada and the funeral, let alone a lost vacation that we saved 2 years for. We still have six days on our non-refundable Disney passes, which cost us $1700 CDN with discount (although Disney did refund Suz's ticket - that was nice of them). We will be going back in another couple of years, so I guess this is a moot point. Besides, we owe CarolAnn and her husband a very nice dinner for the help that they gave us.
>
> Sorry for the anger. Thanks for letting me vent - a sad Cam :´^(
Posted by Greg on August 23, 2000, at 8:34:33
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Cam,
I'm going to post to Haven about this, check it out when you have time.
Greg
Posted by CarolAnn on August 23, 2000, at 10:12:31
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Hi Cam, I sent you an e-mail about this, but wasn't sure if the address I have is still correct, so I'm posting here as well.
I found an Attorney Referrel Service that offers a free consultation. I did get the name and number of an attorney and spoke to him about your case, he is interested in talking to you. I don't want to put his number here, because it's his cell phone, but his name is Mitchell Fox and the phone number for the Referrel Service is: 1/800-529-8883, I'm sure that they could also refer someone else if you don't like Mr. Fox.
I hope your family are well, if there's anything else I can do, let me know. I'll be happy to go thru the yellow pages and call some other attorneys for you. CarolAnn
Posted by Nibor on August 23, 2000, at 10:47:58
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Cam--I'm so sorry about what has happened to your family. I wish I could be of help in the legal area. I do have some family in the Orlando area (also some in North Miami Beach). If you go down there, I'd be glad to put you in touch with them; they could help you get around, that sort of thing.
Nibor> Sorry, to bother everyone with this. I know it's not really a medical question, but it is affecting my mental health.
Posted by Mark H. on August 23, 2000, at 14:49:03
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Dear Cam,
I've waited months to write this note.
I suggest letting go of the "justice" aspect completely, including a better-lighted crosswalk or any other logical remedy. The best thing you can do is to forgive the young man who killed your daughter. (The best thing for YOU, Cam.)
Compensation for such things is never adequate, despite the highly publicized (but rarely collected) mega-awards that make the news. Everyone gets their piece. Personal injury attorneys typically get 30% to 40% of an award, if collectible, which may or may not include certain expenses they incur.
From now on, there is nothing personal about what happens. The young man will not be affected in any external way, and there is nothing you can (or should) do about it. Likewise, whatever settlement you receive (or don't) will never compensate your loss, nor will it be in proportion to your loss, nor will it have much (if anything) to do with the circumstances of your loss.
If you can accept all that with equanimity, then there are a few avenues to explore.
First, YOUR automobile, homeowners or blanket (so-called "umbrella") insurance MAY cover losses caused by under-insured drivers. Your agent may not be excited about telling you about this possibility. Any local (Canadian) lawyer experienced in personal injury could give you more information in a consultation.
For instance, when my wife Sue was hit on her bicycle by an under-insured motorist, his insurance company immediately settled with our attorney for the maximum award ($10,000), but our attorney subsequently pursued State Farm (our carrier) for a final settlement of about $70,000. Our agent had told us that they could probably come up with "an extra $500" for her pain and suffering. After bills and attorney's fees were paid, Sue received about $35,000 net.
Second, HIS homeowners, renters, or other insurance, if any, MAY be able to compensate you. Any competent Florida attorney experienced in personal injury would/should check for that. Depending on the lay of the property and other local considerations, the hotel's insurance company MIGHT be willing to make a small settlement just to be kept out of any further litigation. Again, this usually takes an experienced attorney to negotiate. Pursuing a municipality in the United States is a fool's errand. Forget suing the city.
How did you pay for your tickets? Some credit card companies provide automatic travel insurance, that may or may not apply to your circumstances. Again, the carrier (if any) might be willing to settle, even if liability is less than crystal clear.
Third, if the most an attorney stands to gain is 30% of $10,000, some of the lawyers eager to represent you will be incompetent and/or dishonest. I hate saying that, but I've seen enough of it locally to know that it's true everywhere. And I don't particularly think of south Florida as a place where legal ethics are especially well practiced.
A case like yours will never go to court. There is a "universal attorney to attorney agreement" as one author put it whereby each makes sure the other saves face with his client by being better off for having hired an attorney. You would not be well served by a court judgment anyway; it's usually better to negotiate a settlement through your attorney (if there is any insurance company with a probable liability).
I don't mean to be discouraging, but instead to suggest you handle it as an independent matter of business, putting as much distance as possible between the reason for your action and any follow up from here on. Have no expectations whatsoever. To attach the outcome -- or lack of outcome -- to your daughter's death is to guarantee disappointment and bitterness that will only dishonor your daughter's memory and what her wishes for you would be. Money is just money.
I hope your family's healing continues well. I am so sorry for your loss.
With appreciation,
Mark H.
Posted by Snowie on August 23, 2000, at 19:10:24
In reply to Re: U.S. legal questions, posted by Mark H. on August 23, 2000, at 14:49:03
Mark, it sounds as if you have had quite an experience with our legal system, and for the most part I agree with what you wrote.
I disagree with a few things, especially your statement that pursuing a municipality is a fool's errand. A former boss pursued at least two municipalities for his clients: Hernando County (he won big in that case, and they paid), and the Tampa Housing Authority (they settled, and they also paid). Whether you like it or not, lawyers play a vital role in our society, and through their efforts, changes are eventually made that make life safer and better for us all.
Here's a good link that might help Cam understand the basics of personal injury in the U.S. Knowledge is power. I wish you and your family only the best.
http://www.nolo.com/encyclopedia/pi_ency.html
Snowie
Posted by Mark H. on August 23, 2000, at 21:41:00
In reply to Re: U.S. legal questions » Mark H., posted by Snowie on August 23, 2000, at 19:10:24
Thanks, Snowie!
I was hoping others would speak up if they had different experiences or disagreed materially with anything I wrote.
Mark H.
Posted by Snowie on August 23, 2000, at 22:13:04
In reply to Re: U.S. legal questions Snowie, posted by Mark H. on August 23, 2000, at 21:41:00
Mark,
For the most part, I found you very knowledgeable about the Florida legal system. One thing I've never heard in my 20 years in the legal profession is the "universal attorney to attorney agreement" that you mentioned. Maybe that's because I've always worked for high caliber firms and attorneys during my career. I'm not saying it doesn't exist among some of the ambulance chasing types, but most reputable attorneys truly have their client's best interest at heart. Also, the really good attorneys don't advertise ... they don't have to. Word of mouth is their best advertisement.
Talking about taking on city hall, my former boss also filed suit against the Florida Department of Transportation. I left him while that case was still in the discovery phase, but my understanding is that the case eventually settled. My point was that you CAN fight city hall ... and you can win.
Snowie
> Thanks, Snowie!
>
> I was hoping others would speak up if they had different experiences or disagreed materially with anything I wrote.
>
> Mark H.
Posted by Cam W. on August 24, 2000, at 19:14:47
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Thank you very much, everyone. You have been a big help and are keeping me focused. My lawyer has said that my connections (you guys) are much better than hers and Patti and I should follow through on your suggestions, but first we are contacting some family friends. My inlaws have friends in Winter Park and we are contacting them to see if they have a lawyer that we could use.
CarolAnn - Thank you, again. You are a special person. Your husband is incredibly lucky. I may use the gentleman you recommended if the above falls through. Do you think that I should contact Mitchell and tell him this?
Snowie - Thank you for the detailed information. It clears up a lot of issues that we were wondering about. Do you work for a law firm? Could I use them? Perhaps there may be some issues that we could pose to the city, re the crosswalk lights.
Mark - Even though I blame the guy, perhaps justice was not the word I had meant. I think that what I would like would be for the gentleman to be held accountable for his actions; something that is not done very often these days. Forgiveness will come, but first I must grieve. Thank you for your input. Also, I really appreciate the dialogue between you and Snowie.
Like I said, I don't want to make money on this, but it would be nice not to have to go into debt, as we have, over something that was clearly someone else's fault. Here in Canada the pedestrian always has the right-of-way in a crosswalk, no matter the situation. I believe that is what my daughter had thought, especially since she was more than 1/2 way across the street.
I know that almost all of us have gone through a crosswalk when someone has been crossing (you know that awful feeling in the pit of your stomach), but if I had hit someone when I did it, I would expect to be held responsible. Even driving through a crosswalk while occupied is a ticketable offense in Canada.
As I have said before, you guys are the best.
(...all I want to know is, are you kind? - Uncle John's Band - Grateful Dead). You all are so kind.
A very grateful Cam.
Posted by Snowie on August 24, 2000, at 20:28:34
In reply to Re: U.S. legal questions, posted by Cam W. on August 24, 2000, at 19:14:47
Cam,
Yes, I work for a very reputable Tampa law firm. Also, pedestrians have the right-of-way in a crosswalk here in Florida as well. See the link below to Florida Statutes Sec. 316.130 Pedestrian obedience to traffic control devices and traffic regulations.-- (see particularly Sec. 316.130(7) Fla. Stat.).
If for some reason that link doesn't take you to the correct statute, I'll copy and email it to you.
Snowie
Posted by Cam W. on August 24, 2000, at 21:46:13
In reply to Re: U.S. legal questions » Cam W., posted by Snowie on August 24, 2000, at 20:28:34
Snowie - Thank you very much. This will be really helpful. Yes, I was able to get to the site and printed it off. I think that (7) states that pedestrians do have the right-of-way in a crosswalk, but a defense might counter with (8) saying she stepped in front of him. I don't think (8) will apply in this case because she was almost 3/4 the way across when she got hit. Am I allowed to challenge an investigator on his decision not to press any charges? Criminal charges are possibly not warranted, but I think he could be charges under Chapter 316(7). I may being calling you on a professional basis if my Orlando connection falls through (God, sounds like a drug deal).
This is so nice of you to help like this. - Cam
Posted by Jennifer on August 24, 2000, at 23:21:13
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
Dear Cam,
I'm not sure how much we can help, but I printed out your posting for my husband, who is a Deputy Sheriff here in California. We have many similar "right of way" laws, to Florida. He had some other questions for you, and if you feel that you need the additional help, please email me individually. I typed in my address above this time. He will do his best from the law enforcement standpoint.
If you were here, charging him with murder wouldn't fly, however, he should have been charged with vehicular manslaughter. Unfortunatly, there are a lot of politics involved. Since we are in S. Calif, we are aware of Los Angeles' statistics where there District Attorney boasts a 98% conviction rate for criminals. What isn't publicized is that he only takes about 2% of the cases to trial. If the evidence isn't overwhelming, he just doesn't do it. The system is so overloaded.
You do have some recourse...but need a civil attorney, not a criminal one. Well, I won't ramble, just send me an email if you need more help. Our prayers are with you. Jennifer
> Sorry, to bother everyone with this. I know it's not really a medical question, but it is affecting my mental health.
>
> I just found out today that the gentleman who killed my daughter, Suzanne, probably will not be charged either criminally or with a traffic offence because there are no reliable witnesses (although many people saw it happen and saw him driving "aggressively). Wouldn't one think that the guy who was crossing in the lit crosswalk with her and was clipped be a reliable witness? I think that driver hit and killed her is fairly self evident. I don't want to get rich, I just would like some justice. Perhaps a proper crosswalk with stop lights or maybe an pedestrian overpass at the site.
>
> I don't know laws in Florida, but this seems a little strange. Do I have to persue civil litigation ala O.J.? This guy is 23 years old and was driving a $30,000 truck with $10,000 insurance. He works in a restaurant, so I doubt you can squeeze blood from a stone (although, sometimes I would like to squeeze his head - but I am really not a violent person). Do I sue the resort who invited her to the karaoke night and didn't guarantee her safe return? Do I sue the guy who blocked her view of the truck and stepped out of the way before he was hit, leaving her to face the truck? Do I sue the city for not providing a safe passageway across a busy street, where 2 other people have been killed? Do I sue the police force for doing a drug and alcohol test on my daughter, but not on the driver? I mean for cripe sakes, she was already more than halfway across the street when hit.
>
> Our lawyer up here has been ineffectual in procuring a U.S. lawyer for us (after all, it's only been two and a half months since the accident). I shouldn't really complain, though. She is doing this as a gratis favor for us and her contact in the states hasn't returned her calls.
>
> The $10,000 insurance, which I haven't yet collected, doesn't cover returning her body to Canada and the funeral, let alone a lost vacation that we saved 2 years for. We still have six days on our non-refundable Disney passes, which cost us $1700 CDN with discount (although Disney did refund Suz's ticket - that was nice of them). We will be going back in another couple of years, so I guess this is a moot point. Besides, we owe CarolAnn and her husband a very nice dinner for the help that they gave us.
>
> Sorry for the anger. Thanks for letting me vent - a sad Cam :´^(
Posted by Cam W. on August 24, 2000, at 23:37:35
In reply to Re: U.S. legal questions » Cam W., posted by Jennifer on August 24, 2000, at 23:21:13
Thanks much, Jennifer. I may take you up on that. I really appreciate yours and everyone's help. Have you ever seen such a caring group of people? I could hug you all. - Sincerely, Cam.
Posted by Snowie on August 26, 2000, at 10:30:48
In reply to Re: U.S. legal questions » Snowie, posted by Cam W. on August 24, 2000, at 21:46:13
Cam,
I'm feeling a little down right now, but I'll respond to this in a day or so. I'm happy to help to the extent that I am able ... to quote you, "it's what I do." Also, I'll respond to Jennifer's post since I too don't understand why he wasn't charged with vehicular manslaughter.
Snowie
> Snowie - Thank you very much. This will be really helpful. Yes, I was able to get to the site and printed it off. I think that (7) states that pedestrians do have the right-of-way in a crosswalk, but a defense might counter with (8) saying she stepped in front of him. I don't think (8) will apply in this case because she was almost 3/4 the way across when she got hit. Am I allowed to challenge an investigator on his decision not to press any charges? Criminal charges are possibly not warranted, but I think he could be charges under Chapter 316(7). I may being calling you on a professional basis if my Orlando connection falls through (God, sounds like a drug deal).
>
> This is so nice of you to help like this. - Cam
Posted by CarolAnn on August 26, 2000, at 15:17:51
In reply to Re: U.S. legal questions, posted by Cam W. on August 24, 2000, at 19:14:47
>
> >CarolAnn - Thank you, again. You are a special person. Your husband is incredibly lucky. I may use the gentleman you recommended if the above falls through. Do you think that I should contact Mitchell and tell him this?
> > > > >Cam, you're welcome. It's up to you about contacting Mitchell, like I said, he is a referrel not a recommendation, so I don't know him personally, only spoke to him once on your behalf. But, it won't cost anything to call him, so it couldn't hurt just to let him know you have his number in case your lawyer doesn't work out.
take care, CarolAnn
Posted by Snowie on August 27, 2000, at 12:08:48
In reply to Re: U.S. legal questions » Snowie, posted by Cam W. on August 24, 2000, at 21:46:13
Cam,
#1 If you haven't already done so, re-create the accident in words onto paper ... in other words, write it down. You need as much detailed information as possible. Time has already passed since the accident, and your memory of what happened has faded some, and will continue to fade. Write down everything that happened now while it is still fairly fresh, i.e., who she was with and his address; name and address of the resort; any other witnesses?; city, county, and name of the street which contained the crosswalk where she was hit; time of the accident; where she was in the crosswalk; did the crosswalk have lights that were burned out, malfunctioning, or just no lights at all?; etc., if you haven't done so already. This will help your legal counsel help you.
#2 Hopefully you have a copy of the accident report. If not, you need to get one. Probably the accident report will also include a re-creation drawing of how the accident occurred. Let me know if you don't have a copy.
I'll look at the statutes again, and also other references which probably aren't online. There's a Hillsborough County Law Library not too far from where I work. However, I am limited to how much I can help since I don't know many of the facts.
If you need help finding an attorney, let me know, since I can help you there. There are plenty of good Orlando attorneys ... all I have to do is email the attorneys in our offices and they'll send me a list. If you are interested, I can have one of the attorneys in our office contact you by email for no other purpose than to give you his take on the case and steer you in the right direction.
Good luck ... we'll do our best to help.
Snowie
> Snowie - Thank you very much. This will be really helpful. Yes, I was able to get to the site and printed it off. I think that (7) states that pedestrians do have the right-of-way in a crosswalk, but a defense might counter with (8) saying she stepped in front of him. I don't think (8) will apply in this case because she was almost 3/4 the way across when she got hit. Am I allowed to challenge an investigator on his decision not to press any charges? Criminal charges are possibly not warranted, but I think he could be charges under Chapter 316(7). I may being calling you on a professional basis if my Orlando connection falls through (God, sounds like a drug deal).
>
> This is so nice of you to help like this. - Cam
Posted by kellyR. on August 27, 2000, at 20:04:20
In reply to U.S. legal questions, posted by Cam W. on August 22, 2000, at 23:13:23
> Sorry, to bother everyone with this. I know it's not really a medical question, but it is affecting my mental health.
>
> I just found out today that the gentleman who killed my daughter, Suzanne, probably will not be charged either criminally or with a traffic offence because there are no reliable witnesses (although many people saw it happen and saw him driving "aggressively). Wouldn't one think that the guy who was crossing in the lit crosswalk with her and was clipped be a reliable witness? I think that driver hit and killed her is fairly self evident. I don't want to get rich, I just would like some justice. Perhaps a proper crosswalk with stop lights or maybe an pedestrian overpass at the site.
>
> I don't know laws in Florida, but this seems a little strange. Do I have to persue civil litigation ala O.J.? This guy is 23 years old and was driving a $30,000 truck with $10,000 insurance. He works in a restaurant, so I doubt you can squeeze blood from a stone (although, sometimes I would like to squeeze his head - but I am really not a violent person). Do I sue the resort who invited her to the karaoke night and didn't guarantee her safe return? Do I sue the guy who blocked her view of the truck and stepped out of the way before he was hit, leaving her to face the truck? Do I sue the city for not providing a safe passageway across a busy street, where 2 other people have been killed? Do I sue the police force for doing a drug and alcohol test on my daughter, but not on the driver? I mean for cripe sakes, she was already more than halfway across the street when hit.
>
> Our lawyer up here has been ineffectual in procuring a U.S. lawyer for us (after all, it's only been two and a half months since the accident). I shouldn't really complain, though. She is doing this as a gratis favor for us and her contact in the states hasn't returned her calls.
>
> The $10,000 insurance, which I haven't yet collected, doesn't cover returning her body to Canada and the funeral, let alone a lost vacation that we saved 2 years for. We still have six days on our non-refundable Disney passes, which cost us $1700 CDN with discount (although Disney did refund Suz's ticket - that was nice of them). We will be going back in another couple of years, so I guess this is a moot point. Besides, we owe CarolAnn and her husband a very nice dinner for the help that they gave us.
>
> Sorry for the anger. Thanks for letting me vent - a sad Cam :´^(I am truly sorry to hear about your loss, but you do have a course of action against the driver and possibly the police. Your next step should be to contact the Florida Bar Association for an attorney referral. You might be able to find one on the web too. You said you wern't looking to get rich, a US judge once sentenced a person to write a one dollar check every month for the rest of his life to the family of his victim, so he would not forget the pain and sorrow he inflicted on them. I don't know what the judges in florida might do, but I hope it will come to a close for you and your family. (kellyr's husband glenn)
Posted by Snowie on August 27, 2000, at 22:44:31
In reply to Re: U.S. legal questions » Cam W., posted by kellyR. on August 27, 2000, at 20:04:20
Sorry, but I'm re-reading this again and I missed quite a bit from my first reading. I'm almost certain that it's mandatory in the State of Florida that the police test a driver for impairment (drugs or alcohol) in the event of a death. Also, apparently the crosswalk was lighted (missed that the first time), which meant that the driver should have be able to see the kids walking across. Most busy crosswalks do (or should) have stop signals for pedestrians to safely walk across, but the pedestrians have to push a button to activate it. This is getting stranger by the minute. This didn't happen on Disney property, did it? Just curious.
Snowie
> > Sorry, to bother everyone with this. I know it's not really a medical question, but it is affecting my mental health.
> >
> > I just found out today that the gentleman who killed my daughter, Suzanne, probably will not be charged either criminally or with a traffic offence because there are no reliable witnesses (although many people saw it happen and saw him driving "aggressively). Wouldn't one think that the guy who was crossing in the lit crosswalk with her and was clipped be a reliable witness? I think that driver hit and killed her is fairly self evident. I don't want to get rich, I just would like some justice. Perhaps a proper crosswalk with stop lights or maybe an pedestrian overpass at the site.
> >
> > I don't know laws in Florida, but this seems a little strange. Do I have to persue civil litigation ala O.J.? This guy is 23 years old and was driving a $30,000 truck with $10,000 insurance. He works in a restaurant, so I doubt you can squeeze blood from a stone (although, sometimes I would like to squeeze his head - but I am really not a violent person). Do I sue the resort who invited her to the karaoke night and didn't guarantee her safe return? Do I sue the guy who blocked her view of the truck and stepped out of the way before he was hit, leaving her to face the truck? Do I sue the city for not providing a safe passageway across a busy street, where 2 other people have been killed? Do I sue the police force for doing a drug and alcohol test on my daughter, but not on the driver? I mean for cripe sakes, she was already more than halfway across the street when hit.
> >
> > Our lawyer up here has been ineffectual in procuring a U.S. lawyer for us (after all, it's only been two and a half months since the accident). I shouldn't really complain, though. She is doing this as a gratis favor for us and her contact in the states hasn't returned her calls.
> >
> > The $10,000 insurance, which I haven't yet collected, doesn't cover returning her body to Canada and the funeral, let alone a lost vacation that we saved 2 years for. We still have six days on our non-refundable Disney passes, which cost us $1700 CDN with discount (although Disney did refund Suz's ticket - that was nice of them). We will be going back in another couple of years, so I guess this is a moot point. Besides, we owe CarolAnn and her husband a very nice dinner for the help that they gave us.
> >
> > Sorry for the anger. Thanks for letting me vent - a sad Cam :´^(
>
>
>
>
>
>
>
> I am truly sorry to hear about your loss, but you do have a course of action against the driver and possibly the police. Your next step should be to contact the Florida Bar Association for an attorney referral. You might be able to find one on the web too. You said you wern't looking to get rich, a US judge once sentenced a person to write a one dollar check every month for the rest of his life to the family of his victim, so he would not forget the pain and sorrow he inflicted on them. I don't know what the judges in florida might do, but I hope it will come to a close for you and your family. (kellyr's husband glenn)
This is the end of the thread.
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