Savage Beatings Posted August 3, 2011 Share Posted August 3, 2011 The driver was my niece. She only had one glass of wine that night (but she is not of legal drinking age yet), and she was not arrested... but she is beside herself with grief at the thought that this man might not make it. Quote Link to comment Share on other sites More sharing options...
peepinmofo Posted August 3, 2011 Share Posted August 3, 2011 Sorry to hear. Hope the guy makes it. Also hope your neice doesnt get much more than probation (assuming the one glass is in fact all she had). Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted August 3, 2011 Author Share Posted August 3, 2011 In terms of legal trouble, I'm more worried that if the guy has any family, and he passes away that they might go after her in a civil suit. But big picture I hope for both of their sakes that the guy pulls through ok. It would be emotionally devastating if she ends up living the rest of her life with that on her conscious. Quote Link to comment Share on other sites More sharing options...
SeductiveNun Posted August 3, 2011 Share Posted August 3, 2011 At first glance, this does not look good. Hope the person in the wheelchair recovers, and I hope your niece will be OK. I can't imagine how she's feeling right now. My thoughts to your family and that everything turns out for the best for all parties. Quote Link to comment Share on other sites More sharing options...
matt770 Posted August 3, 2011 Share Posted August 3, 2011 Horrible that she has to deal with that. If she just had one drink, doubtful that it was a factor. But that probably doesn't help with her feelings of guilt. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted August 3, 2011 Author Share Posted August 3, 2011 She passed the breathalizer on the scene, but a trace did show up. There was at least one witness who kept telling her that it was not her fault (so that's good). But I guess the guy in the wheelchair really went flying hard after getting hit. He is still critical. Quote Link to comment Share on other sites More sharing options...
matt770 Posted August 3, 2011 Share Posted August 3, 2011 She passed the breathalizer on the scene, but a trace did show up. I was wondering about this. So legally, she was not impaired and she had the right of way. The guilt is unavoidable and she should see a counselor for that. But I don't see how there could be any grounds for a lawsuit here. And what the hell is a guy in a wheelchair doing crossing the street at 2 in the morning? I hope they tested him for alcohol/drugs as well. Quote Link to comment Share on other sites More sharing options...
SeductiveNun Posted August 3, 2011 Share Posted August 3, 2011 On the St. Paul Pioneer Press website in the comments section, one of the comments about the guy in the wheelchair was that he had MS. Although that same commenter was typing somewhat histrionically (can you even do that?) so take that for what it's worth. Also, the commenters version of what happened and what Savage has been stating in this thread don't seem to go together all that well. She seems to be very accusatory. Hopefully you don't have to log in to the site to see the article. Link Quote Link to comment Share on other sites More sharing options...
Ursa Majoris Posted August 3, 2011 Share Posted August 3, 2011 On the St. Paul Pioneer Press website in the comments section, one of the comments about the guy in the wheelchair was that he had MS. Although that same commenter was typing somewhat histrionically (can you even do that?) so take that for what it's worth. Also, the commenters version of what happened and what Savage has been stating in this thread don't seem to go together all that well. She seems to be very accusatory. Hopefully you don't have to log in to the site to see the article. Link She's related, beyond a doubt, IMO. Quote Link to comment Share on other sites More sharing options...
loaf Posted August 3, 2011 Share Posted August 3, 2011 sorry for all involved and hope all turns out for the best Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted August 3, 2011 Share Posted August 3, 2011 Very sorry to hear. Hoping she is going to get out of this without too much trouble. Dude shouldn't have been in the moddle of the intersection. I was working in Miami near the airport one summer. Every morning while going into work there was this dude, wearing camo pants and shirt, in a wheel chair, rolling himself backwards, into traffic, down the middle of a 5 lane, divided road, while shooting everyone a bird over his shoulder. I really think he wanted to die. Quote Link to comment Share on other sites More sharing options...
matt770 Posted August 3, 2011 Share Posted August 3, 2011 She's related, beyond a doubt, IMO. I wanted to post this but I'm not on Facebook: Gee 'Tasha, you should speak to the police if you were a witness. Your account of the accident is much different than the news report. Quote Link to comment Share on other sites More sharing options...
Chavez Posted August 3, 2011 Share Posted August 3, 2011 I wanted to post this but I'm not on Facebook: I'd love to post it, but I can see that woman driving the 5 hrs to my house in a fit of rage and stabbing me with a harpoon. Quote Link to comment Share on other sites More sharing options...
Chavez Posted August 3, 2011 Share Posted August 3, 2011 I was wondering about this. So legally, she was not impaired and she had the right of way. Don't know about Minnesota, but in Wisconsin pedestrians in a crosswalk have the right of way. Usually common sense prevails and people don't exploit this. And what the hell is a guy in a wheelchair doing crossing the street at 2 in the morning? I hope they tested him for alcohol/drugs as well. What would anyone be doing crossing a street at 2 am? People in wheelchairs can do stuff like run to the store, have a late night over at a friend's place, be out at a tavern, etc just like us "real" people. Quote Link to comment Share on other sites More sharing options...
Azazello1313 Posted August 3, 2011 Share Posted August 3, 2011 Don't know about Minnesota, but in Wisconsin pedestrians in a crosswalk have the right of way. Usually common sense prevails and people don't exploit this. umm, not against a "don't walk" signal and a green light the other way. this is tragic for the guy who was hit, but savage it sounds like your niece broke no law and is not at fault in this horrible accident. Quote Link to comment Share on other sites More sharing options...
Clubfoothead Posted August 3, 2011 Share Posted August 3, 2011 Hopefully it turns out well for everyone. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted August 3, 2011 Author Share Posted August 3, 2011 this is tragic for the guy who was hit, but savage it sounds like your niece broke no law and is not at fault in this horrible accident. She said that she had one glass of wine around 9pm (I believe her in this account... I've seen her drink and she rarely has more than a single glass). The accident took place after 1:30am, so that's a long time to have one glass of wine in your system. She certainly wasn't drunk, but I don't know how fast she was going. The police acknowledge that she had the right of way, and it's telling that she wasn't arrested for anything. But man, this could really haunt her for a long time (in many ways). Thanks for the support fellas. Quote Link to comment Share on other sites More sharing options...
i_am_the_swammi Posted August 3, 2011 Share Posted August 3, 2011 I'm shocked to see this, and hope your niece isn't sued, but I found this article relative to "crossing against the light:" Q: I was crossing against the light (jaywalking) and was hit by a car. Since the driver could see me and should have avoided, can I still sue? A: As you have no doubt realized, it is never a good idea to cross against the light. However, in your case, the court may find that the driver had the “last clear chance” to avoid the accident and therefore impose liability on the driver. You can expect, however, that your damages award may be decreased somewhat because you violated the law. The amount your reward will be reduced is up to the jury or insurance adjuster. Some issues they may take into account include whether you reasonably could have believed that you had time to cross before a car came, and what other circumstances, such as impaired sight lines, contributed to the accident. If the driver is held liable for your damages, you can expect your attorney to ask for reimbursement for medical expenses as well as for any time that you lost from work as a result of your injuries, damages for pain and suffering, and, if applicable, damages for your spouse or family members if they were without your companionship for any length of time. However, the value of your case will depend on the facts, the location, the amount of insurance coverage, the wealth of the driver, and the assets and insurance of anyone else in any way at least partially responsible – plus the skill of the attorney involved. Quote Link to comment Share on other sites More sharing options...
Chief Dick Posted August 3, 2011 Share Posted August 3, 2011 Sending positive vibes both to your niece and that man. Quote Link to comment Share on other sites More sharing options...
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