Recent comments in /f/jerseycity

kulgan t1_j64rsjj wrote

> Shouldn’t you be just as aware when riding a bicycle?

Sort of, but not really. The burden of responsibility is much higher for the activity that can and does fairly regularly kill lots of people, knock down buildings, etc. Dude was an idiot, but he wasn't traveling at a speed and mass to do much damage.

How do you even start to explain her not seeing him? Was she drunk? A large man was right in front of her for about 3 seconds and her only reaction was to open her mouth in the frame that she hit him. If she didn't see him, she maybe shouldn't be allowed to drive.

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doglywolf t1_j64r08p wrote

Its zero cost to him - most injury lawyers work on commission but they take the lions share to compensate for the risk .

My mom got a million dollar settlement from an accident that jacked up her arm for life. She barely got enough out of it to cover medical cost .

After medical bills which were about 80k after multiple surges (AFTER insurance covered their part no less) i think she got like less then 40k and lawyers ended up with the rest.

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doublen00b t1_j64qoue wrote

I understand completely what you are saying. My understanding is that the law is written that you are to try and avoid accidents all costs. She pled guilty already to fleeing the scene of accident and failure to report.

I would bet a good attorney sees a window and can create a scenario that she was negligent or not fully paying attention and did nothing to avoid the accident. Maybe cell records will be requested, medical history etc (driving on meds when not supposed to etc), substance abuse, without knowing a lot more its hard to say what happened.

I would put money on out of court settlement.

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doglywolf t1_j64qdjo wrote

there are also hiking groups on Meetup in JC that make plans to travel together to places or if they get enough people charter a ride that only ends up cost $15 a person as well.

Have not done it with them since pre covid so not sure of their post covid status but check meetup.com

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originatorn t1_j64pjo3 wrote

Just an FYI for folks: For NJ tort law, it doesn't matter if he was also negligent. What matters for determining if damages can be awarded is whether she was more negligent. And, whether she was negligent depends on how a reasonable person would act given these facts and circumstances and if she deviated from that standard. (Google "comparative negligence" for more info.)

This is just what I remember off the top of my head from law school, so someone feel free to correct me.

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doglywolf t1_j64pdf4 wrote

You can't . The city should not be Liable unless she was in the act of preforming city duties.

If it was a city owned/ provided vehicle that might be some gray area.

​

However here is where the BS comes in. If her supervisors like her , they can claim she was on her way to work in city vehicle and in the act of preforming her job to put her under that umbrella of protection that the average city worker would not get.

They can straight out lie and say she was on the way to an important meeting with someone or such things to help protect her form civil liability at the cost of the tax payer.

Which should absolutely not be done in this case .

She got an absolutely slap on the wrist . I can't wait for all the Reddit post of picture of her around town driving now that her license is suspended and nothing being done about that lol .

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