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2008-01-25 3:28 PM

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Subject: Driver sues dead cyclists family for car damage

Reuters
Spanish driver sues dead crash cyclist for damage

Fri Jan 25, 10:37 AM ET

MADRID (Reuters) - A Spanish driver who collided with a cyclist is suing the dead youth's family $29,300 for the damage the impact of his body did to his luxury car, a Spanish newspaper reported on Friday.

Businessman Tomas Delgado says 17-year-old Enaitz Iriondo caused $20,500 of damage to his Audi A8 in the fatal 2004 crash in La Rioja region, the El Pais newspaper reported.

Delgado, who has faced no criminal charges for the incident, wants a further 6,000 euros to cover the cost of hiring another vehicle while his car was being repaired, El Pais said.

The youth had been cycling alone at night without reflective clothing or a helmet, according to a police report cited by El Pais.

His family won 33,000 euros compensation from Delgado's insurance company after the firm acknowledged he had been driving at excessive speed and this could have contributed to the incident, El Pais reported.

"I'm also a victim in all of this, you can't fix the lad's problems, but you can fix mine," Delgado told the newspaper, ahead of a January 30 legal decision on his suit.

The family said they had previously pitied Delgado for the guilt he must feel at killing their son but were now disgusted that his greatest concern appeared to be money.

"This was the final straw, a kick in the teeth," the youth's mother Rosa Trinidad told El Pais

 

I don't even know where to start.



2008-01-25 3:31 PM
in reply to: #1176483

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Master
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Subject: RE: Driver sues dead cyclists family for car damage
I saw that this afternoon and was absolutely stunned!  I can't believe the court is even considering it.
2008-01-25 3:47 PM
in reply to: #1176486

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Subject: RE: Driver sues dead cyclists family for car damage
BAMBAM66 - 2008-01-25 3:31 PM

I saw that this afternoon and was absolutely stunned!  I can't believe the court is even considering it.


Tough to evaluate without all the facts. Looks like the kid did have some fault in the accident. I have no idea what kind of comparative negligence law Spain has, but this suit may not be as ridiculous as it appears at first blush.
2008-01-25 4:02 PM
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Subject: RE: Driver sues dead cyclists family for car damage

MUL98 - 2008-01-25 3:47 PM
BAMBAM66 - 2008-01-25 3:31 PM I saw that this afternoon and was absolutely stunned! I can't believe the court is even considering it.
Tough to evaluate without all the facts. Looks like the kid did have some fault in the accident. I have no idea what kind of comparative negligence law Spain has, but this suit may not be as ridiculous as it appears at first blush.
 

I suppose legally  there may be merit to the suit, but that still doesn't make it right.

2008-01-25 4:04 PM
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Subject: RE: Driver sues dead cyclists family for car damage
morgenrr - 2008-01-25 4:02 PM

MUL98 - 2008-01-25 3:47 PM
BAMBAM66 - 2008-01-25 3:31 PM I saw that this afternoon and was absolutely stunned! I can't believe the court is even considering it.
Tough to evaluate without all the facts. Looks like the kid did have some fault in the accident. I have no idea what kind of comparative negligence law Spain has, but this suit may not be as ridiculous as it appears at first blush.
 

I suppose legally  there may be merit to the suit, but that still doesn't make it right.




Huh?

If the kid was at fault and damaged the car why shouldn't his estate have to pay for it? What's "not right" about that?
2008-01-25 4:11 PM
in reply to: #1176483

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Elite
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Subject: RE: Driver sues dead cyclists family for car damage

It sounds like they were both at fault...excessive speed on the driver...no reflective gear for the rider...It's not right because the lad already paid for his mistake with his life.  And the drive has paid for his mistake financially.  He should be calling it even and grateful that no charges were brought up against him. 

We don't have all the facts, that is true...and maybe you can justify it leagally...but there is also a certain amount of tact and compasion that this gentleman seems to be lacking.  In my opinion. 



2008-01-25 4:18 PM
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Expert
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Subject: RE: Driver sues dead cyclists family for car damage
And I thought this was only the "American Way". Still unbelievable on so many levels.
2008-01-25 4:21 PM
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Champion
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Subject: RE: Driver sues dead cyclists family for car damage
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