Quote:
Originally Posted by trimer
What kind of litigation could these family proceed with? Suing for driving a car? Im not trying to be a smart as% and this is not an attack on your post but in all seriousness, what possibly could they sue for? A blown tire? sue for the fact that they were driving a 600 plus horsepower car and Porsche shouldnt build that fast of a car? THis will be interesting to see.
|
As far as the family of the driver is concerned, I would think that in order to be successful in any litigation they would have to prove that there was a mechanical malfunction with the car that caused the crash and driver's death. As for the passenger's family it is a completely different scenario. It is clear to me that if speed was a factor in the crash, the driver was the one operating the vehicle at the unsafe speed. Don't forget that "they" were not driving the car. Only one of them was the driver. Unless the passenger was reaching over and pushing the throttle or grabbing the steering wheel, I can't imagine how his family would not recover in a lawsuit against the driver. Driving a car at (presumably) double the speed limit is probably negligence per se. Failing to keep the vehicle under control and failing to stop it before the collision is negligence on the part of the driver. Since when does getting in a car with somebody give them a license to drive like a maniac and kill you? Is it any different than if the driver were intoxicated, crashed and killed his passenger?