What would you do?

[Professor]

So, my dad was driving to work one morning a few weeks ago. Was stuck in stop-n-go traffic. He looked up in the rearview, and had just enough time to think "He's not going to stop" before a Ford Ranger plowed into him. The kid driving the truck later told the cops that he had been going "about 70" (which means, if that's what he admitted to, he was probably doing 80 or more) and had reached down to pick up his cell phone.

My dad had immense neck pain from the site of a former surgery site (had C4-C5 fused). Later, it was diagnosed that he probably has a slipped disc between C6-C7 that may need surgery.

Pic of the wreck.



Here's the question part. The kid is 19 years old. Parents probably pay his insurance, but he was the driver. He's in college right now. He was obviously distracted while driving. So, if his insurance (pays medical bills up to $50k) doesn't cover the cost of surgery for my dad, what to do? Would you ruin the kids' life by going after him and his parents for it? Or not?

Also, sidebar discussion (based on the drinking and driving thread) - should there be individual laws for cell phone usage, drinking, etc. while driving, or should there simply be one law concerning anything that detracts from your ability to drive?

[Darkhorse]

Yes.

[Spider]

One law should cover it.

And yes, go after him, but not the parents. His life, his f*ckup, his liability. Parents don't have anything to do with it. Make the little puke pay, and make sure other little pukes see him pay.

[eynon81]

I think you and your dad are decent people for even posing the question.

[The Dude]

I don't think you should go after ruining him but you should go after your own expenses, whatever they may be. I understand not wanting to ruin someone, but you can't let yourself be ruined, either.

It would be one thing if you went after far more than you deserved but if it's just about covering whatever loss your dad would take, you're right from a moral standpoint.

[lil bit]

[exploited]

I'd offer a private, arbitrated settlement that takes into consideration the kids financial needs. Perhaps a payment plan over ten years. Make it legally binding. The idea of "teaching him a lesson" is pretty stupid. Unless the kid is some sort of monster, he has already been taught a lesson. So work something out with him.

If he won't take responsibility on his own, sue, and force the responsibility. But there is no reason to jump to that conclusion.

As for the distracted driving legislation, I like what my province, Ontario, did. They introduced a hands-free driving law and made the punishment crazy punitive for about a year. It was a $1000 fine for dialing/texting while driving. After the year, it went down to around $200. This got people to change their habits quick.

[Winchester]

You ain't gonna get anything out of a 19yo other than what his insurance covers. Doubt very much you can get anything outta his parents. If your dad carried uninsured/under-insured coverage on his policy then the insurance companies could duke it out.

[Hyperion]

There should be laws that increase penalties for being distracted (drunk, eating, talking on a cell phone, even handling a toddler) but not hardcore stop and searches unless another crime is first committed.

[Dennis]