Hypothetical Scenario

[nightmar3]

How do accord blame, responsibility & compensation?

 

Wah. This one fierce liao. In usual case, those alive will be eternally scared for life. No point pointing the finger. What done is done. By pointing the finger, its almost like crying over split milk.

 

What i think should happen in this case, should be this group of friends should finacially aid the parents of the dead.

 

Since allan is the one who will fully recover, he should aid not only the parents but also his handicapped friends. This burden will be for the rest of his life i guess.. Aiding his parents and friends finacially does not mean fixed sum a month or so. I think it should be more of paying within his means. (after all he has bills, parents, etc)

 

2c

[GuiNNeSS]

Can some legal eagles and insurance agents explain about such claims.

[Demon]

How about we discuss another scenerio...(I find the final result of the TS case quite good. And it moves the mind to think more about social responsibilites and legalities.)

 

So here's a twist of the story.

 

4 friends went pubbing.

 

Allan is the designated driver.

Benny is the owner of the car

Carl & Donovan are passenger.

 

Driving along a road after the pubbing. Allan crashed the car.

 

Carl's left arm was amputated at the elbow. Carl is a right hander.

 

Donavan died.

 

Benny & Allan both suffers serious cuts & bruises. Benny lost an eye and Allan broke his ribs.

 

How do accord blame, responsibility & compensation?

 

I am no lawyer or insurance agent but if Allan has a valid driving licence, and not driving under the influence of alcohol or durgs, then Carl, and the estate of Donovan can sue Benny's insurer. Benny has to swear to God that he authorised Allan to drive.

 

If Benny has comprehensive insurance, he can claim against that, if not, he can privately broker a settlement with Allan.

 

It's up to the state to build a case against Allan. If found guilty, at most a few thouand dollars fine and up to 10 years driving ban.

 

[crazydj]

It happened like this.

 

patricia - driver

james - driver's bf

cathy - owner of car

shaun - backseat passenger

me - back seat passenger

kenny - designated driver but did not drive(went home by cab cos drunk)

 

we all went clubbing. we appointed kenny to be the driver cos cathy was determined to get drunk that night. but kenny got drunk too. me and james got no license. so we asked patricia (sober and got license) to drive. She said ok.

 

Then patricia crashed the car, really due to her lack of experience and poor judgement. we were travelling at 70-80km/h on a major road(4 lane) and then she realised we had to turn left(she not very familiar with the route). she turned sharply into the bend, but the car was severely understeered. crashed into divider. no one injured.

 

now james claimed that patricia should not pay. and the rest of us divide the cost of repair, with cathy paying a bigger portion because its her car and that she was the party organiser. and james said that kenny should pay too cos he was the designated driver.

 

what do you guys think of this?

 

I think you have horrible friends and should get new friends. In my opinion, most women drivers are, well... women. Anyway, that is besides the point. I think that who is behind the wheel should bear the costs because it was the mistake of the driver. If the passengers are rowdy, the driver has to control them. When i am driving and my friends start to mess around in the car, i will tell them to shut the hell up or get out of my car. And they know i'm dead serious. But they never done that before anyway.

 

Its like this. I give you my fountain pen to help me write something down, but instead you accidentaly poked someone's eye out. You can't possibly blame me. Its very childish i must say.

[GuiNNeSS]

I think you have horrible friends and should get new friends. In my opinion, most women drivers are, well... women. Anyway, that is besides the point. I think that who is behind the wheel should bear the costs because it was the mistake of the driver. If the passengers are rowdy, the driver has to control them. When i am driving and my friends start to mess around in the car, i will tell them to shut the hell up or get out of my car. And they know i'm dead serious. But they never done that before anyway.

 

Its like this. I give you my fountain pen to help me write something down, but instead you accidentaly poked someone's eye out. You can't possibly blame me. Its very childish i must say.

 

You digged this up after 1.5 years?

 

For what? You got something similar to share and discuss that happened recently?

[crazydj]

Nope. I was using the "Search" function that somehow never fails to elude all of us and came across this thread. I was finding threads regarding the ERP IU not detecting my card.

[pcr]

even if it is an old thread, the case is still relevant, since many go out binging and then resulting in accidents. more unfortunately if it involves innocent parties, like a motorcyclist & his pillion!

 

wrt to the TS car case, kenny should not be left out of the picture. he was highly irresponsible since he was the designated driver but got drunk instead. he did not fulfill his part in the plan.

 

pat drank but cleared the breath test. that does not mean she was not influenced by alcohol. A woman's body is smaller/lighter than a man, and small amount of alcohol has a large effect on them. it is probably the alcohol has not sufficient time to leave her bloodstream into the lungs when test was taken.

 

best alternative is to park the car and everyone takes a cab home. if taxi driver crash, all fault is his. since pat is a licenced but not so competent driver, she is still liable in the eyes of law.

 

being friends, and remaining as friends, everyone including kenny, should chip in. it's not the proportion, but the gesture, that is important.

Edited June 9, 2009 by pcr

[crazydj]

Agreed la bro. Ethically, all of them have a part to play. But in the eyes of the law, it would be the driver.

 

I don't know about you guys, but i think kenny is still the smartest of them all. If you know you cannot, means you cannot. All should take taxi back.

[quizesilver]

if u are driving an army veh,

the driver and v com will be the one kenna and NOT the soldier who is sitting behind.

 

driver control the wheel, v com help to look out.

need to reverse veh, v com come out look out also.

 

u kenna accident, tp look at who is behind the wheel nt the passenger...

although it have been "resolved" but this is juz my point of view.

[eversman]

women driver. enough said. :lol:

[lv3338]

A good friend of yours keep pestering you to fetch him somewhere. You declined many times. But in the end, you still fetch him because he is a good friend and you don't want it to strain your friendship.

 

On the way going out, due to your own fault, you skidded. Both of you not injured but bike repair costs, say, $1000. You only have 3rd party insurance. no other vehicle/people involved in this accident.

 

So, the question is, who should bear the cost of repair? And if split, how much for each party?

 

Throw back the question, if the pillion is hurt...who should pay for the medical bills?

[doubl3mint]

moral of the story is, be sufficiently covered with insurance so you dont face this kind of financial headaches.

 

apart from that, prevention is better than cure.

 

if riding, gear up appropriately.

 

if partying, just take a cab, everyone in the group, whether you plan to drink or not. plans do change.

 

if going on your friend's bike, better be confident of his skills, or maybe you should go public.

 

if you dont take such measures and get into sheet, go suck your thumb and live with the consequences.

 

if you do take measures and still get into sheet, i think you are quite suay. suck your thumb and live with the consequences. that's life. sheet happens.

 

 

wrt bro lv3338, if pillion is hurt, of course he/she pays for his/her own bills. unless you seek legal recourse, saying that the rider was negligent, blablabla.

 

so you see, better to transfer the risk (insurance). protect yourself, protect your family.

[GuiNNeSS]

Hypothetically speaking.

 

If I plant crazydj into the reclaiming sands at Changi end.....with maybe four other forumers at the background having a bbq and drinking session and they got drunk.

 

And all six of us is chatting loudly while crazydj is being planted neck down in the sand. And I have no intention that a wave will come up and drown the fella.

 

Is that manslaughter?

 

*brandishes the hello kitty pink spade*

[doubl3mint]

imo (not legally trained), if he let himself be planted willingly, it'll probably be classified under misadventure.

 

if he didnt, it probably still wouldn't be manslaughter, since intent is missing. but i'm not sure how the courts will rule. i'll leave that to the pros.

[crazydj]

Hypothetically speaking.

 

If I plant crazydj into the reclaiming sands at Changi end.....with maybe four other forumers at the background having a bbq and drinking session and they got drunk.

 

And all six of us is chatting loudly while crazydj is being planted neck down in the sand. And I have no intention that a wave will come up and drown the fella.

 

Is that manslaughter?

 

*brandishes the hello kitty pink spade*

 

Whoa that's mean. If i agree to be planted, then it would be mine and your fault. Its like i asked you to carry me and put me on a ledge and leave me there.

[doubl3mint]

ah, if you were drunk and she left you on the ledge, and you rolled and fell over..

 

higher chance of a manslaughter charge maybe? *evil grin*

[GuiNNeSS]

>going to ferment some rice to make rice whiskey.

 

Then put into a hello kitty bottle.

 

Use a hello kitty funnel to channel the whiskey into crazydj's throat.

 

Put crazydj on a ledge 1 storey above ground

 

Wait for wave to hit ledge and drown the fella.

 

*Brandishes hello kitty pink spatula to scoop rice into bottle*

[crazydj]

Whoa! Is there anything not Hello Kitty endorsed?

[Fritz]

Next time don't pillion people or let others drive/ride your vehicle.