# Lawyer Driving SUV jumps sidewalk and crashes into 6 year-old twins **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 26, 2014, 7:43am UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734 "2014-01-26T07:43:22Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Charlie\_Wayne](https://avatars.discourse-cdn.com/v4/letter/c/4bbf92/32.png) [@Charlie\_Wayne](https://boards.straightdope.com/u/Charlie_Wayne)\ **Post date:** [January 26, 2014, 7:43am UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/1 "2014-01-26T07:43:22Z")
When the parents of the twins sued this lawyer, he claimed no responsibility because the twins “carelessly, recklessly and negligently conducted and maintained themselves” in a way that contributed to the accident." By the way, the lawyer was 90 years-old at the time of the accident. So many elderly people behaving so badly recently. I wonder if this has anything to do with the baby boom. Or maybe it’s the elderly boom now? > **[Driver responds to lawsuit over Menlo Park crash that injured 6-year-old twins](https://www.almanacnews.com/news/2013/12/31/menlo-park-driver-responds-to-lawsuit-over-crash-that-injured-6-year-old-twins)** > > The 90-year-old driver of a car that reportedly pinned 6-year-old twin brothers against a wall on Santa Cruz Avenue has denied all responsibility for the resulting injuries, claiming the children were engaged in behavior that was reckless, careless... ---
**Author:** ![outlierrn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/outlierrn/32/3005_2.png) [@outlierrn](https://boards.straightdope.com/u/outlierrn)\ **Post date:** [January 26, 2014, 7:49am UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/2 "2014-01-26T07:49:29Z")
Well, clearly the twins were the more intelligent party in this event. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [January 26, 2014, 11:40am UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/3 "2014-01-26T11:40:21Z")
> [@Lazlo Hapsburg](#): > > I wonder if this has anything to do with the baby boom. The driver was 90 years old in October 2013. That means he was born in 1923 or late 1922. Not a boomer. ---
**Author:** ![FairyChatMom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fairychatmom/32/21906_2.png) [@FairyChatMom](https://boards.straightdope.com/u/FairyChatMom)\ **Post date:** [January 26, 2014, 11:45am UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/4 "2014-01-26T11:45:02Z")
How dare those children be on the sidewalk!! Clearly the driver was entitled to use that paved walkway to park his SUV. :rolleyes: ---
**Author:** ![don\_t\_ask](https://avatars.discourse-cdn.com/v4/letter/d/e68b1a/32.png) [@don\_t\_ask](https://boards.straightdope.com/u/don_t_ask)\ **Post date:** [January 26, 2014, 12:31pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/5 "2014-01-26T12:31:19Z")
> [@RTFirefly](#): > > The driver was 90 years old in October 2013. That means he was born in 1923 or late 1922. Not a boomer. An original war boomer. But I digress. I object to the characterization of my client as a lawyer. This is designed to prejudice the jury against him. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 26, 2014, 2:42pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/6 "2014-01-26T14:42:12Z")
The children involved are aged six, six, and nine. Which means they have a collective age of twenty-one and are therefore an adult and should have acted more responsibly. Standard Chewbacca defense. ---
**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\ **Post date:** [January 26, 2014, 2:54pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/7 "2014-01-26T14:54:58Z")
Typical BMW driver attitude. How dare you walk on the sidewalk you should know that the sidewalk is reserved for my BMW when traffic is backed up. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [January 26, 2014, 3:33pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/8 "2014-01-26T15:33:04Z")
What a horrible thing all around. The poor parents. I also have to feel for the 90 year old too. What a terrible last thing to do during your life. :(. (or anytime of course) I wonder if any family had told him he shouldn’t be driving. ---
**Author:** ![Baker](https://avatars.discourse-cdn.com/v4/letter/b/bb73d2/32.png) [@Baker](https://boards.straightdope.com/u/Baker)\ **Post date:** [January 26, 2014, 6:06pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/9 "2014-01-26T18:06:23Z")
> [@enipla](#): > > What a horrible thing all around. The poor parents. I also have to feel for the 90 year old too. What a terrible last thing to do during your life. :(. (or anytime of course) I wonder if any family had told him he shouldn’t be driving. I’m sorry, but at the age of 90 he should have given up driving voluntariily. I’ve known a number of elderly people, with perfect driving records, who did just that, because they didn’t want to take a chance on an accident marring the latter part of their life. ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [January 26, 2014, 7:10pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/10 "2014-01-26T19:10:36Z")
Are you really looking for opinions? This seems more like an RO-style Pitting. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 26, 2014, 7:30pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/11 "2014-01-26T19:30:49Z")
It’s boilerplate language typical of a response to a lawsuit. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [January 26, 2014, 7:42pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/12 "2014-01-26T19:42:51Z")
> [@Oakminster](#): > > It’s boilerplate language typical of a response to a lawsuit. $100/hour or more for mindless copy & paste. Does anybody look at the basic facts and actually craft a reply that fits the situation? ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 26, 2014, 7:49pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/13 "2014-01-26T19:49:50Z")
> [@runner pat](#): > > Does anybody look at the basic facts and actually craft a reply that fits the situation? :rolleyes: Does anyone understand that if you don’t raise a defense in your answer, you’ve waived it? ---
**Author:** ![kambuckta](https://avatars.discourse-cdn.com/v4/letter/k/53a042/32.png) [@kambuckta](https://boards.straightdope.com/u/kambuckta)\ **Post date:** [January 26, 2014, 7:54pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/14 "2014-01-26T19:54:25Z")
> [@Oakminster](#): > > It’s boilerplate language typical of a response to a lawsuit. Sure, it is. But as noted in the comments section after the news article, it isn’t going to sit well with any jury when it comes time to award damages, punitive and otherwise. Juries can be harsh task-masters, especially when little kids and very stupid lawyers are involved. So now the old fella is going to be bankrupted AND forever known as a bastard of the first degree instead of just being poor for the remainder of his life. I know which one I’d choose. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [January 26, 2014, 7:56pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/15 "2014-01-26T19:56:40Z")
> [@Oakminster](#): > > :rolleyes: > > Does anyone understand that if you don’t raise a defense in your answer, you’ve waived it? How about “My client suffered a stroke/heart attack/angina/case of the stupids.” rather than “The six years old boy recklessly stood on the sidewalk when my client lost control and drove into a store wall?” Which one comes across as less assholish and less of a PR disaster? ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 26, 2014, 8:03pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/16 "2014-01-26T20:03:23Z")
> [@kambuckta](#): > > Sure, it is. > > But as noted in the comments section after the news article, it isn’t going to sit well with any jury when it comes time to award damages, punitive and otherwise. Juries can be harsh task-masters, especially when little kids and very stupid lawyers are involved. > > So now the old fella is going to be bankrupted AND forever known as a bastard of the first degree instead of just being poor for the remainder of his life. > > I know which one I’d choose. This case probably won’t go to trial. Few of them do, particularly with facts like this. It will probably settle after the parties complete discovery. > [@runner pat](#): > > Which one comes across as less assholish and less of a PR disaster? Which one admits liability before the discovery phase is even fucking started, and borders on malpractice? ---
**Author:** ![kambuckta](https://avatars.discourse-cdn.com/v4/letter/k/53a042/32.png) [@kambuckta](https://boards.straightdope.com/u/kambuckta)\ **Post date:** [January 26, 2014, 8:03pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/17 "2014-01-26T20:03:26Z")
> [@runner pat](#): > > How about “My client suffered a stroke/heart attack/angina/case of the stupids.” rather than “The six years old boy recklessly stood on the sidewalk when my client lost control and drove into a store wall?” > > Which one comes across as less assholish and less of a PR disaster? This, or maybe he might just suck it up and actually NOT defend his actions? Y’know, sometimes, just sometimes, culpability is so obvious and without mitigating circumstances that pleading guilty is the right thing to do. But of course, doing that means the pockets of umpteen defense lawyers aren’t going to be lined. :rolleyes: ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [January 26, 2014, 8:16pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/18 "2014-01-26T20:16:28Z")
> [@Oakminster](#): > > This case probably won’t go to trial. Few of them do, particularly with facts like this. It will probably settle after the parties complete discovery. Did you see the photo in the article? That’s all the discovery anyone fucking needs. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 26, 2014, 8:23pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/19 "2014-01-26T20:23:42Z")
> [@kambuckta](#): > > This, or maybe he might just suck it up and actually NOT defend his actions? > > Y’know, sometimes, just sometimes, culpability is so obvious and without mitigating circumstances that pleading guilty is the right thing to do. But of course, doing that means the pockets of umpteen defense lawyers aren’t going to be lined. > > :rolleyes: :rolleyes: A defendant attempting to plead guilty in a civil action would be amusing to Plaintiff’s attorneys, the court clerks, and anyone else that wasn’t the defense attorney’s malpractice carrier, but otherwise a spectacularly boneheaded move. The defendant’s insurance company is obligated to defendant to provide a defense to the lawsuit once filed. This includes raising the comparative negligence issue in their Answer. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [January 26, 2014, 8:30pm UTC](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734/20 "2014-01-26T20:30:15Z")
> [@runner pat](#): > > Did you see the photo in the article? That’s all the discovery anyone fucking needs. Really? Tell me, only from looking at that picture, who are the plaintiffs? What were their injuries? What were their medical bills? What, if any, future medical costs can they reasonably anticipate as a result of this accident? Could the vehicle have been defective in some way, to such an extent that someone other than this defendant could be partially liable for the injuries? [Next page](https://boards.straightdope.com/t/lawyer-driving-suv-jumps-sidewalk-and-crashes-into-6-year-old-twins/679734.md?page=2)