"In my 14 years of doing this, I've unfortunately represented far too many people who have lost children being hit by motorists, (and) I've never seen this," lawyer Brian Cameron told CTV News Channel. "I've never even heard of this … I was shocked when I got the claim."
They particularly believe that the boys were blamed for the accident that killed Brandon - that it was their fault because only two of the bikes had what the police called "minimal reflectors," because they were riding abreast, because their clothing was dark, albeit with reflectors, because they weren't wearing helmets.
Actually the article I read said she blew a 0.0 on the scene.
So riding 3 wide, on an 80km/hr road, at 1am with no lights and no helmet? Of course very sad when any rider gets hit and killed but what the heck were they thinking?
I'm gonna avoid comment on the optics of the motorist's lawsuit and LEO connection as that fruit is hanging a bit too low.
But the claim that COLOR of the rider's clothing is more significant than the ADMITTED PRESENCE OF REFLECTIVE MATERIAL on said clothing is interesting.
Combined with the complaints about the lack of street lights, the motorist appears to be taking the position that ambient light should have been enough to illuminate all objects in her path without the need for vehicle headlights.
It's telling though that they although they know she was speeding, at the time of the fatality, no charges were laid, because she wasn't "speeding enough".
It makes me smile, in a sad for my Country kind of way, when you read that The Mr. Simons' employer did all of the investigating. I wonder why the OPP were not called in for this one???
And the kids bikes had reflectors. When road conditions are poor aren't you supposed to slow down?
I read that the teen's parents are suing her, so maybe this countersuit is standard operating procedure for civil litigation? I dunno....
I do recall a few years ago when the 5 Kanata cyclists were mowed down by a motorist who fled the scene, the cyclists sued and the motorist's lawyer immediately counter sued, alledging all sorts of stuff.
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