His story makes zero sense. He claims ALL cyclist ride down the hill at a great speed and blow the stop sign. As if.
He claims your son was riding at a great deal of speed after going down the hill yet your son wasn't even thrown off his bike after being hit. He states your son was able to scrap the car and still managed to turn to the right and drive around the car.
He admits he saw two boys on bikes, but when he looked in his left mirror he only saw one, yet he knew there were two boys. He claim he never saw you son in his right mirror, so where was yor son? He claims your son hit the right side of your car.
He claims he never saw your son, but saw two boys seconds earlier, and still made the turn without bothering to look over his shoulder dispite admitting his car hs blind spots.
He admits its a dangerous intersection and admits he knows bikes blow the stop sign yet he failed to use due care when turning. He also failed to mention that he signalled, because he knows he never signaled.
142. (1) The driver or operator of a vehicle upon a highway before turning to the ... right ... into a private ... driveway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. _________________ Without Justice there's JUST US
Last edited by lawmen on Tue Nov 11, 2008 10:06 pm; edited 1 time in total
November 27, 2008. looks like I need to submit extra documents...(14 days prior) To prove that we are right and he is wrong...
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Where was the damage to his car?
Right side of the car( full side).
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Who are these witnesses he's calling, too?
His List of witnesses is wide- that yong boy, police officer, his wife, and some other guy whom I never heard about before, may be he just found him...I have not seen his statement...
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Now, he claims the accident happened on the road. You said your son took to the sidewalk prior to the accident and was hit while on the sidewalk. Which is it?
Last edited by piezomot on Tue Nov 11, 2008 10:59 pm; edited 3 times in total
The accident happened on the road; not the sidewalk. I was assuming he took to the sidewalk a driveway or two before the drivers driveway.
This means your son can be charged with failing to remain. However, he can still cannot be convicted of failing to report. If you got a retrial you're facing the greater penalites of failing to remain.
As for you lawsuit, is he suing you or your son? _________________ Without Justice there's JUST US
Everything you posted changes everything, in my view. You son wasn't riding o the sidewalk, he was riding on the road. When the car turned he steered to the siewalk, but he was riding on the road.
When he left the scene, the driver had the right to attempt to arrest him without a warrant.
You need to contact your insurance compnay and see if they will provide you a lawyer. You need legal help with this or you're going to lose.
Howeve, this driver has insurance and I believe hemay have to get the damages paid through them. I cannot see how he is suing you since it was your son's doing; not yours.
Your son does not have insurance for his vehicle. When an accident occrrs and the driver has no insurance the victim can seek funds from a certain Act. I'll have t research it.
I wish you would've posted all that stuff before. _________________ Without Justice there's JUST US
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