Wednesday, August 25, 2010

Frivolous Lawsuits


There are so many jokes about lawyers and a general mistrust of lawyers. All the negativity probably stems from the amount of frivolous lawsuits in this country. Why is it that whenever someone is wronged, others say "Sue them"?

Last August, while driving home with a carload of happy children (mine and my friend Steve's), I was struck by a motorcyclist half a block from my house. Minivan vs. motorcycle. Guess who got hurt (allegedly) and sues? Yup, the motorcyclist, who didn't even have any insurance.

He scared the shit out of me! After jumping out of my vehicle to check on him, I went back to get my cell phone and called 911. I thought I was going to have a heart attack right then and there! I was in shock. The cops did take my information and statement. He was refusing medical treatment but his dad (an auxillary cop who was the first one on the scene but didn't tell me their relationship) told him to get in the ambulance. His father stayed behind and was so nonchalant about the event. Maybe he was already planning to sue? When it was all over and I got home, I called GEICO. They asked me for his information. I never even exchanged information with this guy! That's how shaken up I was.

For days I didn't sleep well because I kept replaying it over in my head to see if I could've done anything different. The cop said that the motorcyclist would've been dead had I not stopped the way I did. I did everything they tell you to do in defensive driving class and this shit still happens.

I was ready to never drive again. I could be as careful as I want to be but there are reckless people out there. Thank God no one got seriously hurt -- of course he claims he did.

After a while, I got served with papers (improper service since I wasn't home to receive it). The dumbass lawyer he hired coundn't even hire a proper process server. Anyway, I was being sued by this moron!

Well, I got good news yesterday -- the case was resolved and not going forward. This nightmare that hung over me for the last year is over. Now, I fear what it will do to my insurance premium. All because of a frivolous lawsuit.

I always hated those scummy lawyers and now I hate them even more. Maybe I am an elitist lawyer who gradated from a top law school and worked at a large firm as a corporate attorney. Or, maybe I am just another person in America who is fed up with all the baseless claims which get settled just to keep litigation costs down.

Time for tort reform!

3 comments:

jo Ann said...

I definitely am in the second camp. Just another person fed up with all the baseless and frivolous claims. Count me in for tort reform.

On a personal level, I am sorry you went through that. He and his father were clearly unscrupulous people who saw a chance to make some money and took advantaged of it to the detriment of you, your family and even society in general. And yes, this whole suing thing has gotten out of hand. It is almost as if people see it as the silver lining in every cloud.

Angel said...

I am grateful no one was seriously hurt because that would have been more traumatic. Everybody has learned to play the game. Frustrating.

Marlene said...

I am glad that this has finally ended for you.

I'm in on Tort Reform too!