Canadian Driver Sues Teenager She Killed in Automobile Accident

Okay guys.... I'd be very remiss not to come back after finding much more on this story and insuring "The rest of the story...." was also told.

We may have been a bit hasty, but in no small helping by what I must note were screens of nothing but 2014 hits for this story, covering in a consistent tone in Google. It runs the gamut of sources and levels of outrage.

On the issue of actually suing the kids? Yeah...it IS an outrage, and my feelings there sure haven't changed. I actually wonder now why the cop part was mentioned though, since it appears it wasn't needed for witnesses. Plenty of work happened on this from all directions.

South Simcoe Police asked for witnesses who had observed the teens that evening to contact the service, and Constable Dave Phillips of the Traffic & Marine Unit said he was overwhelmed by the number of witnesses - 16, most of whom were motorists who encountered the teens on Innisfil Beach Rd. - who have responded.

"We have obtained unbelievable amounts of co-operation from witnesses," PC Phillips said. "The public's assistance in this matter is greatly appreciated. Every single person that has come forward has provided unique accounts. Without the witnesses, it would be much harder to provide a complete and accurate version of events."

(Source

Police have concluded their phase of the collision reconstruction at the scene, he said, adding that five collision reconstructionists obtained a large amount of evidence.

Some of the points the lead reconstructionist will be considering are the visibility distances (the estimated maximum distance the teens would have been visible), where the teens were going, the speed of the vehicle (at this point there is nothing suggesting excess speed), headlight operations, the point of impact (location on the road) between the bikes and vehicle, as well as reflectors on the bikes and their condition.

Source

Now all that shows....although quite important for reactions, I'd think....is that it likely turned out right for calling fault. That is what I'd first keyed on for how the story was reading from the current play on it.

She's still wrong at a real low level, in my personal opinion, to take a clean investigation result from a fatal accident and turn that into a lawsuit declaring some damages FROM the young bicyclist killed.

** BTW.. Those older and local news articles also give the road and cross streets it happened between. I took a virtual drive down it over the last few minutes in Google Earth street view and it is a crappy road. Streetlights at the intersections and WIDE gravel margins but dark looking to think of at night.

originally posted by: markosity1973
If this is the new morality that we are stooping to as a society, then bring on the apocalypse to wipe our sorry, depraved butts off the face of this planet.

Wrabbit has raised a very good point re the copper husband. Does anyone know why he did not perform his sworn duty as an officer and pull her over for speeding prior to the accident ?

This whole story stinks. Someone ought to form an old fashioned lynch mob and run them out of town.

I don't know how it works in Canada, 6 miles per hour over the speed limit when driving 55 will not get you stopped here where i live.

The woman was given the test to determine if she need the full alcohol test as per law there, so her husband must not have whisked her off. She was likely in shock.

Police say a roadside screening device was used at the scene and alcohol was ruled out as a factor in the collision. Simon wasn't taken to the station for a breathalyzer test.

www.torontosun.com...

I think both parties reacted in haste and pain but the driver even if she did nothing at all wrong is now faced with a ton of vengeful people out there and her whole family will have to be scared. She could have been killed and i guess everyone seems to wish she was, but anyone who has been in her shoes with bikes on the road may leave the question open for the facts to be reached.

a reply to: Wrabbit2000

She's still wrong at a real low level, in my personal opinion, to take a clean investigation result from a fatal accident and turn that into a lawsuit declaring some damages FROM the young bicyclist killed.

But what if she were sued first and the claim was that she was drunk and/or texting on that dark road? In anger, hurt and would you then perhaps respond with the countersuit? Many places I read said this is what happened. I don't know.


i guess we all need to learn to wait until the trial bring out the facts because our anger can lead unstable people to act and others get hurt.

a reply to: Char-Lee

But would you SUE them???

I wouldnt be able to live with myself if i was that woman, i think its considered fairly 'normal' now to sue for damages when an accident happens, i can totally see why the parents of the child hit did so and they probably felt like there was a massive injustice considering the womans husband is a cop and just happened to be there with her speeding being overlooked etc that would just add more stress to them through an already horrible situation and surely as a mother herself she can see that too and as a mother herself she should know how immoral that is to sue a deceased child and their deceased sibling that was traumatised in their last days of life from witnessing the accident. Honestly maybe if they both just stood back and stopped trying to sue eachother they could all help eachother work through it and heal a little but no people cant do that they have to all sue eachother cos money will make all their problems go away right??

a reply to: markosity1973

from eveything ive read he was off duty and not in his jurisdiction,they DID give her a breath test and she passed that test but that was done by local police forces not her husband . so that may explain that portion of it but it sure does add more questions to it

a reply to: Char-Lee

USA Today seems to make the order pretty clear on who sued first.

Now the 42-year-old woman driving the SUV, Sharlene Simon, is suing all three—plus Majewski's parents and his brother, who has since died, the Toronto Sunreports.

Simon says she suffered emotional trauma in the accident, which happened about 55 miles north of Toronto, and is claiming $1.35 million in damages.

"They did not apply their brakes properly," her lawsuit states. "They were incompetent bicyclists."

Source

I must admit I'd be a little mad too if I were the family of the boy who was killed and came to find that. There is quite a bit more USA Today chose to cover in that story that is worth reading on this as well.

a reply to: Char-Lee

if that was the road in question why were the kids not on the dirt shoulder? seems there are no street lights(really dark) and its not side walk so that should get rid of the "illegal to ride on side walk people" but i found that picture informative to the thead thank you for that

originally posted by: HomerinNC
a reply to: Char-Lee

But would you SUE them???

You know I would whole heartedly say no I wouldn't...but I am a really strong person and always took on responsibility and shouldered heavy loads even as a teen, who would have been able to predict that finding out that my beloved husband of 22 years had essentially other wives and homes and their children all over the place...I tried to kill myself even I would never have believed that I would do that.

Killing a boy with my car, maybe I would kill myself because living with that sight of the bloody boy would never leave my mind...i can't say what i would do, especially if someone said I was drunk or texting (if I was not) but this is no little thing even though an accident. Our emotions are variable per person as is our response.
(another woman might have tried to kill her husband rather than herself)

a reply to: Shana91aus

Honestly maybe if they both just stood back and stopped trying to sue eachother they could all help eachother work through it and heal a little but no people cant do that they have to all sue eachother cos money will make all their problems go away right??

I like that, but I doubt either of them were even thinking about money even though it sounds that way when we use the numbers.

originally posted by: Hoosierdaddy71

originally posted by: HomerinNC
a reply to: Char-Lee

So are you saying the kid who was hit and killed was at fault???????

Actually yes, the kids were riding in the street. The car was not on the sidewalk.
Still doesn't excuse the lawsuit though

I'm not from Canada, but yeah...it's illegal to ride on the sidewalk. As dumb as that sounds, it's to "protect" pedestrians walking on the sidewalk. Bikes have to ride in the street...makes sense, right? Good old USA.

a reply to: Catacomb

It isn't really a U.S. law. It is just a law that many U.S. municipalities choose to have. There are still many places in the U.S. where there are no laws regarding riding bicycles on the sidewalk.

originally posted by: Char-Lee

originally posted by: markosity1973
If this is the new morality that we are stooping to as a society, then bring on the apocalypse to wipe our sorry, depraved butts off the face of this planet.

Wrabbit has raised a very good point re the copper husband. Does anyone know why he did not perform his sworn duty as an officer and pull her over for speeding prior to the accident ?

This whole story stinks. Someone ought to form an old fashioned lynch mob and run them out of town.

I don't know how it works in Canada, 6 miles per hour over the speed limit when driving 55 will not get you stopped here where i live.

The woman was given the test to determine if she need the full alcohol test as per law there, so her husband must not have whisked her off. She was likely in shock.

Police say a roadside screening device was used at the scene and alcohol was ruled out as a factor in the collision. Simon wasn't taken to the station for a breathalyzer test.

www.torontosun.com...

I think both parties reacted in haste and pain but the driver even if she did nothing at all wrong is now faced with a ton of vengeful people out there and her whole family will have to be scared. She could have been killed and i guess everyone seems to wish she was, but anyone who has been in her shoes with bikes on the road may leave the question open for the facts to be reached.

Where I come from the margin is 1 km/h at city (reduced) speed limits and a generous 2 km/h at open road speed. We basically have zero tolerance for speeding. And I live in one of the most sparsely populated places on earth with distances between towns that would blow a lot of minds.

a reply to: Wrabbit2000

USA Today seems to make the order pretty clear on who sued first.

I read both in different places, that one doesn't really sound clear either starting with Now could mean anything.

a reply to: Catacomb

Bikes have to ride in the street...makes sense, right? Good old USA.

In california a bike must obey all the same laws as a vehicle and can only ride on the road in the direction of traffic.
On small roads most of us break that law to save our necks and ride facing traffic so we can see the one that is coming at you.

a reply to: markosity1973

Where I come from the margin is 1 km/h at city (reduced) speed limits and a generous 2 km/h at open road speed. We basically have zero tolerance for speeding. And I live in one of the most sparsely populated places on earth with distances between towns that would blow a lot of minds.

Is that also in Canada?

originally posted by: Char-Lee
a reply to: Shana91aus

Honestly maybe if they both just stood back and stopped trying to sue eachother they could all help eachother work through it and heal a little but no people cant do that they have to all sue eachother cos money will make all their problems go away right??

I like that, but I doubt either of them were even thinking about money even though it sounds that way when we use the numbers.

Yeah you could be right! But what else was she trying to accomplish? All she is doing is making life harder for the family involved so to not care about that and go ahead and sue obviously she has money on her mind if she was angry or upset and trying to prove her innocence after accusations being thrown around that she was on the phone or had been drinking then this is not the way to respond to that, by sueing! Just makes her look way worse in my opinion and even if she is given all that money it isn't going to change a damn thing especially her mental health.

Hmmm.. This gets less and less clear the more one looks. Another story the Toronto Sun carried after the last one linked above had more to say.

Maybe someone can clear this up better who knows the finer points or distinctions for how it works there?

Ellis said his client suffers from post traumatic stress and is unable to work. Soon after the tragedy, the exhausting routine of insurance claims began. When Simon learned she was facing a $900,000 claim from Brandon’s family and a $1.4-million claim by the other victim, she hired a private lawyer and launched a separate action against all three boys, their families and the county.

“She would have lost everything,” Ellis said. “She would have been destitute ... homeless.”

Lawyer Brian Cameron, who represent’s Brandon’s family, disputed Simon’s need to sue, insisting her loss of income and costs would have been covered by her and her husband’s insurance.

“It’s almost unheard of to seize personal assets in Canada ... That’s why we have insurance,” Cameron said.

Source

Okay.. Was the victims family making claims against the insurance of the driver or suing her as an individual? I'm not real clear on that and does it make a major difference up there? It would down here and insurance paying separate from criminal determination of guilt isn't unusual at all.

Don't you just love some of the replies....This woman is evil..how disgusting...then in the same sentence talk about what they would do to her..

Because these people are so different

a reply to: Wrabbit2000
I wouldn't b surprised to find out later that simon had been drinking that night, that could explain why her husband was following her. My neighbor who's a sheriff dose that for his son. It's a bunch of crap.