Florida Man Guilty of DUI Manslaughter Sues Victim

[Cancel 2018. 3]

Florida Man Guilty of DUI Manslaughter Sues Victim

A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit.

David Belniak has sued the estate of Ray McWilliams, the now-deceased driver of the other vehicle, for more than $15,000, saying it was actually McWilliams who caused the crash by abruptly changing lanes, according to the Tampa Bay Times.

McWilliams initially survived the crash but later died. Belniak was sentenced to 12 years in prison, where he remains.

The money is to compensate Belniak for medical bills, “pain and suffering,” and “loss of capacity for the enjoyment of life,” according to the suit.

...

“There aren’t any facts that support the allegation [Tuomey] is making,” Deskins added. “That’s why the victims’ family is breathless” at Belniak’s suit.

Six eyewitnesses said McWilliams was stopped a red light when Belniak, at 70 to 90 mph, and never veering or braking, rear-ended him, Deskins said.

The event data recorder in McWilliams’ vehicle showed it was not moving at the time of impact, she added. And prior to the incident, citizens had called Florida Highway Patrol to say Belniak had been driving out of control, she said.

http://abcnews.go.com/blogs/headline...r-sues-victim/

i understand people have a right to bring their grievances to court for redress, however, frivolous or bad faith lawsuits like this tick me off. it gives the profession a bad name and is a waste of judicial resources. given the apparent facts of the accident, the attorney who filed the suit should be sanctioned.

[Cancel 2016.2]

typical lawyers

[Jarod]

1) I suspect the Plaintiff will lose.
2) I suspect the Attorney who filed the suit will lose money on the deal.
3) Its likely that the Defendants will be awarded costs.
4) If the Attorney takes on more cases like this he will soon be out of business.

There is a florida statute on point regarding being under the influence of alchole and then sueing.

[Jarod]

http://www.leg.state.fl.us/statutes/...s/0768.36.html

768.36 Alcohol or drug defense.—(1) As used in this section, the term:
(a) “Alcoholic beverage” means distilled spirits and any beverage that contains 0.5 percent or more alcohol by volume as determined in accordance with s. 561.01(4)(b).
(b) “Drug” means any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893. The term does not include any drug or medication obtained pursuant to a prescription as defined in s. 893.02 which was taken in accordance with the prescription, or any medication that is authorized under state or federal law for general distribution and use without a prescription in treating human diseases, ailments, or injuries and that was taken in the recommended dosage.
(2) In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:
(a) The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and
(b) As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.

[Disillusioned]

Typical American reaction, sue. I do object that it's just the lawyers, they're just following through on what their client wants, it's like blaming an employee for the orders of their employer. That being said, the asshole who's sueing the victims of his own crime should be hung up by his toes.

[Cancel 2018. 3]

Typical American reaction, sue. I do object that it's just the lawyers, they're just following through on what their client wants, it's like blaming an employee for the orders of their employer. That being said, the asshole who's sueing the victims of his own crime should be hung up by his toes.

yes and no. a lawyer shall not file a claim that he or she knows or should know to be frivolous or without merit.

[Jarod]

So, say I have too much to drink and try to drive home. I am stoped at a red light and am whacked from behind by a clearly neglgent driver.

Now, I get arrested for DUI because I was drunk and behind thw wheel of my car. My drunkiness had nothing to do with the accident, should I not be allowed to seek recovery for damages caused by the other driver simply because I was drunk?

[Cancel 2018. 3]

So, say I have too much to drink and try to drive home. I am stoped at a red light and am whacked from behind by a clearly neglgent driver.

Now, I get arrested for DUI because I was drunk and behind thw wheel of my car. My drunkiness had nothing to do with the accident, should I not be allowed to seek recovery for damages caused by the other driver simply because I was drunk?

in cali, i believe you don't get any general damages, not sure though

[Jarod]

So, say I have too much to drink and try to drive home. I am stoped at a red light and am whacked from behind by a clearly neglgent driver.

Now, I get arrested for DUI because I was drunk and behind thw wheel of my car. My drunkiness had nothing to do with the accident, should I not be allowed to seek recovery for damages caused by the other driver simply because I was drunk?

But dispite the way the law currently is, I am interested in what people think.... Should the fact that the dude is drunk prevent him from making a recovery, if the accident was clearly not related to him being drunk and was clearly the other person's fault.

[Cancel 2018. 3]

But dispite the way the law currently is, I am interested in what people think.... Should the fact that the dude is drunk prevent him from making a recovery, if the accident was clearly not related to him being drunk and was clearly the other person's fault.

he can get meds, auto, but nothing else. price you pay for breaking the law.

[PostmodernProphet]

he abruptly changed lanes after getting slammed from behind while stopped at a red light....stupid car should have stayed where it was sitting....