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on Nov 26, 2013
The three boys? I thought it was twins. Isn't that two not three??
"According to the lawsuit, the Cadigan twins and their 9-year-old brother were walking along Santa Cruz Avenue..."
The twins were hit; their older brother witnessed the accident.
This is such a sad case. Small children should not have to go through this kind of pain. I hope that the injured children are making a full recovery and won't need any more surgery. I hope that the driver is paying their full medical and rehab expenses even without the lawsuit.
This is an unfortunate accident for everyone and my heart goes out to the family. That being said, on what basis is the family filing a lawsuit? Mr. Nelson has to live with this. The bigger issue is with the state and I find a personal lawsuit against Mr. Nelson to be very unfortunate. This was an accident. It would be more productive for citizens to focus on changing the laws to require a mandatory annual driving test for the elderly.
This lawsuit is likely a necessity and I'm sure on some level Nelson understands that, [portion removed]. Hopefully, his driving days are indeed over and he gets help from friends or family for his appointments, shopping, errands, etc.
Godspeed to all of the Cadigans. I've been thinking about them a lot, as the holidays approach.
this was not an "accident." An accident is when something happens that is beyond anyone's control. This was improper operation of a vehicle by someone that most likely shouldn't have been behind the wheel in the first place. That's the basis for the lawsuit. Negligence.
In fact, note that The Almanac itself calls it a "crash" (second paragraph), not an "accident". Menlo Voter has it precisely correct. I would also add that unless civil action is taken, Mr. ESQ would only be charged with "driving on the sidewalk",should the DA decide to take action - a ridiculous charge considering the harm, including what I suspect will be permanent scarring, he caused.
I think the law has a long ways to go when it comes to charging drivers for the personal harm, including death, they cause - unless they are "driving under the influence" or they "flee the scene". A good read on Planetizen.com:
"Death By Auto: Are They Always Accidents?" (Web Link)
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