To what extent are witnesses responsible? Should they be legally responsible?
Mr. Seeger also works on behalf of individuals who have suffered injuries as the result of negligence or malfeasance.
â€śUnfortunately, the man who assaulted me was obviously mentally ill and psychotic,â€ť Maria said. â€śHe probably had no basis of reality. He didnâ€™t have a conscience, but the transit worker did. He was a human being capable of feeling emotions as I was. I just felt that it was so coldhearted and just completely abominable to basically look the other way.â€ť
Mariaâ€™s lawyer, Marc Albert, joined her on TODAY and told Vieira heâ€™s not done fighting.
â€śWeâ€™re going to appeal,â€ť Albert said. â€śThe transit authority claimed to be training their workers. Thereâ€™s no training going on here and thereâ€™s no system in place. We certainly will be appealing.â€ť
To what extent are witnesses responsible? Should they be legally responsible? Should they be morally responsible?
She did sue, and the court threw out her suit.
Posted On: September 3, 2008 by Missouri Personal Injury Attorney
Motorcycle Accident Victim Dies in Care of "Good Samaritans"
A recent motorcycle accident resulting in serious injuries in Georgia has led investigators to meet with prosecutors in determining the fate of a couple who picked up the injured motorcyclist. This motorcycle accident was allegedly the result of foul play, leading authorities to question several aspects of the case. First, that the motorcycle being driven was stolen; second, that the motorcyclist was allegedly racing the bike when he lost control of the vehicle; and third, that the couple who picked up the injured driver didnâ€™t call authorities and drove the man to a hospital out-of-town where he was pronounced dead upon arrival.
The charges to be decided thus far primarily deal with the couple that drove the man to the hospital instead of reporting to authorities first. The charges they may face deal with failure to report an injury accident, failure to render aid and possible negligence/ wrongful death charges. The couple, who knew- or allegedly should have reasonably known- that the decedentâ€™s life was in serious danger after being thrown from the motorcycle failed to call the police or paramedics. They instead, chose to drive the decedent to a hospital out-of-town, allegedly wasting extra time at a critical point in the decedentâ€™s life.
Although no charges have yet been determined, the â€śGood Samaritanâ€ť doctrine has been called into question, pending the determination of the couplesâ€™ relation to the decedent.
The immediate care of an ill, injured or helpless person by a bystander often calls into question what is called the "Good Samaritan" doctrine, which provides that â€śone who voluntarily undertakes an affirmative course of action for the benefit of another has a duty to exercise reasonable care that the other's person or property will not be injured.â€ť
The purpose of this doctrine is to encourage prompt emergency care for those in desperate need by granting immunity from civil damages and liability for those who take on the, often burdensome, task of caring for another without a specific duty of care. However, such immunity is not whole in that liability can be placed on the â€ścare-giverâ€ť if he/she is negligent in performing the undertaking of the injured party and further injures him/her. Liability is not called into question in finding whether or not the â€ścare-giverâ€ť actually benefits the injured party; rather, liability questions arise when the injured partyâ€™s conditions are worsened through care giver negligence.
In this case, the most pertinent information in determining possible liability of the couple would likely be the answers to these questions:
Why the authorities were not immediately called
Why the couple decided to drive the decedent to an out-of-town hospital instead of one nearby
If the decedentâ€™s condition was worsened through the answers to 1 and 2
If the couple was negligent through the actions described in questions 1 and 2
As a motorcyclist, I know the dangers and joys of riding a bike. As a partner at Page//Cagle, a Missouri personal injury law firm, I often see the negligent actions of others injure fellow motorcyclists. I am personally vested, as a motorcyclist and attorney, in aggressively representing those injured while riding their bikes.