[Tom4784]

http://www.huffingtonpost.com/2014/0...n_5224094.html

Who's the real victim: the teen cyclist who was struck and killed in a crash or the motorist who accidentally took his life? That's a question the courts will now have to answer.

In the early hours of Oct. 28, 2012, Brandon Majewski, 17, and his 16-year-old friends Richard McLean and Jake Roberts were riding their bikes home after grabbing a bite to eat. Riding abreast on a two-lane rural road in Innisfil, Ontario, the trio were struck from behind by a black Kia Sorrento driven by Sharlene Simon, News.com.au reported.

Majewski was pronounced dead two hours later at a local hospital. McLean spent weeks in the hospital recovering from broken bones, including a broken pelvis. Roberts was not seriously hurt.

Simon, 42, who was driving about 55 mph in a 50 mph zone, was not charged with fault in the accident. Police said intoxication was not suspected as a contributing factor either.

According to the National Post, investigators concluded that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, Simon "did not see the cyclists on the roadway and was unable to make an evasive reaction."

A terrible event for all involved, no doubt.

Then last December, Simon filed a $1.35-million lawsuit against Majewski's estate, and against the other two bicyclists, for "great pain and suffering." Simon claims she has suffered from depression, anxiety, irritability and post-traumatic stress, and that the "enjoyment of life has been irretrievably lessened" since the accident.

Majewski's family was stunned by the lawsuit.

“I’m devastated, I’m in shock,” Majewski's mother, Venetta Mylnczyk, told the Toronto Sun. “She killed my child and now she wants to profit from it? She says she’s in pain? Tell her to look inside my head and she will see pain, she will see panic, she will see nightmares.”

In an email to Postmedia, Majewski's father blasted the driver.

“Normally, I would not react like this,” Derek Majewski stated, “but I think it’s very cruel."

Majewski's father said he believes the teens were blamed for the accident because they were riding abreast on bikes with few reflectors and wore dark clothing but no helmets.

“They’re kids; they’re allowed to make a mistake," he reportedly said.

“I understand their grief and I understand what they must be going through is awful but my client is also living with this nightmare every day," Simon's lawyer, Michael Ellis, told The Star.

Majewski's family is countersuing the driver for $900,000. Derek Majewski claims Simon was speeding, under the influence or texting at the time of the accident.

None of the claims in either lawsuit have been proved.

A white bicycle, a smattering of flowers and a picture of Majewski now form a roadside memorial at the spot where the accident occurred. At the time of this writing, more than 4,500 people have also signed a petition on Change.org, lambasting Simon and urging police to further investigate the incident.

What a complete and utter CUNT of a human being.

[Marsh.]

Oh dear, someone's avoiding the swear filter. Naughty, naughty.

[Tom4784]

I think the use of that word is warranted when it comes to describing that creature.

[Ammi]

..Simon is a female..?..that bit confused me but I presume the cyclists didn't have visibility clothing on and she didn't see them, I can't imagine how upset you would be to accidently take someone's life, your life would never be the same but then she knows more than most what the parents must be going through and their pain and she could do that to them and add to it..?..wow...

[Ammi]

..I kind of wonder if she was persuaded by one of those lawsuit companies that phone after an accident/court case etc..no win/no fee..not that it makes what she is doing any less cruel though..

[arista]

Originally Posted by Ammi

..I kind of wonder if she was persuaded by one of those lawsuit companies that phone after an accident/court case etc..no win/no fee..not that it makes what she is doing any less cruel though..

Canada no less

[MTVN]

Originally Posted by Ammi

..Simon is a female..?..that bit confused me but I presume the cyclists didn't have visibility clothing on and she didn't see them, I can't imagine how upset you would be to accidently take someone's life, your life would never be the same but then she knows more than most what the parents must be going through and their pain and she could do that to them and add to it..?..wow...

Simon is the surname, first name Sharlene

[Ammi]

Originally Posted by MTVN

Simon is the surname, first name Sharlene

..oops, I must learn to read..

[Shaun]

just have her put down.

[Marsh.]

Originally Posted by Dezzy

I think the use of that word is warranted when it comes to describing that creature.

Infract his ass.

[Ramsay]

Love to slap that bitch down. What an ****ing chunt

[Niamh.]

Disgusting bitch

[Livia]

The cyclists were riding in the dark with no lights or bright clothing. I might have felt a little sympathy for the driver, it must be horrible to know you've killed someone. However, the lawsuit has dissolved any sympathy I might have had.

[Crimson Dynamo]

I am constantly amazed at idiots on bikes dressed in black or dark clothing. It should be against the law not to wear high viz, a helmet and have lights fitted.

[Kizzy]

She was speeding... If she hadn't been she might have spotted them in her headlamps?

[Niamh.]

Originally Posted by LeatherTrumpet

I am constantly amazed at idiots on bikes dressed in black or dark clothing. It should be against the law not to wear high viz, a helmet and have lights fitted.

I'm sure nobody would disagree with you but to sue the parents of the person you killed? that diminishes any sympathy she might have gotten.

[Crimson Dynamo]

Originally Posted by Kizzy

She was speeding... If she hadn't been she might have spotted them in her headlamps?

I think speeding is pushing it. 5 mph more than the recommended limit.

I have every sympathy with the driver, perhaps not with the lawsuit but then again i didnt do it

[Kizzy]

Originally Posted by LeatherTrumpet

I think speeding is pushing it. 5 mph more than the recommended limit.

I have every sympathy with the driver, perhaps not with the lawsuit but then again i didnt do it

It may have made the difference between life and death for one of the boys... if she's going down the legal route the fact she was breaking the law initially should have been made an issue?

[Crimson Dynamo]

its a lesson for ALL cyclists

and i am one of them

[Kizzy]

Originally Posted by LeatherTrumpet

its a lesson for ALL cyclists

and i am one of them

A lesson, being killed is a lesson?

Lights on a car are mandatory, maybe they should be on cycles too? then there would be no confusion?
ALL road users should have adequate safety equipment.

[Z]

Originally Posted by Kizzy

A lesson, being killed is a lesson?

Lights on a car are mandatory, maybe they should be on cycles too? then there would be no confusion?
ALL road users should have adequate safety equipment.

I think that's the lesson to be taken from this though... when you ride a bike you are just as at risk as any other road user, if not more so, you should take the adequate safety measures at you disposal for maximum protection. Wearing a helmet and hi-vis clothing and having lights fitted are just as important as wearing a seatbelt and having your lights on and observing the speed limit. Anyone who chooses not to do those things is going to be at a higher risk of being hurt or killed in an accident. I do feel sorry for the driver but suing the family for damages seems like the actions of somebody who has sussed out that the family is worth a lot of money, judging by how much she's attempting to sue them for. I don't doubt that her life has been damaged by what happened but I think it's horrible that she's suing the family whose son she killed.

[Crimson Dynamo]

Originally Posted by Z

I think that's the lesson to be taken from this though... when you ride a bike you are just as at risk as any other road user, if not more so, you should take the adequate safety measures at you disposal for maximum protection. Wearing a helmet and hi-vis clothing and having lights fitted are just as important as wearing a seatbelt and having your lights on and observing the speed limit. Anyone who chooses not to do those things is going to be at a higher risk of being hurt or killed in an accident. I do feel sorry for the driver but suing the family for damages seems like the actions of somebody who has sussed out that the family is worth a lot of money, judging by how much she's attempting to sue them for. I don't doubt that her life has been damaged by what happened but I think it's horrible that she's suing the family whose son she killed.

I would imagine that the idea for the lawsuit came initially from a lawyer who saw an opportunity...

[Nedusa]

This woman has been badly advised, whether she thinks these cyclists are from rich stock or that in some way she is the injured party, fact is she took their lives and some of the blame must surely be on her.

Either way any talk of suing for damages in a situation like this is ugly and should not be allowed.

Perhaps she feared being sued herself and wanted to get her retaliation in early.

[Kizzy]

Originally Posted by Z

I think that's the lesson to be taken from this though... when you ride a bike you are just as at risk as any other road user, if not more so, you should take the adequate safety measures at you disposal for maximum protection. Wearing a helmet and hi-vis clothing and having lights fitted are just as important as wearing a seatbelt and having your lights on and observing the speed limit. Anyone who chooses not to do those things is going to be at a higher risk of being hurt or killed in an accident. I do feel sorry for the driver but suing the family for damages seems like the actions of somebody who has sussed out that the family is worth a lot of money, judging by how much she's attempting to sue them for. I don't doubt that her life has been damaged by what happened but I think it's horrible that she's suing the family whose son she killed.

Yes you should, but it's not mandatory is it? That was my point. Using the fact that they were being unsafe lawfully whilst she was acting unlawfully I thought would have had an impact in this case.
Let's hope the family have enough money to instruct someone to get this thrown out.

[Livia]

Originally Posted by LeatherTrumpet

its a lesson for ALL cyclists

and i am one of them

It is... I don't know what the Canadian highway code says about using the road at night on a bike but in Britain it says you must to help yourself to be seen, and that your bike should carry a white light at the front and a red light at the back. As you probably know... I've nearly wiped out a few cyclists at night on dark country roads, you go round a bend and there they are, wearing black, no lights at all... walkers the same - dark clothes, no torch... it's like some of the have a deathwish. I'm frankly surprised that more of them aren't killed.