re: Ensminger Jr. filing lawsuit for Carley McCord’s death

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Accidents happen



No they do not. Not in car wrecks

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What’s funny? Wrecks are caused by someone operating their vehicle negligently or not paying attention to signage and laws or those around them.

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What’s funny? Wrecks are caused by someone operating their vehicle negligently or not paying attention to signage and laws or those around them.

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If a vehicle in front of me kicks up a piece of relatively significant road debris that is headed for my windshield and in a split second I swerve left to avoid it and side swipe another vehicle, I'm either negligent or not paying attention?

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If a vehicle in front of me kicks up a piece of road debris that is headed for my windshield and in a split second I swerve left to avoid it and side swipe another vehicle, I'm either negligent or not paying attention?

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Why would you swerve?

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Good lord. A 12 inch object is going to make anyone flinch and possibly try to avoid the danger in that split second. Quit being obtuse.

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So to save yourself you didn’t give a damn about the person next to you, right? As long as you were safe?

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If a vehicle in front of me kicks up a piece of relatively significant road debris that is headed for my windshield and in a split second I swerve left to avoid it and side swipe another vehicle, I'm either negligent or not paying attention?

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Yes.

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None of that has to be true as to why i swerved in that 0.6 second moment. I can't argue with stupid. You're perfect as a PI attorney if thats your profession. Unbelieveable.

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Ok, then let’s phrase it this way. You did care about the person next to you. But in a split second, you swerved and hit them. You’re now fine minus the damage to your vehicle because the road debris didn’t come through your windshield and slice your head off. However, the car on your left that you hit contained a guy driving to work and in the “accident“ he suffered a shoulder injury and he can’t do his job. Should your insurance company not compensate him for his medical bills and the salary he missed at his job while he was sitting at home?

What about the fact that he couldn’t work for 6 months so his wife’s vehicle got repossessed? And then he couldn't participate in the second honeymoon he and his wife booked where they were going to parasail

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Well, that’s one dumb fricking outlook

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I said "If this is truly the reason for his lawsuit"....key word there being "If".

We all know that isn't the reason for the lawsuit though.

Tort reform wouldn’t be enough for half of the people in this thread - get rid of the civil system entirely. Except for business litigation, of course.

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None of that has to be true as to why i swerved in that 0.6 second moment. I can't argue with stupid. You're perfect as a PI attorney if thats your profession. Unbelieveable.

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Jake, you're looking at this inside of a vacuum. On a basic level...sure, maybe you are correct in the elementary (I don't mean that as insulting) point you are trying to make.

The fact is, though, that if that situation actually did happen on the road, then your speed would be taken into account, how close you were to the vehicle in front of you that kicked-up the debris, weather conditions, distractions in your car, had you been drinking, etc.

It would not just be - I see debris, I swerve, I hit another car.

Therefore, if you were speeding, if you had been following too closely, if you had been on the phone, if you had been under the influence...and swerved when that piece of debris was kicked up and you hit another car, then yes...you would be at fault.