Lawsuit!

Discussion in 'Motorized Bicycle General Discussion' started by bikenoobie, Sep 14, 2009.

  1. bikenoobie

    bikenoobie New Member

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    Today i took my motorized bicycle to school and on my way out someone threw a soda can at my head and it knocked my helmet off my head, my front tire washed out from underneath me and i crashed and got bad roadrash on my leg as the whole school laughed at me can i sue then?
     
  2. HoughMade

    HoughMade New Member

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    Sue whoever threw the can? Yes. Do you know who it was? Did you make a police report? Were you injured? Damage to your MB? Are you fully legal where you are (bike and you as the rider)?

    BTW- the answer to the question "Can I sue....?" is always "yes". The real question is whether you have any realistic chance of success.
     
  3. fall_down_stand_up

    fall_down_stand_up New Member

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    Are you in high school or college?If it were me and in high school I would give the guy a good old fashion ........I know this is now the 80's anymore,but I would call it self defense....I know im old school but old or new school a good old fashion wooping would cure the problem....Now that being said I would not take me advice.....Lick your wounds and turn the other cheak but if person messes with you again beat his a@s in self defense....End of story....
    John-John
     
    #3 fall_down_stand_up, Sep 14, 2009
    Last edited by a moderator: Sep 14, 2009
  4. saetta

    saetta New Member

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    The can throwing coward would have to be identified and perhaps witnessed by others. What a way to tell you of their jealousy. I agree with the above posting.
     
  5. bikenoobie

    bikenoobie New Member

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    im afraid that i could get caught because im only 14 and i dont have a permit, my front handlebars are bent my throttle is broken and my helmet is scuffed up :-||
     
  6. fall_down_stand_up

    fall_down_stand_up New Member

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    well im not your father so my advice dont count....Ask your parents what you should do and then go from there....This will not end here,the kid is going to keep messing with you in the future(mark my words)and when he does,smash him!!!!ummmmmm but dont take my advice becouse what im telling you is not the right thing to do....End of story....
    John-John
     
  7. Humsuckler

    Humsuckler New Member

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    well, im not your father either but i say mind your buisness and be the loaner everyone thinks you are.... dont let it get to you man.

    get your busted ass bike to school and flash it up just in time to goose it an ghost it. right into the band of fools who hate on the nirve to have nice things.
     
  8. foureasy

    foureasy New Member

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    if your helmet fell off from a can of soda you may as well not be wearing it
     
  9. toker_ace

    toker_ace New Member

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    I'd get him back! It will be fun! Make him wish he never messed with you!Devious little minds are awsome!Your only 14 .. how much trouble can a 14 year old get in? LOL!
     
  10. HoughMade

    HoughMade New Member

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    I would say if this happened outside school and the other person is a student, report it and go from there...and buckle or adjust you helmet.
     
  11. HT2005

    HT2005 New Member

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    Uh, yeah.

    That's the first thing I thought when I read the opening post. Looking cool by having the straps hanging down the side of your head is not smart. You should have the helmet properly secured to your head when riding, don't rely on gravity to hold the helmet in place.

    Another thing: watch the gas tank because someone might try to put soda or some other material into it. I suggest buying a locking gas cap.
     
  12. Bikedad1

    Bikedad1 New Member

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    That is plain and simple assault and you need to file a police report. I also think you need to make you bike tamper proof like a locking gas cap and hide as much wiring as possible. A few years ago I would have told you to wait for him on a dark night and pound his nose thru the back side of his head but I have learned a few things over the years and you will fair better just having the police handle it for you. I bet this a-holes parents wouldn't think his actions were proper and hopefully that will end it. Beyond all of that get your bike fixed and keep riding it! You need to remember some people are just asses and no amount of beatings or law suits will change them. Keep rollin!


    .sno.
     
  13. 2door

    2door Moderator

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    If this happened on school property then by all means notify your parents, the school administrators and the police. As the man said, what happend to you is assault, and a felony. Even if you and the bike are not legal that does not give anyone the right to be that offensive. You have good grounds for filing charges but you'd need to speak to an attorney about a lawsuit. Go see the principle, tomorrow, first thing. I certainly hope you can positively identify your attacker. If not you'll need witnesses.
    Tom
     
  14. leftywoody

    leftywoody New Member

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    Don't have much faith in the school to settle this matter to your satisfaction . They need proof and even that doesn't guarantee you will be left alone , after they discipline the idiot . You would do better to let it go and just stay away from the nutjob that hurt you . Someday he will get his by someone bigger and meaner than him . Just be nice to people and treat them like you want to be treated ,soon your army of friends will be bigger than his .
     
  15. GearNut

    GearNut New Member

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    What comes around, goes around.
    He will get his in the end. It would be really nice though to witness it, now wouldn't it!
    If you are not of legal age to ride your motorbike to school, then don't ride it. That's what weekends and "private property" are for.
    If you do not care if your motorbike gets impounded then ride it anyways. (Hey, it's not my $$$ you would be loosing....)
    As for your engine getting vandalised during school hours, it is very, very likely to happen.
    Do you want to risk getting it destroyed by some jealous, idiot, punk?
    Think it over.
     
  16. nubikeshop

    nubikeshop New Member

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    Yes, you could sue him, despite the fact that you are doing something questionably legal (depending on the laws in your state and what you were doing at the time, etc...). If you were riding a bicycle and doing the same thing, you could certainly sue him. There's something called the "eggshell skull" doctrine-- in layman's terms, it means that if someone does something malicious or just plain stupid, they are completely responsible for the actions that follow, even if nobody could have predicted them.

    The real issue is, do you need to?

    If you and your family have gone thousands of dollars into debt because you need plastic surgery, or even just spent tens of thousands of out-of-your-pocket dollars on something like that, that's a reason to sue. If your injuries are being paid for by insurance, it's probably better just to leave it alone.

    You also said that the whole school laughed at you. Some people would say you can sue for 'emotional damages', thus making this something that you could profit from. But this only works if you develop some really serious mental, emotional, or social distress from this incident. Like, if everyone calls you 'rash boy' and throws pavement at you in the hallways, then you end up trying to kill yourself because nobody wants to be seen with 'rash boy', you might be justified in suing. But what happened to you is the kind of thing that people will laugh off in time. Also, suing this kid is going to have some social consequences which will probably be less-than-good (watch out-- rash boy is gonna sue you too!)

    If this was me? Roll with the punches, talk it over with your parents and maybe the principal, and put some live bugs in his backpack. If you're rash boy, at least he's bug boy and then you're even.

    (Don't take any of my advice without consulting with someone more reasonable than me, i.e. a real lawyer. But good luck!)
     
  17. leftywoody

    leftywoody New Member

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    Notice that nobody here is laughing at you . Kids in school have very little jugdement on the consequences of there decisions . It takes more years to develope that part of the brain , however ,you now have first hand knowledge of what damage can be done by acting stupid . You are better off than the bully and the kids that laughed at you .
     
  18. HoughMade

    HoughMade New Member

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    Close on the "eggshell thin skull" doctrine. However, not quite. What that doctrine refers to is when you injure someone, but because of a preexisting condition, the injury is much more severe than you could have expected, you are liable for all damages even though the normal, healthy person would not have been as severely injured.

    In this case, the legality of his operation of the bike may or may not effect recovery from a legal perspective, but if it is illegal, it's not going to help if you have to go to a jury

    ...but as i said- take it to the school. People sue way too much and it is not as satisfying as people think it is going to be...and it is not going to make you rich....or any significant money, for that matter.
     
  19. bikenoobie

    bikenoobie New Member

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    It turns out it was a gatorade that was thrown ant it was about halfway full and one of the kids got the whole thing on tape. someone squealed on them and they both got suspended and the one that threw the gatorade got a $300 fine from the police and has to pay for the damage done to my MB. So i think i am pretty even with them now.
    brnot
     
  20. HoughMade

    HoughMade New Member

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    There you go. The system worked. Great result!!!
     

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