Do You Buy This? Driver Claims New Car Smell Caused Hit And Run Accident

If he has sleep apnea -- he shouldnt be driving period

He's lying

Sleep apnea isn't narcolepsy!

He should have a doctor's note to prove that he has sleep apnea and that could cause the accident. If I were a doctor, I won't recommend my patient to operate the machine or drive if he/she has sleep apnea.

However how about "run"? Sleep apnea won't tell the driver to run after the hit, right?!

It seems that in America, the general principle of causality is NMF (Not My Fault). Bad manners and lack of self-restraint and discipline are attributed to "road rage." Mashing the gas pedal while you think it's the brake is deemed to be "pedal misapplication" (official findings from government inquiry into Audi fiasco). *Anything* but personal accountability.

Agree, "never admit guilty or mistake" attitude created the "anti-US" trend all over the world.

What is the big deal, in the U.S., it is a slap on the wrist for hitting, even killing a cyclist with a car. This guy could admit that he intentionally hit the cyclist and be left with a $55 ticket for failure to control vehicle.

If he intentionally hit someone to kill them, and in-fact killed them, he would be charged with murder not failure to control vehicle. - I hope you were being facetious.

I wouldn't doubt that this mook would try to sue MB for having the chemical new car smell that caused him to do what he did.

This country is run by lawyers, which is why there will never be tort reform which IMO will fix many of our woes including unnecessarily high medical/malpractice/auto/life/home insurance issues.

Even better, there should be a loser pay law created, meaning loser pays legal fees for both parties. This should cut down on frivolous lawsuits.

That new car smell people love so much is Toxic and contains chemicals used in plastics and leathers when the are produced.

"This country is run by lawyers, which is why there will never be tort reform"

Yeah, let's just let deep pocket defendants who see you and your family as expendable human lab rats make the rules! Let's max out your death from say, bad prescription drugs, to $10,000. Your life ain't worth much anyway. Drug companies would simply make billions and pay out 1,000s to settle cases. Yeah, you and your kind vote for tort reform!!!

"there should be a loser pay law created"
It's called abuse of process, or a number of other legal remedies I am sure you are unfamiliar with. The "loser" usually has to pay the "winner's" legal expenses. I think it's been around for a while now (sarcasm added)

Austin Powers:

"Yeah, let's just let deep pocket defendants who see you and your family as expendable human lab rats make the rules! Let's max out your death from say, bad prescription drugs, to $10,000. Your life ain't worth much anyway. Drug companies would simply make billions and pay out 1,000s to settle cases. Yeah, you and your kind vote for tort reform!!!"

You sound like an accident chaser. What do you suggest we do to stifle frivolous lawsuits such as: ' A family dry cleaning business was recently dragged through two years of litigation by a customer seeking $54 million as compensation for a lost pair of pants. To make matters worse, the person who brought this irresponsible lawsuit was a judge.'

We are all paying for these outrageous claims, such as Ms. McDonalds who won Millions of dollars because she didn't know hot coffee was hot.

"It's called abuse of process, or a number of other legal remedies I am sure you are unfamiliar with. The "loser" usually has to pay the "winner's" legal expenses. I think it's been around for a while now (sarcasm added) "

What the hell are you talking about? There are proposals for a "loser pay" law and there have been numerous experiments around the country in various states like Florida but it is certainly not a nationwide law adopted. You must be mistaken(no sarcasm added). Why would there be proposals for a national loser pay law when the law already exists? uhh

KaBULL:

"A family dry cleaning business was recently dragged through two years of litigation by a customer seeking $54 million as compensation for a lost pair of pants. To make matters worse, the person who brought this irresponsible lawsuit was a judge"

SOOOOO he got $54 million for his pants??? And SOME people are not entitled to their day in court?? Do you live in a democracy??

"Ms. McDonalds who won Millions of dollars because she didn't know hot coffee was hot"

Excuse me..What degree was the coffee?? Think BEFORE you speak...Warm is not hot. I bet they changed the temp at which they serve coffee. Problem solved!! It's how we get laws for ahh, hmmm, seat belts and such...you can take yours off!

"You sound like an accident chaser"

Let's hope you never need one!!

BTW, the term is "ambulance chaser" If you are gonna live here, PLEASE try to learn the terminology! Thanks!!

"Why would there be proposals for a national loser pay law when the law already exists? uhh
"

This one I would personally refer you to a law library, if there is one in your world. I can't educate you too much now can I?...I want you to just spew anecdotal stuff all day long! I will give you a hint though: Are you saying if I get dragged into court on a "frivolous lawsuit" and win, I have NO recourse?? Buddy, lawyers get fined, lose their license or BOTH! Let's see, hmmm ...undergrad, LSAT, three years of law school to flush it down the tubes??

Now you sound like ....._______________(fill in the blank)