LaChula Posted April 23, 2013 Report Share Posted April 23, 2013 I couldn't get on this website yesterday to report that the driver is out of jail as of Sunday afternoon. He and friends and family paid all the funeral expenses and more. The mother acknowledged it was an unavoidable accident and there were many witnesses, including at least one licenciado. She signed a "perdon" which released him from the responsibility, but is demanding 100,000 pesos which the driver is paying in installments. Now the family of the driver will hold the 5th Birthday party for a little boy which was cancelled on Saturday. Link to comment Share on other sites More sharing options...
bmh Posted April 23, 2013 Report Share Posted April 23, 2013 It is interesting that the mother demanded that money and got it. You would think she would have some responsability in the accident as well. It is pathetic to let your kid play on the highway and hold someonelse financially responsible for an "unavoidable" accident. It is good the driver is out and back with his family. But the whole thing is pretty sad on my different levels. Link to comment Share on other sites More sharing options...
alex45920 Posted April 23, 2013 Report Share Posted April 23, 2013 The rules of "defensive driving" say that you should slow down and place your foot on the brake pedal when you see that children are present. That way, you can stop immediately if necessary. Children are known to act in an unpredictable manner. It's a fact of life...and death. Link to comment Share on other sites More sharing options...
Joco Posted April 23, 2013 Report Share Posted April 23, 2013 I thought in Mexico pedestrians do not have the right of way unlike up North. I also don't know why the child's family isn't being held responsible for allowing the child to play near a highway unsupervised. Up North the parents would have been arrested for neglect and endangerment. Link to comment Share on other sites More sharing options...
alex45920 Posted April 23, 2013 Report Share Posted April 23, 2013 Having control of 4,000 pounds of metal with the power of 200 or more horses is an awesome responsibility. That responsibility should be taken seriously. Link to comment Share on other sites More sharing options...
CWB Posted April 23, 2013 Report Share Posted April 23, 2013 Who said the family knew what the child was doing? I also don't know why the child's family isn't being held responsible for allowing the child to play near a highway unsupervised. Link to comment Share on other sites More sharing options...
bmh Posted April 23, 2013 Report Share Posted April 23, 2013 Now we know why all the hit and run accidents. Link to comment Share on other sites More sharing options...
Hernan Santiago Posted April 23, 2013 Report Share Posted April 23, 2013 Who said the family knew what the child was doing? I think you just pointed out the real issue and to think that they are being rewarded to the tune of 100,000 pesos for the negligience to their child and contributing to the death of their child is a little more than mindboggling to me. Link to comment Share on other sites More sharing options...
Hernan Santiago Posted April 23, 2013 Report Share Posted April 23, 2013 Now we know why all the hit and run accidents. Well said. What would you do in the same situation as this driver? Stay at the scene of the accident, as this person did, and know that you are going to jail and are going to have to pay for the funeral of the dead child that ran in front of your vehicle when the parents were not paying attention plus100,000 pesos in extortion money to parents who were not paying attention to their child and demand that from you to not press frivolous charges against you, or get the hell out and take your chances on getting caught? Link to comment Share on other sites More sharing options...
satnrose Posted April 23, 2013 Report Share Posted April 23, 2013 Folks when is the last time you've been around a 5 year old? I had the pleasure a year ago, and was walking 5 feet from the front door to the car parked in the driveway. The little darling broke and ran right down the center for a street. Why? Who knows, they are impulse driven. I also temporarily lost my own 5 year old son for a period of time when he opened the front door and took a walk. The police returned him. Same happened to my neighbor. From what has been written, it is agreed it was not the driver's fault. Why the blame game? Link to comment Share on other sites More sharing options...
Intercasa Posted April 23, 2013 Report Share Posted April 23, 2013 It is a tough situation. Many people flee but if you flee and they catch you then they will not grant you bail, or you could flee and do an amparo. Either way sounds like the person driving didn´t have insurance as the insurance company would have posted the bail and they usually hold the driver pending toxicology tests. Link to comment Share on other sites More sharing options...
Hernan Santiago Posted April 23, 2013 Report Share Posted April 23, 2013 It is a tough situation. Many people flee but if you flee and they catch you then they will not grant you bail, or you could flee and do an amparo. Either way sounds like the person driving didn´t have insurance as the insurance company would have posted the bail and they usually hold the driver pending toxicology tests. What does it matter if they had insurance or not? They stood up to the plate and faced the music to the tune of one funeral and 100,000 pesos. How many of us would have done that? My heart goes out to the driver who amazingly did the right thing, ESPECIALLY if he had no car insurance. Link to comment Share on other sites More sharing options...
bennie Posted April 23, 2013 Report Share Posted April 23, 2013 the childs family had more $$ than the driver. (who also had no insurance). it is not about what is fair, this is another culture, another country. dont let it "boggle your mind" (as you said in post 8). i take taxies, this is not a bad idea all things considered. Link to comment Share on other sites More sharing options...
Hernan Santiago Posted April 23, 2013 Report Share Posted April 23, 2013 Now that bennie has posted on this topic, I will bow to her knowledge and expertise and therefore bow out of this thread as I know it is now in good hands. Thanks, bennie. PS. Not sure, but I think "taxies" have accidents also. Maybe not. Quien sabe? Que la vaya bien. Link to comment Share on other sites More sharing options...
bennie Posted April 23, 2013 Report Share Posted April 23, 2013 mr. hernan, apples & oranges, think it though. there is a big differnce between a driver of a private car & a "passenger" in a cab. taxies are insured by the company. i suggest before you have opinions about accidents, (or any other mexico issues), that you live here a few years. you can than get a sence of all the culture, the laws, the traditions. you wont be trying to rationalize something which defies american logic. for me, taxies work well in general. Link to comment Share on other sites More sharing options...
Bourbonman Posted April 23, 2013 Report Share Posted April 23, 2013 Lots of opinions & lectures by some that may be in the same situaution one day. I witnessed a small child, run into the street in front of a car.in Ajijic. The Mexican people swarmed on the car, even tho it was an unavoidable accident & the driver was going very slow. The child turned out to be not to badly hurt, but the driver was a very scared person, by the crowd. Link to comment Share on other sites More sharing options...
Shelley Ronnfeldt Posted April 23, 2013 Report Share Posted April 23, 2013 C'mon, people. Were none of you parents? It was a horrible, frightful, accident. I am so sorry for all involved. Link to comment Share on other sites More sharing options...
beetlejuice Posted April 23, 2013 Report Share Posted April 23, 2013 A horrible, heartbreaking accident indeed, but apparently not so earth shattering as to prevent a little time out to calculate the value of the child´s life. ....100,000 pesos ( even after the funeral expenses had been paid and after the driver was pardoned) shame, shame Link to comment Share on other sites More sharing options...
Joco Posted April 23, 2013 Report Share Posted April 23, 2013 Folks when is the last time you've been around a 5 year old? I had the pleasure a year ago, and was walking 5 feet from the front door to the car parked in the driveway. The little darling broke and ran right down the center for a street. Why? Who knows, they are impulse driven. I also temporarily lost my own 5 year old son for a period of time when he opened the front door and took a walk. The police returned him. Same happened to my neighbor. From what has been written, it is agreed it was not the driver's fault. Why the blame game? Someone wrote that witnesses said the child was running back and forth across the highway. I assume the parents are younger than you and can control their own child if the child decided to bolt and run into the road. The mother said it was not the driver's fault. The driver was not speeding, was not intoxicated and did stop to render aid. I bet he wishes now he had driven off like most Mexicans would have. How can the family have a funeral paid for by this driver who was not in the wrong and he also pays them an additional $100,000 pesos? In the U.S. if a mother was watching or allowing her child to run across a highway and the child was hit and killed, that mother would be arrested for neglect. The driver was not at fault and he should not have been punished. The mother should not have allowed the child near the highway. Link to comment Share on other sites More sharing options...
Joco Posted April 24, 2013 Report Share Posted April 24, 2013 Who said the family knew what the child was doing? Why didn't they know what the child was doing? Aren't parents supposed to keep small children off highways? The mother said it wasn't the driver's fault so I assume she saw it happen and knew what her child was doing. Link to comment Share on other sites More sharing options...
satnrose Posted April 24, 2013 Report Share Posted April 24, 2013 Someone wrote that witnesses said the child was running back and forth across the highway. I assume the parents are younger than you and can control their own child if the child decided to bolt and run into the road. The mother said it was not the driver's fault. The driver was not speeding, was not intoxicated and did stop to render aid. I bet he wishes now he had driven off like most Mexicans would have. How can the family have a funeral paid for by this driver who was not in the wrong and he also pays them an additional $100,000 pesos? In the U.S. if a mother was watching or allowing her child to run across a highway and the child was hit and killed, that mother would be arrested for neglect. The driver was not at fault and he should not have been punished. The mother should not have allowed the child near the highway. The family (child) are both involved by being in the wrong place at the wrong time. The family looses a child. It may seem fairer to attach compensation to the other party. In the US, less compensation is given for a child than an income earning adult. In Mexico I'm thinking children are seen as economic security, therefore the compensation would be relatively higher. Link to comment Share on other sites More sharing options...
Guest bigd Posted April 24, 2013 Report Share Posted April 24, 2013 The family (child) are both involved by being in the wrong place at the wrong time. The family looses a child. It may seem fairer to attach compensation to the other party. In the US, less compensation is given for a child than an income earning adult. In Mexico I'm thinking children are seen as economic security, therefore the compensation would be relatively higher."in the US less compensation is given for a child than an income earning adult""?? What law school did you graduate from.?.. Link to comment Share on other sites More sharing options...
bennie Posted April 24, 2013 Report Share Posted April 24, 2013 driver did the right thing to settle, fair or not he is a free man. where exactly did this happen on the highway? thanks. Link to comment Share on other sites More sharing options...
zeemama Posted April 24, 2013 Report Share Posted April 24, 2013 Don't you think enough has been said.. Link to comment Share on other sites More sharing options...
satnrose Posted April 24, 2013 Report Share Posted April 24, 2013 "in the US less compensation is given for a child than an income earning adult""?? What law school did you graduate from.?.. I had personal experience with this issue twice, and no I was not the person suing. In one case, the lawyer pointed this out, the other the case, the arbitrator made the decision based in part on the descendant's age. Link to comment Share on other sites More sharing options...
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