Family of boy killed in April Disney bus crash files lawsuit

[Gator]

Being from CA, land of tort and civil court, I'd say this case is about one thing....Lawyers.

[c&d]

Although not the same as this accident this is my opinion on the lawsuit.

Having lost my mother to a car accident and a series of mistakes at the hospital, I can understand their anguish. We had lawyers ask us to help us sue both the driver (who crossed a double yellow line) and the hospital which admitted their mistakes but we chose not to sue. After all we had been through suing wasn't going to bring my mother back and having to keep the accident memories alive for several years of a lawsuit wasn't worth the emotional pain. I know that the 17 year old who caused the accident has to live with that for the rest of his life and that is punishment enough for me.

[Goofy4TheWorld]

I am sure that there are lawyers pushing harder than the family to proceed with this, but as much as it pains me to admit, only the threat of future litigation (or government regulation) changes anything that a large company like Disney does or will do in the future.

The family's lawyer, like all the others, throw as much junk as they can to see what sticks. I am sure the driver will eventually be dropped from the suit because his pockets are too shallow, and it will be indisputable that he did everything right.

As soon as I saw the helicopter video of the crash site, the very first thing I thought was "I can't believe that Disney has a sidewalk that close to that road in a campground." I have no experience at Ft. Wilderness, but it looked to me that the road was probably a well-traveled road that was probably 35+MPH speed zone. I don't think it is unreasonable to expect that there be safe bicycle trails at a campground, and my one and only glance at this sidewalk made me think that it was a little too close for comfort. It is not unreasonable to expect a higher degree of pedestrian safety at a campground (where riding bicycles is as much tradition as Apple pie) than say trying to walk from the Contemporary to the TTC, expectations are different.

As much as we all hate the system, it is all we got. The only way to pursue change is through the courts. If Disney started construction on a safety wall or moving the sidewalk over 10 feet the day after this accident, that would have just made it look like their fault for sure.


Just my

[princessjojo]

For some, filing a lawsuit after a tragic accident is a way of shifting blame. Not to say that the parents are at fault or should hold blame for any part of the accident, but it simply makes them feel that they aren't the only ones dealing with a potential loss.

When both of my children were severely injured, it was simply an accident. They were with my dad, and after several months of questioning my faith, and why things happen to good people, especially children, I had to accept that accidents do happen, and are simply that, accidents. We had to choose to forgo any insurance reimbursements because it would have to imply that my father was negligent in caring for my children that day, which he simply wasn't.

I feel terrible that the family had to suffer a terrible loss, but sometimes I feel we need to just accept things for what they are and not sue for "accidents." Now if there was neglect that's different, but to look for it solely to blame someone is in need of some serious soul searching and rediscovering of your faith.

But if the attorney led them to this place they're in, she should be attacked with her bar card and given 50 paper cuts. Karma is a killer....

[CaptainSad]

You know who I blame? The system. This is the only country in the world you can sue for everything known to man. Most of the suits are greed. Disney will settle and what usually happens is Disney will bar them from ever stepping foot on Disney property again. These people won't win in the court. They never do. The family will get a little money. The lawyer will be counting his share all the way to the bank. From what I have read and seen, Disney and the man driving were at no fault what so ever. The bus had already started it's pass of the boy and the boy turned into the bus. It was a total accident. Nothing more. I feel bad for the family, but to file suit won't bring him back.

Fix the system so these types of things can't come up.

[LVT]

Tragic. I thought, however, that some insurance companies required such lawsuits from their clients, as a way of not having to pay or reduce their own part of paying on a policy such as life insurance.
It seem that if you fall and go to an ER, there are many questions aimed at finding someone to blame.
I am ignorant in this area, it is merely my perception.

[Goofster]

They sued the bus driver knowing that Disney's insurance company will step into indemnify him and handle the lawsuit. Any judgment against him as an employee would be paid by Disney's insurance. The family (their attorney) is double-dipping--getting two judgments against Disney. Given that the facts are clearly in Disney's favor, I'd be surprised if they settled this one.

[sneezyone]

The sad thing is, even if Disney settles, we'll be the ones paying for it. Their insurance rates will go up and the prices we pay for going there will go up to cover the increase in their insurance rates.

It's a terrible tragedy, but my question is, does the parents have any responsiblity? The bike was not proper operating condition, the boy was riding unsupervised on a bike with a flat tire and they knew he would be riding along a busy road...

it's horrible but what will it do to sue? will the money make the hurt go away? will it bring their child back?

The FHP said the driver of the bus was not at fault so what good does it do to ruin his life as well?

If the driver had been overworked/tired/impared or the bus was ill-maintained and the breaks went out/steering failed, it would be a different story, at least in my mind.

just my oho

[Cinderelley]

An angle they might be trying to get is forcing Disney to change the road to make it safer for bikes. Big corporations don't change things unless it costs them $$$$.

[DisneyHound]

I am completely floored at the contempt and animosity shown in this thread. First, let's remember that the loss of a nine year old child is a tragedy beyond words. That said, since when does this forum sanction outright vicious, contemptable attacks on people?

Quote:
"But if the attorney led them to this place they're in, she should be attacked with her bar card and given 50 paper cuts. Karma is a killer..."

Quote:
..." said lawyer would better hope that I don't have a baseball bat, cane, large stick, or 2x4 handy... I don't blame the family here - I blame the (censored-censored doubly censored) lawyer advising the family on this one, preying on their loss. Bloody (censored) vulture..."

Really, people? I would point out a few things here. First, generally most clients seek out their attorneys, not the other way around. People really should grow up and accept responsbility for their own actions instead of blaming others, in this case, apparently attorneys. Second, people like to villify attorneys until they need one, then the attorney is expected to step in and wholeheartedly advocate for a position they may not personally support.

Maybe the contempt expressed here is indicative of the increasing obnoxiousness and lack of civility we notice among our fellow Disney guests while in the World.

[joonyer]

Being a lawyer myself, I can say we all love to hate other people's lawyers. But we love our own when we need one.

That's just the nature of the litigation. I don't ever take it personally. But I also think online rants are pretty much a waste of time and effort.

Just remember lawyers are people just like everyone. else, Contrary to popular belief, they are not an alien species.