“The suit against Monterrey-based Grupo Senda Autotransporte and McAllen-based Viva Mexico Tours claims the companies failed to provide safe transportation and subjected passengers to “an unusual risk of injury.” ”
this will be tossed out of court. because the bus company can not control activities of other drivers. how can you predict that a driver is drunk and driving on the road? what they should be doing is find the trucking company that hired this driver and sue them. if that company did not have insurance, oh well, they are responsible. if this was a owner/operator and did not have insurance, then i would find the shipper of the goods and go after him. afterall, he hired this trucker to transport his goods. he should have checked to see if he had insurance because it’s his goods need to be protected. now if this was an empty vehicle and still owner/operator, then it should be the local government who allowed him to register the truck w/o insurance and trailer. or for that matter the business license! the tour bus is being gracious but did not have to help.
The proximate cause and liability rest with the DWI driver of the semi. But these geniuses sue the owner of the bus? I agree this should get dismissed via summary judgment as the bus company has no liability. Let them sue the truck driver and owner of the transport company.
HOWEVER, I am not familiar with the legal system in Mexico.
The court system in Mexico is certainly different when it comes to breaking laws in the country, they are on the Napoleanic Code which is akin to “guilty until proven innocent” rather than the wonderful US code which is, “innocent until proven guilty.”
So, who knows, in Mexico they may have a valid case of some sort.
valid case of what? blaming a bus driver because the other party had too much to drink and the bus driver could have rush to the bar taken the keys from that guys vehicle to prevent the accident. WOW, that would be an amazing feat! or better, the bus driver could see miles away and see that he needs to go another direction away from this driver. only because of the drunken state of the other driver, he was unpredictable that he found the other path to lead to the bus. again, back to your statement, bus driver at-fault.
I DON’T THINK SO!
the bus company needs to hold onto it’s money or have the lawyer of the company go after the trucker to recover the loss.
agreed woudchuck. this is jus typical entitlement, victimhood mentality mixed in with some pure greed. when deep pockets are involved, most people don’t care about right from wrong.
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“The suit against Monterrey-based Grupo Senda Autotransporte and McAllen-based Viva Mexico Tours claims the companies failed to provide safe transportation and subjected passengers to “an unusual risk of injury.” ”
this will be tossed out of court. because the bus company can not control activities of other drivers. how can you predict that a driver is drunk and driving on the road? what they should be doing is find the trucking company that hired this driver and sue them. if that company did not have insurance, oh well, they are responsible. if this was a owner/operator and did not have insurance, then i would find the shipper of the goods and go after him. afterall, he hired this trucker to transport his goods. he should have checked to see if he had insurance because it’s his goods need to be protected. now if this was an empty vehicle and still owner/operator, then it should be the local government who allowed him to register the truck w/o insurance and trailer. or for that matter the business license! the tour bus is being gracious but did not have to help.
The proximate cause and liability rest with the DWI driver of the semi. But these geniuses sue the owner of the bus? I agree this should get dismissed via summary judgment as the bus company has no liability. Let them sue the truck driver and owner of the transport company.
I agree on both prior points…
HOWEVER, I am not familiar with the legal system in Mexico.
The court system in Mexico is certainly different when it comes to breaking laws in the country, they are on the Napoleanic Code which is akin to “guilty until proven innocent” rather than the wonderful US code which is, “innocent until proven guilty.”
So, who knows, in Mexico they may have a valid case of some sort.
valid case of what? blaming a bus driver because the other party had too much to drink and the bus driver could have rush to the bar taken the keys from that guys vehicle to prevent the accident. WOW, that would be an amazing feat! or better, the bus driver could see miles away and see that he needs to go another direction away from this driver. only because of the drunken state of the other driver, he was unpredictable that he found the other path to lead to the bus. again, back to your statement, bus driver at-fault.
I DON’T THINK SO!
the bus company needs to hold onto it’s money or have the lawyer of the company go after the trucker to recover the loss.
agreed woudchuck. this is jus typical entitlement, victimhood mentality mixed in with some pure greed. when deep pockets are involved, most people don’t care about right from wrong.
HanValen – the great State of Louisiana is under Napoleanic Code. Just an FYI.