Family of Dead Teen Ordered to Pay for Guardrail

[VolnJC]

LENOIR CITY, Tenn.*— The state of Tennessee has billed a dead teen nearly $3,000 to replace the guardrail that killed her in a car crash in November.
Her flabbergasted father said that he not only would not pay but also*contends that the model of guardrail that struck his daughter was poorly designed and dangerous.
Around 5:44 a.m. ET Nov. 1, Hannah Eimers, 17, was driving her father's 2000 Volvo S80 on Interstate 75 northbound*near Niota, Tenn., when the car*left the road, traveled into the median and hit*the end of a guardrail*with the driver's side door, according to a*Tennessee Highway Patrol crash report.


http://www.msn.com/en-us/news/us/te...led-her/ar-BByIcfC?li=BBmkt5R&ocid=spartanntp

 

[orangepridenation]

I wonder how well the person who wrote out that invoice slept that night.

 

[joevol33]

I wonder how well the person who wrote out that invoice slept that night.

Right!

 

[Roustabout]

Wow, guardrails strike cars.

I didn't know they moved. Obviously a ridiculous and hurtful thing by the state. But saying the rail struck the car is twisting the facts.

 

[MG1968]

I guess it's messing with the rage party to point out that TDOT has apologized for this, admitted their mistake and have confirmed that Hannah's parents aren't liable for anything.

 

[FLVOL_79]

Wow, guardrails strike cars.

I didn't know they moved. Obviously a ridiculous and hurtful thing by the state. But saying the rail struck the car is twisting the facts.

Did you read the story? Guardrails are designed to bounce a car away..not impale the vehicle AND the drivers head killing them instantly..

 

[hog88]

I wonder how well the person who wrote out that invoice slept that night.

Soundly probably.

We need to do more of this, maybe people would start paying attention while driving.

 

[FLVOL_79]

Soundly probably.

We need to do more of this, maybe people would start paying attention while driving.

LOL.

Expecting people to be responsible? What fantasy world are you living in Hog? Did you become a liberal!? :crazy:

 

[Grand Vol]

I guess it's messing with the rage party to point out that TDOT has apologized for this, admitted their mistake and have confirmed that Hannah's parents aren't liable for anything.

The problem is someone thought it should be issued in the first place.

 

[Velo Vol]

Not sure how this is "politics".

 

[Biopsyman]

I wonder how well the person who wrote out that invoice slept that night.

I would tell him to wipe his ass with that invoice

 

[Carl Pickens]

i would tell him to wipe his ass with that invoice and then choke on it

fyp

 

[ClearwaterVol]

If you lose control of your car and cause damage to someone else's property you should pay for it.

 

[volfanhill]

If you lose control of your car and cause damage to someone else's property you should pay for it.

But that person is dead so collecting will be difficult

 

[Danl]

If you lose control of your car and cause damage to someone else's property you should pay for it.

I always assumed (I know) that when some driver plowed into another vehicle, someone else's building, fence, child, pet, etc that the driver was responsible for any damages. If the driver is dead or alive, their insurance should cover the damages. Why are guardrails different?

 

[MT LeConte]

If someone slams their car into yours they are liable for the damage. Even if they get killed the insurance company or owner of the car (if not the driver) are held responsible.

The story sounds a little insensitive but it really just a matter of law.

 

[Burhead]

I hate to be that guy but more importantly why is a 17 year old girl driving at 4am? Tennessee's driver license requirements say that while your 17 you can't drive between 11pm and 6am unless you're with a parent, coming to or from work, or going to school related activities, or fishing/hunting and per the article none of that was stated.

 

[rjd970]

There is the letter of the law and the spirit of the law. I get that technically the teen is liable for the damage, but come on. Somebody screwed up on this one. Glad they issued an apology.

 

[ClearwaterVol]

But that person is dead so collecting will be difficult

Nope. Dangerous instrumentality rule. You own the car. You own the damages regardless of whether you were driving. In Florida, in order to obtain a driver's license an adult guardian must sign a financial responsibility agreement for a minor to get license.

 

[Burhead]

Nope. Dangerous instrumentality rule. You own the car. You own the damages regardless of whether you were driving. In Florida, in order to obtain a driver's license an adult guardian must sign a financial responsibility agreement for a minor to get license.

Same in TN.

 

[Roustabout]

Did you read the story? Guardrails are designed to bounce a car away..not impale the vehicle AND the drivers head killing them instantly..

Yes, I read the whole article. Nagy should do more than some half asses apology. It's tragic.

That said, all accidents are different. I'd say this was a very rare occurrence to hit the rail where it ends/begins and have the car turned side ways where the guard rail would come through the window.

I have a client who retired as an accident investigator and there are all kinds of anomalies where fatalities are involved.

 

[Orange_Vol1321]

http://www.usatoday.com/story/news/nation/2015/02/06/highway-guardrail-problems/23003749/

The new guardrail heads like the one that killed his daughter, have been through many tests after lawsuits. The head is suppose to crumble the guardrail during a head-on impact. The new heads in question are allowing the guardrail to impale the cars.


Seen on the news that this bill sent to the Father was a mistake and had been dismissed.

 

[MercyPercy]

The fact that these specific guardrails have a bad rap for killing people makes this a pretty bad look even if it's following the letter of the law.

 

[FLVOL_79]

I hate to be that guy but more importantly why is a 17 year old girl driving at 4am? Tennessee's driver license requirements say that while your 17 you can't drive between 11pm and 6am unless you're with a parent, coming to or from work, or going to school related activities, or fishing/hunting and per the article none of that was stated.

Why was a woman even driving!?!

 

[Rasputin_Vol]

There is the letter of the law and the spirit of the law. I get that technically the teen is liable for the damage, but come on. Somebody screwed up on this one. Glad they issued an apology.

Like I've said numerous times, the people that rule us would rather enforce laws instead of serve justice.