Mothnd-Run Victim Wants Negligence Law Changeder of Hit-a ~ OPOLAW Injury Blog

Wednesday, January 28, 2009

Mothnd-Run Victim Wants Negligence Law Changeder of Hit-a

The mother of a hit-and-run victim has spoken out against current negligence laws after being refused to collect insurance for her son's death (07SEP06). 23-year-old Neil Anderson was killed crossing the road early in the morning when Yokairi Diaz hit him with his car. Diaz was subsequently charged with hit-and-run and drunken driving. Anderson's family cannot claim any insurance benefits because of a legal concept called "contributory negligence". According to North Carolina law, the family cannot make a claim if the victim is in any way responsible for his or her own injuries. Because Anderson was drunk and not at a cross walk when he was crossing the street, insurance cannot be claimed. Anderson's mother Jenny Hanna says, "Basically, he doesn't have any legal rights, is the way I read it."

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