[quote=FlyerInHi]The guy who slammed his brakes is not the guy who was run over.
That’s why Gloria will likely get a big settlement.

If Alexian is a business executive he should have good insurance. But wait… He’s Chinese, so maybe he just has the minimum (pardon the joke, flu).[/quote]

I doubt it. I know NY is not a pure contributory negligence state, but not sure what the case law is on comparative negligence. Was the driver of the SUV negligent in driving while surrounded by bikes and bikers? Maybe. Was the injured negligent in parking his bike in the middle of a freeway traffic lane, leaving his bike and walking down the middle of an active freeway traffic lane? I’m guessing any jury in the country would find the injured at least partially negligent with his own actions. In pure contributory negligent states (which NY is not), he wouldn’t get a penny. Most states use a modified comparative negligence, which varies a bit, but in most jurisdictions, if the plaintiffs negligence was at least as great as the defendant, the plaintiff doesn’t get a dime.

Given the overwhelming support given the SUV driver in unscientific polls over the last few weeks, I doubt Allred would ever take this to trial. If she gets a settlement out of it, its likely to be nothing more than a nuisance settlement.