Passengers Have Duty to Aid Crash Victims, N.J. Court Rules

By | June 28, 2007

  • June 28, 2007 at 9:50 am
    David says:
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    I happen to applaud the upper courts ruling. The kids should have used their own minds about the situation and called for help. It not doing so, they might has well been driving. They did not create the situation of the accident, but did create the situation for the death.
    I find it hard to believe the jury could find a way to really put any negligence on Uribe. Given the facts and how fast a car can travel, you won’t have time to stop or swerve once your headlights hit the body and actually recognize what your coming up on. Uribe should be lucky. In my state, your hit with 1%, your on the hook for it all and it is up to you to collect from the other party.

  • June 28, 2007 at 1:20 am
    Exadjuster says:
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    With friends like that, one needs no enemies.

    Sorry……………

  • June 28, 2007 at 1:32 am
    Anonymous says:
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    That is unvelievable that the girl Uribe was stills ued, that is someone just wanting $$$, she stayed with the man and called the police, it is in no way her fault that the drunk idiot through him off his bike and fled the scene. Great to see we are jsut as lawsuit happy as ever.

  • June 28, 2007 at 1:51 am
    Mary B. says:
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    It is rather sick that the widow sued Uribe. Serious money grubber.

  • June 28, 2007 at 2:01 am
    Lil Red says:
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    Sure glad you all believe in the TORT law of NJ. Also hope you guys never have anything like this happen to you & your family.. we’ll see how quick you’ll all be reaching for hte phone # of an attorney. It’s not about the dollar as much as it is JUSTICE…
    ” speak no ills of any man/s woman’s life choices , until you’ve walked a mile in their shoes”

  • June 28, 2007 at 2:02 am
    Compman says:
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    But maybe the girl had been drinking too. You would think if you are driving that you would see a body in the road in front of you if you were paying attention. I mean, she did run over the guy and that killed him, so she has some fault here.

  • June 28, 2007 at 2:17 am
    Reagan says:
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    Why doesn’t the idiot who was driving a motorcycle on the GSP at 2am have any culpability in his own death? Only a fool would drive a motrcycle on that highway at any hour, let alone at 2am. I say counter sue the widow for her million plus to send a message to all motorcylce driving idiots the world over!

  • June 28, 2007 at 2:25 am
    Icee says:
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    Compman, you must remember that it was night when this happened. Now I don’t know how well lit the Garden State Parkway is or what the speed limit is or what the weather conditions were, but it could be very easy to miss seeing a body on or partway on the road.

    I was driving down the interstate at night, in an area that wasn’t lit. It was a clear night with no moon. I didn’t have my brights on because there was a vehicle in front of me.

    I saw that vehicle swerve to the left. A few seconds later I saw why. A pickup truck without lights was stopped straddling the 2 lanes of traffic. I barely had time to swerve to miss hitting it.
    If it had been a body lying there, I’m not sure I would have seen it in time to swerve.

  • June 28, 2007 at 2:27 am
    Get a Grip says:
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    WOW! Since when is it negligence just to drive on a certain road, at a certain time of day, on a certain type of vehicle? Even if you apportioned 1-10% negligence on the cycle driver for taking an unsafe road that a reasonable, prudent cycle driver would not have taken, his estate would not be barred from recovery for his death. Like I said, Get A Grip!

  • June 28, 2007 at 4:10 am
    George Costanza says:
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    Didn’t these guys see the final episode of Seinfeld? They should have known that jail was a possibility if they didn’t help!

  • June 29, 2007 at 4:56 am
    Big Red says:
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    I am thankful for the good people in this country who reach out to those in need. Most of us would, I really believe.

  • June 29, 2007 at 8:25 am
    Devon says:
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    I’m interested in how they attributed legal negligence to Uribe. There is no information in the article that details this. Anyone have any theories?

  • June 29, 2007 at 8:37 am
    George Costanza says:
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    He may stil be alive if Uribe hadn’t come along.

  • June 29, 2007 at 9:33 am
    Sam says:
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    That’s not a legal theory George. I’m sure the alleged Uribe was negligent for failing to maintain proper lookout while driving.

  • June 29, 2007 at 9:52 am
    Nebraskan says:
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    While I feel for Uribe, I can understand why she was found to be at fault. This may sound like a completely different situation, but I think there is some correlation here.

    I once hit an ILLEGALLY parked car. I thought it was unfair that I got cited, but the illegally parked car did not. As the insurance adjuster kindly explained to me, a car parked illegally is no excuse to hit it. (i still grind my teeth over that one. But that was when I was 19 and on my parent’s insurance. hooray!) So even though uribe was at the wrong end of an unfortunate chain of events….those people leaving that guy lying on the road is not an excuse for Uribe to get out of the fact that she hit him.

    But I do think the amount she had to pay was a bit steep.

  • June 29, 2007 at 9:53 am
    Nebraskan says:
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    Oh yeah, i didn’t mention that the illegally parked car was parked right next to the sign that said NO PARKING ZONE.

  • June 29, 2007 at 10:15 am
    GB says:
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    I think Uribe’s liability comes from the fact that SHE RAN THE VICTIM OVER AND KILLED HIM !!!!!

  • June 29, 2007 at 11:24 am
    DJ says:
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    Yes, thank goodness there are still good smaritans left in the world. Sadly however it seems to be “in” to be blase and only out for number one. Yes, this is like that series finale of Seinfeld, but what a very sad commentary for mankind.

  • June 29, 2007 at 1:10 am
    Devon says:
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    Was it dark out? Could she reasonably have seen him? Where exactly in the road was he? I agree with the person who said it probably came from not keeping a proper lookout. Without knowing the rest of the story, it’s hard to form my own opinion. The article does not suggest that she was doing anything wrong per se, so, apart from the fact that her action was the fatal one, I wonder what other factors attributed to their decision.

    D

  • June 29, 2007 at 1:11 am
    Devon says:
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    Truer words have never been spoken…

    D

  • June 29, 2007 at 1:41 am
    Devon says:
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    I, too, agree that the passengers should have helped. They made a bad situation worse by their unwillingness to help. I’m surprised they weren’t pulled into the case much earlier.

    D

  • July 2, 2007 at 7:41 am
    David says:
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    I agree with this theory but the idea of reasonable doubt always creeps in. I’m sure the plantiff’s attorney brought up the fact that other cars “likely missed” him that night. Why some of them did not call the police is another question. Given this, some albiet small, liability will get pushed back on her for being the car that created the deadly blow.

  • July 2, 2007 at 7:54 am
    Claims Guy says:
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    In order to be liable, there must be a duty-owed and a breach of that duty. At 65 MPG at 2:00am on the GSP without any street lights, the probability of a motionless body on the roadway is not foreseeable. The driver’s responsibility was to lookout for other vehicles. Even with “proper lookout”, I doubt any reasonably person would have seen the body. I’d bet the deceased was wearing dark clothing that further contributed to him not being visible. Unfortunate as it was, Uribe shouldn’t have been assessed any liability. She should have been given a commendation for stopping.

  • December 26, 2007 at 11:37 am
    Frank says:
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    geez, this is one of the worst stories I’ve read. you have friends who were there to help or call for help and did not, leaving the “friend” to get run over. how in the world does that happen. and why did the so-called friends allow that to happen. a bizarre story to say the least. http://www.arizonaautoinsurance.cc

  • July 8, 2009 at 1:18 am
    Patricia Uribe says:
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    Time and time again I search the internet to find articles about my car accident. Time and time again I find myself being torn apart.
    To all the people who posted on this forum. Please understand the following:
    -I was not under the influence.
    -I could not see what was in front of me because there was a Jeep in front of me.
    -I could not move out of the way because I would of hit the cars on both sides.
    -When I struck Mr. Podias I pulled over immediately.

    I truly believe you could sue me for all the money in the world and nothing will change that night. I am not upset because I was sued. I am upset and hurt because of the way people put things and the media has really made this hard to move on.

    Please understand I was an innocent bystander, I pulled over, and I never kept anything from anyone.
    To say I killed someone is harsh. To say the other three passengers killed him is FACTUAL INFORMATION.

    And to clear the air I was held 10 percent liable because my attorney would not let me answer any questions from the jury. The questions were as follows:
    -Was I ever involved in a car accident?
    Answer: No
    -Did I ever get a ticket?
    Answer: No

    -If I was allowed to answer these questions I think the jury would of ruled differently.

    For everyone who has been supporting me almost 7 years later. I really appreciate the continued support.

    With much respect,
    Patti Uribe

  • June 10, 2010 at 12:00 pm
    Nik says:
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    Hi Patricia,

    I am a friend of Mr. Podias and I would like to say that this accident was truly unfortunate and on that night I lost a dear friend and the world lost a great man. I speak not only for myself, but for other people who knew Tony when I say we (his friends) DO NOT BLAME YOU for what occurred. The wrongdoers were the ones who struck his motorcycle and left him lying in the roadway to be struck by other drivers. It’s unfortunate that you were the person who came into contact with his body (while he lay helpless in the roadway). I don’t want you to be burdened by what others are saying. There are people who see through the smoke screens and really know which direction to point our fingers.

  • June 30, 2010 at 10:55 am
    Patricia Uribe says:
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    Nik,
    Thank you so much for the posting. After all this time. I still reread all the articles. I still visit mile marker 114 on the anniversary date and I still think of that night everyday of my life.

  • July 1, 2010 at 9:35 am
    Nik says:
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    Patricia,

    I understand. It’s been 8 years, and I find myself reading the same articles and thinking about that night. I’m now at peace with situation and I pray that one day you too will be at peace.

    If you are having one of those bad days in the future, feel free to email me at northjerseynik@yahoo.com.



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