OMG: Jose Fernandez Killed in Boating Accident

[1952boyntoncollector]

Originally Posted by Fred

Jake,

I figure if someone is stupid enough to get into ANY type of vehicle when they know the driver is drunk then that's on them. I never said he shouldn't have been charged with a crime if he had lived. You can call it manslaughter, murder, or whatever - but think about it, those other two guys knew he was drunk. They played Russian Roulette and LOST. And no, I wouldn't let someone off the hook if they were driving drunk and caused the death of his passengers because his passengers knew he was drunk when they got in the vehicle. Geesh, chill out. Your assumptions are so off base.

i see you agree that the driver is responsible but 'that's on them' as also the responsibility on the passengers for being stupid and implying they are also responsible.

Depends on what you mean 'KNEW' he was drunk. If the guy tells you he had 2 beers but in a boat that means nothing compared to car. Did you kNOW? I know there can be counterarguments but the fact there can be arguments makes adding conditions silly.

Its starts to get complicated when we keep adding layers. Thats why the law is pretty simple. The driver/owner is responsible for the occupants. That way we arent worrried about who knew or should of known things. Nobody thought he would be driving 65 mph or whatever in a rock embankment like cmize said.

[Fred]

If you believe everything on the internet then....

According to the investigation the three were seen in a bar prior to the time they got in the boat. The assumption is that the three were probably together for a while during the evening. Yes, alcohol tends to screw up your judgement (like letting you pile drive your boat at over 65MPH into a jetty on a clear evening) but you have to figure in today's day and age you just need to be smarter when you decide to get into a vehicle with someone that is not in total control. I guess it could have looked worse if Jose was driving his vehicle (on the way to getting to his boat) and slammed it into a tree at 100MPH (killing all three) because society is less tolerant of drinking and then driving a 4 wheeled motor vehicle.

The time line is pretty interesting. Investigators seem to have it nailed down pretty good. The way I see things is that people "own" the consequences of their poor decisions.

I want my kids growing up knowing that consequences of their poor decisions is on them and nobody else.

[packs]

I don't think that's entirely true though. Getting on a boat with someone who was drinking isn't the same as signing your life away. I don't think it's right to blame a victim either. The two men aren't dead because they were drinking or doing drugs, they're dead because Jose Fernandez was drinking and doing drugs.

[Joshchisox08]

Originally Posted by packs

I don't think that's entirely true though. Getting on a boat with someone who was drinking isn't the same as signing your life away. I don't think it's right to blame a victim either. The two men aren't dead because they were drinking or doing drugs, they're dead because Jose Fernandez was drinking and doing drugs.

This sounds like what a lawyer would say. Sounds about as concrete as you can get about the situation as well.

[1952boyntoncollector]

Originally Posted by Fred

If you believe everything on the internet then....

According to the investigation the three were seen in a bar prior to the time they got in the boat. The assumption is that the three were probably together for a while during the evening. Yes, alcohol tends to screw up your judgement (like letting you pile drive your boat at over 65MPH into a jetty on a clear evening) but you have to figure in today's day and age you just need to be smarter when you decide to get into a vehicle with someone that is not in total control. I guess it could have looked worse if Jose was driving his vehicle (on the way to getting to his boat) and slammed it into a tree at 100MPH (killing all three) because society is less tolerant of drinking and then driving a 4 wheeled motor vehicle.

The time line is pretty interesting. Investigators seem to have it nailed down pretty good. The way I see things is that people "own" the consequences of their poor decisions.

I want my kids growing up knowing that consequences of their poor decisions is on them and nobody else.

It becomes a broader issue, people who drink go with designated drives. So if the people are drunk and dont realize their designated driver is too drunk to drive and an accident happens, its again the passengers to blame? I can see a failure in trust but thats not the same as being responsible for the accident.

The passengers didnt decide to drive, It was Jose. If Jose decided not to drive and nobody drove, then no accident happens.

I really think you just have to blame the driver on this who decided to man the wheel. It makes it a lot easier. If we go around blaming passengers for auto accidents for the fact of just getting into the car or boat thats a pretty slippery slope.

Afterall, we are trying to prevent impaired people from driving. Accidents end right there if people dont drive impaired. We dont need to get into the nitty gritty of what the passengers knew/how impaired were they/etc etc

[CollectingAmericasPastime]

Reading some of the above comments, it's pretty easy to see how someone got millions from McDonald's after said someone spilled their own hot coffee onto their lap. The "victim" mentality in this country is unbelievable. Much like our welfare system, our court system has become a lazy way to make a quick buck and be set for life. Disgusting.

When the reports first came out that Jose had died, there was talks of mental instability. The rumor was he went out on the boat to clear his head, or at least that's how the media made it seem. If this story had been true, and IF his friends tagged along to keep him safe/calm/sane without any knowledge of his intoxication, then Jose could have been charged with murder/manslaughter/etc.

But that's not the case. The reports state that the 3 of them were together that night - all 3 had been drinking and 2/3 had cocaine in their system. Therefore they all made the choice to become intoxicated. Then they all made the choice, coherent or not, to get on the boat. With this being the truth...

Jose Fernandez is responsible for his own death. His one friend is responsible for their own death. His other friend is responsible for their own death. Simple as that.

What's really sickening is the families of the 2 people accompanying Jose are looking to sue Jose's fiancee - whom just had a baby last month might I add. I hope the judge dismisses any lawsuits against Jose Fernandez by these families. Of course, I don't have much faith in our judicial system to do that.

Accountability. Learn it. Live it. Love it.

[1952boyntoncollector]

Originally Posted by KMayUSA6060

Reading some of the above comments, it's pretty easy to see how someone got millions from McDonald's after said someone spilled their own hot coffee onto their lap. The "victim" mentality in this country is unbelievable. Much like our welfare system, our court system has become a lazy way to make a quick buck and be set for life. Disgusting.

When the reports first came out that Jose had died, there was talks of mental instability. The rumor was he went out on the boat to clear his head, or at least that's how the media made it seem. If this story had been true, and IF his friends tagged along to keep him safe/calm/sane without any knowledge of his intoxication, then Jose could have been charged with murder/manslaughter/etc.

But that's not the case. The reports state that the 3 of them were together that night - all 3 had been drinking and 2/3 had cocaine in their system. Therefore they all made the choice to become intoxicated. Then they all made the choice, coherent or not, to get on the boat. With this being the truth...

Jose Fernandez is responsible for his own death. His one friend is responsible for their own death. His other friend is responsible for their own death. Simple as that.

What's really sickening is the families of the 2 people accompanying Jose are looking to sue Jose's fiancee - whom just had a baby last month might I add. I hope the judge dismisses any lawsuits against Jose Fernandez by these families. Of course, I don't have much faith in our judicial system to do that.

Accountability. Learn it. Live it. Love it.

Well its hard to take your opinion seriously when you start it off with ' it's pretty easy to see how someone got millions from McDonald's after said someone spilled their own hot coffee onto their lap"

What case are you referring too? If there is no specific case of that do you agree that some entity convinced you of that? You may want to see the movie 'hot coffee' that i have attached a link on youtube. Mcdonalds used that misinformation to convince people like you that this occurred but in reality she received far less than a million .

Id like to know the name of this person that actually received milions of dollars from mcdonalds due to fault on their own yet public opinion thinks that happened.



https://www.youtube.com/watch?v=pmLo_mpeltE


can also watch this

https://www.youtube.com/watch?v=PAzMMKIspPQ

In addition, you mention that that fiance of jose just had a baby. What does that have to do with anything? What about the passengers families?

People going to jail like to tell the judge that they have a family to take care of. The judge usualy says 'you should of thought of that before you committed the crime/driven drunk (you can fill that part in)

Even after the lawsuit. im sure the lawyers will work it out and leave enough money for the family. Many babys grow up without a million dollar trust fund. A lot of money has probably 'disappeared' right now as well. Is that fair to the victim's families?

[CollectingAmericasPastime]

Originally Posted by 1952boyntoncollector

Well its hard to take your opinion seriously when you start it off with ' it's pretty easy to see how someone got millions from McDonald's after said someone spilled their own hot coffee onto their lap"

What case are you referring too? If there is no specific case of that do you agree that some entity convinced you of that? You may want to see the movie 'hot coffee' that i have attached a link on youtube.

Id like to know the name of this person that actually received milions of dollars from mcdonalds due to fault on their own.


https://www.youtube.com/watch?v=cIeXjd_jzZk

In addition, you mention that that fiance of jose just had a baby. What does that have to do with anything? What about the passengers families?

People going to jail like to tel the judge that they have a family to take care of. The judge usualy says 'you should of thought of that before you committed the crime/driven drunk (you can fill that part in)

Even after the lawsuit. im sure the lawyers will work it out and leave enough money for the family. Many babys grow up without a million dollar trust fund. A lot of money has probably 'disappeared' right now as well. Is that fair to the victim's families?

I have emboldened parts of your post and will answer chronologically...

1) Not sure how the beginning of my post negates the seriousness of my post.

2) https://en.wikipedia.org/wiki/Liebec...;s_Restaurants. "Negligence" and "lawsuit" are synonymous. Negligence is everywhere. The alternate terminology is "human error".

3) She is a new mother, and just lost her fiance. The deaths were not fault of her own. In fact, she had NOTHING to do with it. Your defense of the other 2 families is they just lost a loved one, therefore they should be entitled to some compensation. She just lost her loved one, and her new baby lost a dad. Where's their compensation?

4) So what you're suggesting is, because she was engaged to a rich athlete, her financials should automatically become a trick-or-treat bag where everyone can come grab some? "Don't worry, there will be enough candy in the end for you to enjoy some of it."

[drcy]

The McDonald's case is a bit of a bad story. Not to say the person was without fault and stupidity, but McDonald's had been warned by authorities numerous times before the incident that their coffee was served way too hot, especially for the drive through and people carrying the food themselves. They had been told to serve the coffee cooler and that they could be liable if a customer accidentally got burned after accidentally spilling it on themselves.

And, as someone who would go to McDonald's in college (many years ago), I specifically recall thinking that their coffee was extra hot and served hotter than anywhere else.

[1952boyntoncollector]

Well people to get injured all the time with people with no money and no insurance and you are right , there are no claims against those people and it doesnt matter if they have kids or a family . However if someone has money and/or insurance, they will likely get sued in a case such as Jose's


Which reminds me, there is probably insurance on the boat that is being pursued but the public will not know about that for this type of case. I discussed that earlier in this thread months ago.

Still having a family doesnt relieve anyone from a damages award or being a fault for an accident. The baby has nothing to do in terms of what happened in the accident and the victims damages. Collecting on the damages is a different story. The baby will be used as a sword, not a shield

[Stampsfan]

Trying to lighten this up a bit...

Originally Posted by Fred

I guess it could have looked worse if Jose was driving his vehicle (on the way to getting to his boat)...

Originally Posted by 1952boyntoncollector

That way we arent worrried about who knew or should of known things.

Regardless of the topic, I think I will support the view of the person who uses proper grammar.

Hard to believe one of these guys is a lawyer, and likely works with documents all day.

[1952boyntoncollector]

Originally Posted by Stampsfan

Trying to lighten this up a bit...





Regardless of the topic, I think I will support the view of the person who uses proper grammar.

Hard to believe one of these guys is a lawyer, and likely works with documents all day.

Attack the messenger and not the message. So someone for Nazis with great net54 grammar you will support. I will go on a limb and i will support the person that is against Nazi's with terrible net54 grammar.

Count me as an anti-nazi person no matter the grammar! Just lightening things up a bit...

[Fred]

What a waste of time...