Bicyclist killed, trucker guilty

On Thu, 26 Aug 2004 01:58:03 GMT, [email hidden]

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Jeffrey Steinwedel was a 48 year-old computer engineer who worked
often with the Pentagon and various military installations around the
world. He was riding his bicycle along Stevens Canyon Road [below the
dam] in Cupertino when he was run over and killed by a double-dump
trailer which was trying to pass. When apprehended, the driver of the
truck denied any involvement in the accident.

....

Quoted message said:

After the conviction, O'Reilly, Collins & Danko negotiated settlements
against the driver's employer totaling $5,000,000.

Just out of curiosity, how much of the $5,000,000 did the family get,
and how much went to the lawyers?

Email address works as is.

Patrick Lamb said:

On Thu, 26 Aug 2004 01:58:03 GMT, j
Just out of curiosity, how much of the $5,000,000 did the family get,
and how much went to the lawyers?

Just out of curiosity, how much would the family have gotten without the lawyers? 😉

The amount of work they had to do
to convict this A-hole, would be well
worth the money.

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent news,
then I understand, but if the settlement is 1999, why the posting today?)

Nice to know that there's justice sometimes, though.

Mark Janeba

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

The accident happened in 1999. There was extensive discussion in the
bike newsgroups at the time.

Quoted message said:

Nice to know that there's justice sometimes, though.

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Quoted message said:

[Extensive narrative snipped]

Quoted message said:

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent news,
then I understand, but if the settlement is 1999, why the posting today?)

Quoted message said:

Nice to know that there's justice sometimes, though.

The date of the INCEDENT. It was no accident, the term used in the report.

Jobst Brandt
[email hidden]

Tim McNamara said:

Mark Janeba said:

Quoted message said:

Steinwedel vs. Yuba Trucking Settlement: $5,000,000 Santa Clara
County Superior Court, Case No. CV762894 July 8, 1999 Bicycle /
Truck Accident

[Extensive narrative snipped]

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

The accident happened in 1999. There was extensive discussion in the
bike newsgroups at the time.

The accident happened in 1996. See, for example

http://www.svbcbikes.org/steinwedel.cgi

Dennis Ferguson

Carl Fogel said:

Quoted message said:

Quoted message said:

Steinwedel vs. Yuba Trucking
Settlement: $5,000,000
Santa Clara County Superior Court, Case No. CV762894
July 8, 1999
Bicycle / Truck Accident

Quoted message said:

Quoted message said:

[Extensive narrative snipped]

Quoted message said:

Quoted message said:

Jobst, is the July 1999 date the date of collision or the date of
settlement? (If the collision is 1999 and the settlement recent
news, then I understand, but if the settlement is 1999, why the
posting today?)

Quoted message said:

Quoted message said:

Nice to know that there's justice sometimes, though.

Quoted message said:

It's not clear even from the lawyer's description:

Quoted message said:

http://www.oreillylaw.com/personal_injury.htm

Quoted message said:

(Click on the "steinweidel" tab.)

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But this 1999 post::

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http://cycling.org/lists/av/archive/1999/1999-09/937719649000

Quoted message said:

mentions that Steinwedel was killed in December 1996 and the
driver was convicted of misdemeanor vehicular manslaughter
in September 1999.

Quoted message said:

And far down on the same page, a 1999 post says that:

Quoted message said:

"Yuba Trucking Co.'s insurance company recently paid $5 million to
settle a lawsuit brought by Steinwedel's widow."

Quoted message said:

Jobst has posted before on Steinwedel's death.

and I'm still unclear why this item appeared mow if it was settled in
1999. As you say, the whole thing is unclear. I didn't find the item
I posted, someone who knew I was interested in the outcome sent me the
URL.

Jobst Brandt
[email hidden]

Quoted message said:

[email hidden]

Quoted message said:

The amount of work they had to do
to convict this A-hole, would be well
worth the money.

"They" didn't convict him, a criminal court did. That's even more encouraging
than any monetary award because the driver's company's insurer will pay the
award. He has to do the time though.

Regards,
Bob Hunt

Quoted message said:

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

Instead of bankrupting the driver, they go after the deep pockets of the
company.
The American way.

In article <[email hidden]>,

(Hunrobe) said:

Quoted message said:

[email hidden]

Quoted message said:

The amount of work they had to do
to convict this A-hole, would be well
worth the money.

"They" didn't convict him, a criminal court did. That's even more encouraging
than any monetary award because the driver's company's insurer will pay the
award. He has to do the time though.

Regards,
Bob Hunt

It typicaly takes about 7 years for these cases to be settled. ( Appeal after
appeal ).

The insurance company may have to post the award with the court, but they don¹t
have to pay it to the plaintif until all appeals are settled.

Lawyers usually take 33 t0 50 percent in these type of cases.

HAND

--
³Freedom Is a Light for Which Many Have Died in Darkness³

- Tomb of the unknown - American Revolution

Quoted message said:

It typicaly takes about 7 years for these cases to be settled. ( Appeal after

appeal ).

The insurance company may have to post the award with the court, but they
don¹t
have to pay it to the plaintif until all appeals are settled.

If there was a $5,000,000 settlement, that is it. A settlement is when the
parties make their own private deal "settling" a civil suit. So the money is
paid and it is all over. There are no appeals in a settlement.

(Fx199) said:

Quoted message said:

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

Instead of bankrupting the driver, they go after the deep pockets of the
company.
The American way.

The logical way, since the driver in the performance of his duties was
acting as an agent for Yuba Trucking.

jeverett3<AT>earthlink<DOT>net http://home.earthlink.net/~jeverett3

John Everett said:

(Fx199) said:

Quoted message said:

Indeed. Too bad $5,000,000 can't return a life, though. I'm sure the
Steinwedel family would rather have him than the money.

Instead of bankrupting the driver, they go after the deep pockets of the
company.
The American way.

The logical way, since the driver in the performance of his duties was
acting as an agent for Yuba Trucking.

jeverett3<AT>earthlink<DOT>net http://home.earthlink.net/~jeverett3

So, the other poster wants them to go after the truck driver? Talk about
ruining a life! How could a truck driver pay $5mill?

--
Bob in CT
Remove ".x" to reply

Quoted message said:

"H. M. Leary" [email hidden]

Quoted message said:

It typicaly takes about 7 years for these cases to be settled. ( Appeal after

appeal ).

The insurance company may have to post the award with the court, but they
don¹t
have to pay it to the plaintif until all appeals are settled.

Lawyers usually take 33 t0 50 percent in these type of cases.

True but this was apparently a settlement not an award so no appeal will
follow. The 33 to 50% figures are fair enough *if* the attorneys bore the cost
of the research and litigation. Most attorneys I know are honest and their
charges fair. I've known one or two though that weren't above taking half of a
settlement as a fee and then trying to grab the bulk of the other half through
itemized charges for expert testimony and the like when they had purposely
allowed their clients to think that those expenses would come out of the law
firm's pocket. Thankfully, that type of attorney is the exception not the rule.

Regards,
Bob Hunt

Bob in CT said:

So, the other poster wants them to go after the truck driver? Talk about
ruining a life! How could a truck driver pay $5mill?

The difficult thing would be for him to do so from jail. He was convicted
of vehicular manslaughter.

Austin
--
I'm pedaling as fast as I durn well please!
There are no X characters in my address

Quoted message said:

[email hidden] (Fx199

Quoted message said:

Instead of bankrupting the driver, they go after the deep pockets of the
company.
The American way.

And the British way....
and the Canadian....
and the Australian...
and Indian...
and every other country whose laws have roots in English common law.

I've never understood why so many contemptuously term holding a company
responsible for it's employees actions "The American Way". The concept is a
good one and it is not limited to or even invented by Americans. Suppose some
part of your job performance caused one of your company's customers to lose
money. What remedy would you suggest? This is getting far afield for a cycling
NG though so I'll drop the issue.

Regards,
Bob Hunt

Quoted message said:

Quoted message said:

Quoted message said:

Instead of bankrupting the driver, they go after the deep pockets of

the

Quoted message said:

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company.
The American way.

Quoted message said:

Quoted message said:

The logical way, since the driver in the performance of his duties was
acting as an agent for Yuba Trucking.
jeverett3

Quoted message said:

So, the other poster wants them to go after the truck driver? Talk about
ruining a life! How could a truck driver pay $5mill?

Quoted message said:

Bob in CT

Nah, the other poster wants to slam Americans. It has nothing to do with
anything but the opportunity of a cheap shot against Americans.

Pat in TX

26 Aug 2004 07:25:05 GMT,
<[email hidden]>,

(Hunrobe) said:

"They" didn't convict him, a criminal court did. That's even more encouraging
than any monetary award because the driver's company's insurer will pay the
award.

What's discouraging is that it sounds like the lawyers had to get a
court order so that a proper forensic investigation would be done.

Quoted message said:

He has to do the time though.

The other guy's dead forever. This guy should never again be permitted
to drive.
--
zk