Hulk Hogan is sued over his son's car crash

[Novice]

Originally Posted by Aella

What's the basis for this? I mean, obviously, he's the one with the MONEY, but legal basis? He wasn't driving, wasn't even present, and his son is a legal adult.

18 is the age of majority in Florida; the son was 17.

Originally Posted by Dixie Normos

^fair enough, but the Hulk wasn't there either and is in no way responsible for the dumb things his son and son's best friend got up to, ESPECIALLY at the age of 17.

While I believe that the son is held criminally responsible for his (own) illegal behaviour (due to juvi laws, age of criminal responsibility, etc) the parents are legally responsible for all other matters
.
Its like someone under the age of majority can't make a contract (in the UK, at least); therefore the parents might not have been there but are responsible for their child's behaviour. This is probably why the child isn't being sued.

I hope this makes sense, I have a head cold & everything is fuzzy....

[Dixie Normos]

^It makes sense, but I think driving laws are different. His Dad might not have been the one to teach him how to drive, a lot of highschools that have driver's ed. Also insurance is supposed to pay out for auto accidents...not the drivers (or their parents for that matter).

[Folieadeux]

There is an element of contributory negligence. The guy should have been wearing a seatbelt - but even when you don't wear a seat belt there is no guarantee there will be an accident, therefore the risk maximized there would be an accident when that d'head Nick started racing/speeding.

I thought I read on TMZ the claim went after Linda, Holk and Nick... In the claim didn't they say that Hulk provided the boys with alcohol?

[Novice]

Originally Posted by Dixie Normos

^It makes sense, but I think driving laws are different. His Dad might not have been the one to teach him how to drive, a lot of highschools that have driver's ed. Also insurance is supposed to pay out for auto accidents...not the drivers (or their parents for that matter).

LOL! I don't know I'm just pontificating.. opps.. theorising....
I know that I was sued when I hit a pedestrian (despite the fact he was so pissed he could hardly stand & ran into the path of my braking car. Oh and he wrote my car off! Did I get compensation? Did I hell!) and I'm old & have LOTS of insurance... I have legal cover as well, so my insurance company handled it all. However, are the family suing in a civil court? Because don't they just go after the bod with the cash (e.g. Brandi & that woman that died; it was a 4 car shunt but only she was sued)??

Originally Posted by CCkissesx

I thought I read on TMZ the claim went after Linda, Holk and Nick... In the claim didn't they say that Hulk provided the boys with alcohol?

he's screwed then!

[sparkly]

Originally Posted by Aella

What's the basis for this? I mean, obviously, he's the one with the MONEY, but legal basis? He wasn't driving, wasn't even present, and his son is a legal adult.

Actually, Hulk Hogan is being sued because the car was registered in HIS name, not his sons' name. Plus, there are pictures floating about, showing Hulk Hogan giving minors beer and liquor earlier on the day of the crash, including his son. The pics were taken on a boat, that's all I remember. Graziano wasn't wearing his seat belt, but it's illegal to drag race in the state of FL, and since the car is registered in the father's name and his son was only 17, I can definitely see why a lawsuit would be brought forth.

[stef]

Originally Posted by NicoleWasHere

Another unfortunate case of the spoiled child getting away with it, and the parent get's a slap on the wrist... Nick's an adult, otherwise he's pretty damned close to it, HE was the one drivingthe car, HE should be held responsible!

i totally agree nicole.

[Aella]

Originally Posted by sparkly

Actually, Hulk Hogan is being sued because the car was registered in HIS name, not his sons' name. Plus, there are pictures floating about, showing Hulk Hogan giving minors beer and liquor earlier on the day of the crash, including his son. The pics were taken on a boat, that's all I remember. Graziano wasn't wearing his seat belt, but it's illegal to drag race in the state of FL, and since the car is registered in the father's name and his son was only 17, I can definitely see why a lawsuit would be brought forth.

Ah, thanks for the explanation, that makes more sense.

[GoldDust77]

As Sparkly, Novice, & others have pointed out, Hulk Hogan is being sued simply because A) You can't sue a minor & Nick is only 17, and B) Quite simply, you sue the person who owns the car in which the accident occurred. (I'm a Personal Injury Paralegal specializing in auto accident cases.--just for explanation, not to "toot my own horn")

As for all the people who are all like, "It's John Graziano's fault; he chose not to wear a seatbelt.", i am surprised that so many people feel this way. I personally think that yes, he was dumb not to wear a seatbelt BUT it is a FAR bigger issue that Nick was RACING the car at a RIDICULOUSLY HIGH SPEED. Anytime you get in a car with someone who has a valid drivers license, you have the right to reasonably assume that that person will operate their vehicle in a safe-as-possible, non-reckless way. What if John thought they were just going for a 1 or 2 mile trip to the supermarket or something (i'm sure there are at least some people on this forum who, at least one time or another, didn't put on their seatbelt for such quick little trips on non-highway roads), and having survived combat in the Iraq War (and No i'm not trying to drum up sympathy "just because he's a war vet"; i'm just saying that after surviving such an ordeal, it CAN affect your psyche in such a manner), John didn't think that not clicking his seatbelt on would survive in his becoming a vegetable in a twisted wreck?? What if he was begging Nick to slow the f*ck down??

I know here in New Hampshire, the law only states that people under 16 must wear seatbelts....My best friend REFUSES to wear a seatbelt.--Says he finds them "uncomfortable". It bothers me that he does not wear a seatbelt while being a passenger in my car, but, with the law stating he does not have to wear one, there is not much i can do to force him to wear it, if i want him to ride with me in my car. And even though he does not wear his seatbelt, he is still entrusting that (maybe we'll get in a fender-bender, but) we will NOT end up crashing into a tree after going 100 miles an hour+ on a city street!! --and he has the right to trust that i will not get us into a wreck of that magnitude.

We just don't know the circumstances of the crash because John Graziano can't talk. Do we even know John's seatbelt was working properly? In a twisted mangled piece of metal that that car turned out to be, i don't know that it would be possible to ever find out. (I know the chances of that are very slim, but you never know. I've seen some WEIRD things happen in the cases i've handled.) Nick Bollea (the little shit that he is) is not exactly going to come out & admit that John's seatbelt wasn't working, if that was the case. He's already come out & tried to blame his friend for his horrible medical condition, on the basis that he "chose not to wear a seatbelt". So i know i personally don't/wouldn't believe a word that comes out of Nick's mouth as far as evidence.

My point is, in my humble opinion i just REALLY think that, even though John wasn't wearing his seatbelt, that the blame for this horrible accident rests on NICK'S SHOULDERS BECAUSE HE WAS THE ONE DRIVING THE CAR AT THAT RIDICULOUS SPEED WHEN IT CRASHED. JMO

[Sweetie]

^John knew Nick had been drinking though. It's his own responsiblity to look after himself. If I pulled up to a light, with a known racer, and saw what he was getting ready to do I would ask to be put out. I am just about sure John knew and was okay with the racing of the car himself. He was just the unlucky one that got hurt. I don't think this guy was as innocent and as naive as everyone wants to think.

(I am a paralegal too and I HATE PI cases with a passion.)

[Trixie]

Originally Posted by Dixie Normos

Also insurance is supposed to pay out for auto accidents...not the drivers (or their parents for that matter).

True...the insurance company will provide legal defense and pay any claims/judgments up to the dollar limit of the policy. But, if the award is more than the policy limit, the plaintiffs can go after personal assets to satisfy the judgment.