Driver kills cyclist, sues victim's family for damages
In 2004, 17-year-old Enaitz Iriondo was cycling after sunset near the town of Haro, in Spain. Spanish businessman Thomas Delgado, doing 100 MPH in his Audi A8, hit Iriondo, killing the teenager instantly. The Spanish court found both parties at fault: Iriondo for not wearing any reflective clothing in the dark nor a helmet, Delgado for doing triple-digit speeds. Delgado's insurance company then paid the Iriondo family €33,000 for the death of their son. Cased closed.Well, not exactly. See, Delgado's car suffered €10,000 in damage, and Delgado spent another €6,000 on rental cars while his was being repaired. So in 2006 he sued Iriondo's parents for €20,000 for his expenses -- and, we guess, a little extra for pain and emotional suffering. His rationale, according to an interview with Spanish newspaper El Pais: "I'm also a victim in all of this, you can't fix the lad's problems, but you can fix mine," and "It's the only way I have to claim my money back."
We don't know if we have the words to describe such an efficiently ruthless reasoning. For Iriondo's mother, Rosa Trinidad (pictured), "Before the lawsuit we thought the poor guy would find it hard to live the rest of his life with the thought of having caused our son's death. This was the final straw, a kick in the teeth." That will have to do for now. To say the least.
Thanks for the tip, Aki!
[Source: The Daily Mail]
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Reader Comments (Page 1 of 4)
Seoultrain 7:00PM (1/29/2008)
wow, I didn't know non-Americans could be so litigious.
But shouldn't Delgado's insurance cover the car's damage and rental?
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Brandon 7:03PM (1/29/2008)
May be that cheap ass A8 driver only had liability.
SOhp101 7:29PM (1/29/2008)
Yeah, sounds like he belongs in the US and not Spain.
Yes the guy should have worn reflective clothing/helmet, but 100mph on a road that's supposed to be shared with cyclists is completely inexcusable. This guy should be tried and found guilty of manslaughter, and the family should sue him in civil court.
Brn 7:37PM (1/29/2008)
"wow, I didn't know non-Americans could be so litigious."
Wow! American bashing on the very first post on an article about something that happened in Spain.
I don't know what country you live in, but my friends and neighbors are honest, intelligent, hard working people. I suspect yours are too.
Seoultrain 7:56PM (1/29/2008)
lol brn, that was actually meant to be a dis on Spain. I'm an American, and with all the ridicule that we get for stupid lawsuits, it was nice to see that it's not exclusive to the US. And while my friends and neighbors share those qualities you mention, part of being an honest American is acknowledging (and hopefully resolving) the problems that our country has.
Brn 8:05PM (1/29/2008)
Fair enough. I've just been a little sore lately as I continue to watch the lives of hard working people fall part because of what is often a misguided perception, based on a few. That wasn't your intention and I apologize for the attack.
B 8:39PM (1/29/2008)
ZOMG, twice in 2 days has somebody apologized in the autoblog comments.
Surely this must mean something greater...
but on another note, what an asshole. I probably dont know the whole story, but seeing that there was cyclists on the road it was probably a ground level street, not a highway, which makes 100mph even more suspect. I sure hope somebody serves this guy a swift kick in his genitals.
He is "fundamentally inept"
GT 11:31PM (1/29/2008)
sure he wasn't wearing protective gear, but THERE'S NOT LICENSE FOR IT driving cars however, is. Its basically a contact that says that the driver must drive defensively. I dont think that protective gear would help in a 100mph crash anyway.
Selfish little prick... the family should countersue for everything he's got...the A8 included
Seoultrain 1:23AM (1/30/2008)
Thanks, Brn. I wasn't offended at all by your post. It's hard to always discern the intended tone on a comments board.
Chaz 7:03PM (1/29/2008)
Absolutely atrocious.
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brian hague 10:21PM (1/29/2008)
Even 80's Camaro owners are less of a bulley than this!
3seriesisking 11:18PM (1/29/2008)
Agreed. Dude should really question his existence a little more.
Richard 7:07PM (1/29/2008)
Wow! So much for America being the leader in baseless and frivolous lawsuits. Perhaps John Edwards will move to Spain next week.
As a cyclist I feel this tragedy, but you need to be visible when you are out there.
As - in the words of David E. Davis Jr. - a motoring enthusiast, I also appreciate the tragedy: I can't imagine what it would feel like to kill someone with my car. In so far as suing for damage for my A8 ---get real dude!
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Richard 7:12PM (1/29/2008)
This is pretty insensitive, no question. As a cyclist myself, I certainly deplore this kind of behavior.
Still, one of the things that the cycling community is working towards is, basically, playing on a level field with cars. That also means doing things like following the rules, and taking the bad with the good (ie: you get the whole lane, but no running stop-signs).
And honestly... if Iriondo had been driving a car in the same manner (no lights at dark), or a motorcycle, he would be at least partially liable. So while its callous as hell, there is a kind of sense to it as well. And the parent's comments about Delgado having caused their son's death are glossing over the fact that he has some shared liability as well. The fact that the court found them both at fault backs this up.
Its tragic, and needless. But that doesn't automatically make whoever lived responsible for the whole mess.
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Brent 7:20PM (1/29/2008)
I've got a yellow jersey, a flashing light, and reflective shoes to save my life. (Of course, a quality helmet.)
Rob 8:04PM (1/29/2008)
As much as I hate to admit it,.. you are right. In your analogy of the cyclist driving a car instead,.. If he were driving a car instead of a bike, without any lights on during nighttime, you would be right - he'd also be at fault.
Nonetheless, that doesn't excuse triple digit speeds on a road that also serves bicycles.
Seminole 10:58PM (1/29/2008)
"That also means doing things like following the rules, and taking the bad with the good (ie: you get the whole lane, but no running stop-signs)."
Thank you Richard!
I can't even begin to tell you how many cyclists I see come up to a red light or a stop sign and just go right through it, sometimes without even slowing down. If you want to ride on the road, then you have to follow the rules of the road like everyone else. It's a shame the idiot cyclists outnumber the good ones like you and give off a negative image on cyclists.
Pat 8:09AM (1/30/2008)
"I can't even begin to tell you how many cyclists I see come up to a red light or a stop sign and just go right through it"
The same could be said about car drivers and pedestrians in some cities.
Drivers (no matter the means of locomotion) behave as badly or well as the local authorities allow them to.
Mallory 8:50AM (1/30/2008)
You guys are close. Cyclists want all the good that comes with sharing the road with cars but they don't want to be burdened with the bad like stopping at stop signs, obeying traffic signals, etc. I can't say that I've ever seen one of these jokers stop at a local stop sign and have almost been hit by these MF'ers more than once while trying to cross the street in a crosswalk. Ocassionally you'll see one of these idiots riding their toy down a major 6 lane thoroughfare during rush hour causing an amazing disruption, plus a few accidents I'm sure. And then they wonder why everyone hates bicyclists. Go figure.
mike m. 7:13PM (1/29/2008)
Wow, that man is an awful person. He kills their son and then makes them pay for the damages to his CAR??!! And 33,000 euros is only 48,731 US dollars. For the life of their son! No amount of money can bring back theri son, but they should be getting more than that!
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