Story behind the story

This article, like others, and those going around Facebook, with headlines such as "Driver sues boy she struck and killed".

I have had enough experience not to jump to the expected reaction of "How horrible". I wondered if she was suing in return for being sued, which is indeed what appears to be happening. I first checked Snopes, to make sure it wasn't just another urban myth. Then I did a search, and found several stories about it. The Daily Mail is known for its sensationlism, which is evident in the headlines and the beginning of the article, but they do eventually report on some other aspects of the situation.

I wasn't there and don't know the facts.

I do know that bicyclists are hard to see at night, and even if they have reflectors, they are visible from far enough away.

http://www.dailymail.co.uk/news/article-2613923/She-trying-profit-grief-Family-teenager-killed-riding-bike-sued-driver-ran-him.html

Family of teenager killed while riding his bike are being SUED for $1.35MILLION by the driver who ran into him

Sharlene Simon is seeking $1.35 million from estate of Brandon Majewski and the two 16-year-olds she injured

She claims she suffered emotional trauma after hitting Brandon and two of his friends as they cycled down a road
42-year-old did not face charges over the collision

ByJessica Jerreat
Published: 13:41 EST, 26 April 2014 | Updated: 08:21 EST, 27 April 2014

A Canadian family whose 17-year-old son was knocked off his bike and killed in 2012 were shocked to discover the driver who hit him plans to sue for $1.35 million.

Brandon Majewski had been cycling along a road near his Alcona home with two friends when Sharlene Simon hit them with her SUV, injuring two of them and killing Brandon.

Now the 42-year-old is suing Brandon's estate and the 16-year-olds she injured over claims she has suffered emotional trauma, and alleging that the friends were negligent.

The mother-of-three ran into the back of the friends at about 1.30am on October 28, 2012, as they returning home from a coffee shop.

She is seeking damages from Brandon's parents, Derek Majewski and Venetta Mlynczyk, as well as from Richard McLean, who broke his pelvis after being hit by her car, and Jake Roberts, who was also knocked from his bike.

According to the lawsuit filed at an Ontario court in December, Ms Simon 'sustained and will sustain great pain and suffering her enjoyment of life has been and will be lessened'.

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She alleged that the friends had been negligent, claiming: 'They did not apply their brakes properly. They were incompetent bicyclists.'

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'Unfortunately, the cyclists were not riding in a careful and prudent manner. They were riding in the middle of an unlit road at 1:30am,' Mr Ellis said.

'Their bicycles were not properly illuminated, nor did they have the proper reflectors. An independent accident reconstruction completed by law enforcement officials found that there was nothing Ms Simon could have done to avoid the collision.'

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He [Brandon's father] added that the bikes all were fitted with reflectors that would have been visible.

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Family lawyer Mr Cameron has made a routine lawsuit against Ms Simon to recoup medical and funeral costs on behalf of the victims and their families.

He alleges Simon was speeding and may have been intoxicated and talking on her cellphone. A police report showed she was going at 90km per hour in an 80 zone.

'Sharlene Simon failed to take reasonable care to avoid a collision which she saw or should have seen was likely to occur,' his claim states. 'She operated the motor vehicle while she was intoxicated.'

None of the allegations have been tested in court. Ms Simon was not breathalyzed at the scene.