Vac at own risk By Louise Kuo Habakus and Mary Holland, JD
'Imagine your child was hit by a reckless driver and catastrophically injured. Cognitive impairments, seizures, problems with walking, eating, talking – you name it. You find out who the driver was, and you sue the driver for damages – but you can only sue in a “special driving court.” Cases in this court usually take years, sometimes more than a decade. For ten years, you and your child struggle to make ends meet to pay for all the healthcare bills. Finally, the special court issues a ruling. Against the weight of the evidence, without affording you discovery or a jury of your peers, you lose. You’re out on your ear, even though the driver has a massive insurance policy for just such accidents.
You dust yourself off and sue the driver in a regular court, because you have that right by statute – and the regular court says, “No, the special court is good enough for you; no regular courts for those injured by reckless drivers.” So you appeal that decision to the court of appeals, and you lose; and then you appeal again to the U.S. Supreme Court, and you lose again. For almost twenty years, you’ve been fighting just to get fair compensation, only to learn that the Supreme Court would rather protect reckless drivers than your innocent child.'
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