Family of boy killed on bike at FW suing WDW

[thegoofyfamily]

Tragic. Sleazebag lawyers got involved and are preying on this family. So very sorry for their loss, but like PP's have said, the bus driver is living a hell of their own. We live in a litigious society and Disney knew this was coming. They are insured for it. They will settle.

My husband works for a very reputable car manufacturer that had similar issues earlier this year with "unintended acceleration" and "sticky gas pedals." Lawyers got involved and the smell of money was wafting in the air. Years ago, some people tragically died and sued this company saying the car was at fault. The court system determined it was driver error. More recently, there was a big drama about it in the press and the feds have turned the case over to NASA because they can't find any proof that it was the manufacturer's fault.

Between the lawyers and the press, it will cost Disney even if a court rules that it was not the bus driver, nor Disney's fault. I imagine if it's gotten to this point, an offer was probably made to this family for a certain sum and it was rejected so that the attorney can go after the motherlode.

May that little boy rest in peace and the bus driver eventually find some.

 

[Todd Packer]

May that little boy rest in peace and the bus driver eventually find some.

Very Well Said!

 

[MineMail]

Don't you wish that therapists had the same ability to reach out and touch people as lawyers? There are a lot of unnecessary lawsuits that result from misplaced feelings of anger and guilt.

If the parents get a dime out of Disney, the driver should sue them for the trauma he no doubt went through, especially since they're now accusing him of being at fault.

 

[thegoofyfamily]

Don't you wish that therapists had the same ability to reach out and touch people as lawyers? There are a lot of unnecessary lawsuits that result from misplaced feelings of anger and guilt.

If the parents get a dime out of Disney, the driver should sue them for the trauma he no doubt went through, especially since they're now accusing him of being at fault.

I just got chills from your first sentence. So very true.

 

[SandrA9810]

Disney keeps accurate records of a person on the clock at Disney. And bus drivers have one of the strictest union contracts there are. I doubt the bus driver was overworked.

Although, I'm sure as many times as it's happened before, Disney will pay under the table to keep it from going to court. Like one person said before, the parent's would probably go through the grief ten times more going through court. And then they'll wish they just let it be as an accident.

 

[caveat lector]

That poor family went to Disneyworld expecting to make wonderful memories and have a great time together. They went home CHILDLESS. I think at this point the suit is about getting Disney to stop denying any responsibility for the accident; and to require Disney to at least take some small preventitive measure (ex. a guard rail) along that tricky stretch on the bike path in their child's memory.
Were the parents neglectful? Perhaps. However, at Ft Wilderness it's easy to get swept up in the feeling that you are in a very special, safe, child santuary where everyone is safe and having fun. And the little boy was't that young... Alot of people regularly let younger children ride their bikes around with friends/cousins at Ft Wilderness.
So I think it's mean to be bashing these parents. They've been hurt enough already. Whatever Disney ends up giving them is nothing compared to what they've lost. I think Disney should show a bit of compassion now and then instead of hiding behind their large team of attorneys when they're right and when their wrong.

That's exactly the point. Even when (fill in the name of any large corp) is right, they are forced to "hide" behind attorneys or "do the math" and see if it is just cheaper to pay. It's truly sad that accidents happen (especially when a kid is involved), but it's part of life. Even if you forced everyone everywhere to put up handrails along every inch of street/side road/highway/pathway/etc., accidents would still happen.

I hope I never am the parent of a child involved in accident, the child of a parent involved in accident, the operator of vehicle involved ina an accident, or an innocent bystander that witnesses such an accident. Is that realistic......nope......but I can still hope.

 

[SandrA9810]

Out here in Dallas, there's an elementary school right along a busy highway. Since all the students fall within the 2 mile range, there are no buses. But the kids have to walk along the highway with a posted speed limit of 50mph. The sidewalk is already 8 feet wide, but parent's are up in arms about the fact that the side walk butts up next to the edge of the road. And kids are riding too close to the edge. They either want buses for the kids or guard rails put in place along the sidewalk. Common sense tells me just to extend the school zone back. And there haven't been any accidents since the opening of the school.

 

[auntie]

I really try not to judge motives in these types of situations, but in my experience it's just possible..the parents are not suing for the money. Hear me out.
They know better than anyone that no amount of money is gonna bring their boy back. As far as reliving it..well, they live it every day. Perhaps it's their hope to enact a change in FW that they truly believe would have prevented their childs death. Maybe..just maybe..they are courageous people who want to see this change made so that their childs death won't have been in vain.
There have been those here that have stated that indeed this particular area of sidewalk is perhaps..(?)..a bit too close to the road for comfort.
A child could easily become intimidated by a huge bus driving past, panic and loose control of his bike. Whether or not his family was with him, in my opinion makes no difference. This could have just as easily have happened to an adult who had a flat on their bike. Given that FW is, in fact, a campground where biking is quite common place... shouldn't this family have had a reasonable expectation that it's roadways, and sidewalks are safe and condusive to those who use them?
Something else to consider is that bus transportation was not always the norm in FW. As when the resort was originally designed it was the slower..open air trams that navigated and transported guests to and fro. Maybe..just maybe...there do need to be some changes made to the sidewalks or roadways that reflect the increase in transporation by both Disney and it's guests.
Unfortunately...usually the only way things like this are explored are because of an accident, which in this case sadly resulted in the loss of little boy.

My two cents..(and we all know what that's worth.)

 

[John VN]

IMO, this particular area is most definitely in need of a barrier separating the road and sidewalk. It is not the only area that needs such a device.

I applaud the family for bring this action IF their intentions are focused on forcing Disney to make these safety changes. If they also happen to receive a monitary award, then so be it.

 

[ILoveDisney&Cruising]

With so many people going in and out of the Disney property on a daily basis there is no way I would for a minute let my children go off without adult supervision. Heck, I do not even let mine go to the bathrooms in the Fort without me or hubby. (And my oldest is almost 14 and very responsible.)

Amen and Amen! I completely agree 110%

My kids are 12 & 13 and there is NO way they're going to run around the Fort unsupervised. And the bathhouses - pssssh - forgetaboutit.

The same rules apply at any other campground ... or at home (trips to the mall, etc) for that matter!

Still, I hope the family AND the bus driver are all able to find peace. Such a tragedy for everyone involved.

 

[2goofycampers]

I really try not to judge motives in these types of situations, but in my experience it's just possible..the parents are not suing for the money. Here me out.
They know better than anyone that no amount of money is gonna bring their boy back. As far as reliving it..well, they live it every day. Perhaps it's their hope to enact a change in FW that they truly believe would have prevented their childs death. Maybe..just maybe..they are courageous people who want to see this change made so that their childs death won't have been in vain.
There have been those here that have stated that indeed this particular area of sidewalk is perhaps..(?)..a bit too close to the road for comfort.
A child could easily become intimidated by a huge bus driving past, panic and loose control of his bike. Whether or not his family was with him, in my opinion makes no difference. This could have just as easily have happened to an adult who had a flat on their bike. Given that FW is, in fact, a campground where biking is quite common place... shouldn't this family have had a reasonable expectation that it's roadways, and sidewalks are safe and condusive to those who use them?
Something else to consider is that bus transportation was not always the norm in FW. As when the resort was originally designed it was the slower..open air trams that navigated and transported guests to and fro. Maybe..just maybe...there do need to be some changes made to the sidewalks or roadways that reflect the increase in transporation by both Disney and it's guests.
Unfortunately...usually the only way things like this are explored are because of an accident, which in this case sadly resulted in the loss of little boy.

My two cents..(and we all know what that's worth.)

If this is the case, if they get some $, they should donate it. Time will tell.

 

[big kahuna1]

When anyone tells you it is not about the money they are simply blowing smoke up your rear. Plain and simple...it is about the money or there would be no law suit.

The sideWALK has been safe for how many years for how many bikers and walkers? Vitually every sideWalk in every City butts against or within a foot or two of major roadways.

The Child simply lost control of his bike just as a bus happened to be traveling by and a tragedy happened. It was simply an accident with a tragic ending and should be accepted as such. Disney, the bus driver nor the sideWALK are to blame.

This will more than likely be settled out of court as it is cheaper to do so and the attorney bringing the suit knows this. I see it almost every day. Another miscarriage of our contingency fee system.

 

[TOGA]

Sad for their loss. Can't imagine losing one of my kids.

 

[auntie]

Simply because something was thought to be safe doesn't mean circumstances haven't changed or evolved over all these years that still make it such. Sometimes it takes a horrible accident like this to force a company into re-evaluating it's practices.

How many here have complained repeatidly about the reckless use of the golf carts..to no avail. Obviously,.. no changes have been implemented. Time and time again, I've seen it written here, that this too, is an accident waiting to happen.

How do we know that there haven't been guests who have complained to Disney in the past regarding a close call they've had on that
very path.
I'm just saying there are a lot of "unknowns" out there, and we shouldn't be so quick to judge.
...and yes, that is what you hire a lawyer for. They also get paid. So does every one else who does a job. Not every lawyer is pond scum. There are good and bad in every profession, and I'm familiar with them both. I'm also pretty darn sure Disney's got their share of them.

Of course, it was a horrible accident. I don't blame the driver, as it doesn't appear on the outset that he was reckless. Perhaps, though the design of the roadway contributed to the horrible "accident". I think that's worth exploring. Ideally, no child or adult camper should be able to ride within
close enough proximity to a bus so as to be pulled under...while on the sidewalk.
I do feel as a resort guest and as a parent...you have a 'reasonable expection" of safety, in allowing your 8 year old child is to ride on the sidewalk without you. It does not consititute neglect or bad parenting. If so, I must be a terrible parent. I admit, I have allowed my kids to bike ride through campgrounds while my husband and I are setting up. I can almost guess the last words out of this mother's mouth to her child were "make sure you stay on the sidewalk"...with again..what I believe is a reasonable expectation that staying on sidewalk is safe for an eight year old. Maybe he was with an older sibling..or friends, which, as I recall he was.
An attorney is going to explore every possible aspect of this. Disney isn't going to police itself. It's not gonna happen. It's pretty well known that
in the past when deaths have occured on Disney property they disturb what in your town or mine would be considered a crime scene until it's actually cleared of being so by law enforcement. These parents can't do this themselves...so they hired a lawyer.
Maybe they'll get some money. Maybe they even need it. Maybe it will help take care of their kids because they can't work any longer or put one foot in front of the other so as to get out of bed, because they have their kid in the ground, and not at the kitchen table. Maybe Disney will re-evaluate the FW roadways which were originally designed for the slower open air trams to navigate and implement some changes that make all our kids and grandkids safer in the future. SO when one says...."ma, can I ride my bike.." the parent can say.."sure go ahead, stay on the sidewalk" Not "wait..let me tie a rope around you so if a bus passes by, I can yank you from underneath the wheels in the nick of time". Please...

 

[big kahuna1]

The problem is he did NOT STAYon the sideWALK. He lost control of his bike and hit the side of the bus as it was passing and then got sucked under the bus (this is just terminology used to indicate he went under the bus and was run over by the rear tires.) The bus did not actually suck the child from the sideWALK. The child veered OFF the sidewalk and hit the bus and was then run over by the bus.

 

[Bourquefam]

We don't know exactly what happened. None of us were there and there were conflicting statements made by witnesses on the bus vs. witnesses on the ground. And I experienced firsthand the "sucking" sensation while walking that stretch---there was a whoosh (much the same as what happens on the interstate when you're in a small car and an 18 wheeler blows past) as the bus passed and to top it off I hadn't even heard the bus approaching. Maybe I was too caught up in the excitement of being at Disney and wasn't paying enough attention, but it happened to me (while WALKing) and scared me sooo much that I told my husband about it when I returned to our campsite. That was 6 days before the accident!!! I didn't report my experience to Disney and say, "Wow, why isn't there a guardrail there?" I should have. Instead, I just pointed it out to my husband and said, "Avoid that area all together, it's dangerous." Is that what everyone should do??? Just avoid that area? Or just say to ourselves, "it only happened once and that kid it happened to had a flat tire, was riding alone and he drove into the side of the bus. THAT won't happen to ME!!" What's the big stinkin' deal about making something BETTER than it is now???? Why is that so hard for some of you to swallow a little change for the better????

I agree wholeheartedly w/ Auntie. Might not be the popular opinion, but it's mine nonetheless. Some people are so dang quick to jump on their soapboxes and have tunnel vision. There's a LOT of variables here. Let's all try to remember that.

P.S. Happy Friday everyone! I hope you all have magical days no matter where you are or what your opinion is on all of this!!!!

 

[Soladaddy]

This is another reason we "take the lane" and ride in the road. Our family has had several minor bike accidents and every one of them was on a sidewalk. I will have the family get out in the road (at the fort) and traffic behind us will have to drive 10 vs 15 mph. The laws here give a bike the same rights to the road as any other vehicle. Of course, they need to ride responsibly and follow the laws.
We will let the kids ride alone in the loop, but they are not hitting the main roads without a parent.

 

[caveat lector]

........Some people are so dang quick to jump on their soapboxes and have tunnel vision....

Don't condemn others soapboxes, while standing on your own.

 

[Bourquefam]

Thank you for pointing that out. It's important that we all be able to look at things from a point of view other than our own and embrace change when it is for the better for all involved.

 

[John VN]

....Even if you forced everyone everywhere to put up handrails along every inch of street/side road/highway/pathway/etc., accidents would still happen.....

During my 88 mile bicycle ride this AM, the group I road with hit speeds of 32mph while pace-lining. When we are only inches apart from each other it is paramount we stay aware to the nth degree of the control of our own bicycle and those in front of us..

When bicycling in FW I have seen many an individual riding the bicycle erratically. Lots of handlebar movement resulting in zig-zagging. When operating a bicycle this way it is very easy to wander off the sidewalk and into the grass resulting in a loss of control by both adults and children.

I feel that the areas where the sidewalk is in close proximity to the road would be a good place to have a railing that would prevent the accidental entrance on to the roadway at an inopportune time.

FW is a fun place to be and it would not cost Disney and excessive amount of $$$$ to make it safer.

JMO. Thank you.