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Traffic Justice

Sidewalk-Jumping Driver Claims Children He Hurt Were “Reckless”

This fall, 90-year-old Edward Nelson lost control of his vehicle, jumped the curb, and pinned two six-year-old twins against a wall with his BMW SUV in Menlo Park, California.

Collision scene: In October a 90-year-old driver struck three boys walking on the sidewalk in Menlo Park, California. Now the driver claims the boys were behaving "recklessly." Image: ##http://www.paloaltoonline.com/news/2013/12/31/driver-responds-to-lawsuit-over-menlo-park-crash-that-injured-6-year-old-twins## Palo Alto Online##
Collision scene: In October a 90-year-old driver struck three boys walking on the sidewalk in Menlo Park, California. Now the driver claims the boys were behaving "recklessly." Image: ##http://www.paloaltoonline.com/news/2013/12/31/driver-responds-to-lawsuit-over-menlo-park-crash-that-injured-6-year-old-twins## Palo Alto Online##
Collision scene: In October a 90-year-old driver struck three boys walking on the sidewalk in Menlo Park, California. Now the driver claims the boys were behaving "recklessly." Image: ##http://www.paloaltoonline.com/news/2013/12/31/driver-responds-to-lawsuit-over-menlo-park-crash-that-injured-6-year-old-twins## Palo Alto Online##

One of the twin brothers suffered a broken arm. The other was hospitalized in critical condition; he wasn't released from the hospital until five weeks and multiple surgeries later. A third brother, 9 years old, was also injured in the collision.

Perhaps you would expect Nelson to be ashamed? Beg the family for forgiveness? Not so much.

In response to a lawsuit from the family, Nelson's attorney has accused the boys of "reckless, careless and negligent" behavior. According to The Almanac, the family is seeking damages from Nelson, a retired attorney, for the injuries and emotional trauma the boys suffered. Some of the injuries may be permanent, they say.

Nelson's attorney claims the boys, "knowing the probable consequences thereof, placed themselves in a position of danger." And that the family failed to "reasonably mitigate" damages they sustained.

Meanwhile, The Almanac reports, Nelson’s license was confiscated after the crash and he was ordered to undergo an examination with the DMV. The Almanac reports that he only faces “a possible infraction” from local law enforcement since he was not intoxicated and his license was valid.

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