Ben Rose says he was sitting in his apartment last week playing Fallout 4 when he was hit by a runaway Hyundai Sonata and badly injured. Wait, what?
As CBS’ local affiliate reports, the Irving man says he was in the middle of a Fallout 4 session on his Xbox One when the car, with an uninsured driver behind the wheel, drove straight through the wall of his apartment. Rose suffered a fractured vertebra and “sliced his Achilles tendon”.
Given what happened, his injuries could have been a lot worse, but Rose reckons that he was spared further damage by the fact he was sitting in a big comfy gaming chair.
“The chair is what saved me, without a doubt”, he told CBSDFW. “That took the impact. It pushed me out of the way. It kept me from going under the car.”
The cause of the accident was the fact “the driver accidentally hit the accelerator instead of the brakes when she was attempting to pull out of a parking space at the apartment complex.”
Comments
28 responses to “Guy Says He Was Hit By A Car While Playing Fallout 4”
How about that “special rolling gaming chair” eh?
He can also thank his lucky stars his hands weren’t injured — back into the Wasteland with you!
http://www.kotaku.com.au/2015/10/in-fallout-4-luck-is-important/
He has to pay the apartment repairs and hospital bills according to a news article. He’ll to the fuck no. It’s not his fault he was in the “safety” of his home when that dumb woman drove into him in his own property. She doesn’t even deserve a license if she can casually miss the brake and hit the accelerator instead
on top of that,
“Irving police said no charges will be filed against the driver of the vehicle that struck Rose.”
seriously america?
‘Murica
logged in just to say this.
Murica X2
That’s fundamentally unjust.
That shit don’t stick with me, but he is not suing her either to cover repairs and hospital expenses so she got off lucky
That’s not how it actually plays out though. I’m pretty sure what happens is that Rose is responsible for the bills/repairs because without insurance nobody is there to automatically jump in and take care of it. It’s the same as if I just smash your window and run. As the owner he has to take care of it and pay all the expenses (in this case it’s an apartment so it’s doubtful that he would be allowed to just leave it). However right away he’s allowed to take legal action against her.
So it’s one of those things where on paper she gets away with it for about an hour as the processes that will eventually hold her responsible begin to kick in. It’s obviously way worse for Rose than if she had of just had the insurance she was meant to, but it’s not quite the ‘she can just walk away laughing’ picture the quoted statements paints. With any luck his friends efforts will allow him to move through the hardest part, and then he’ll be able to repay them when it’s all finally resolved (hopefully without ruining her life either).
Also worth noting is that it’s the Irving Police Department’s best guess is that she mistook the accelerator for the break. I’d say there is a good chance that’s what happened based on the fact they’re willing to say it, but there’s a reason why they aren’t stating it as fact.
[Edit: Just noticed he’s renting. Which I guess still makes sense, although I would have expected the landlord to have enough insurance to take care of it in the short term.]
For this to be useful requires one of three things:
(1) She’s a fairly nice person who is willing to give him the money he needs without being sued, and actually has enough money to be able to do so, even though she just wrote off her car.
(2) She’s rich enough to afford her legal fees, his legal fees and whatever money is needed for repairs and medical bills. Factor into this that she just lost a major asset (her car) which probably had an outstanding loan.
(3) She’s in a state which allows a third party with sufficient assets and partial fault to be sued. There are such places, but not very many these days. (This would allow him to sue, for example, the owner of the building he’s renting for insufficiently barricading the home against traffic.)
Since the lawyers always get paid (if they can’t be sure of payment, they won’t take the case, and this case certainly looks like a lost cause) option (2) requires her to be moderately wealthy.
I’m guessing that she isn’t rich enough to be worth suing and that the other two possibilities are also off the table.
Sucks to live in a country without compulsory third party insurance for motorists… it’s exactly this sort of circumstance that CTP is there to cover.
True, but that’s not the same as the total system failure the article paints where she gets to just walk away leaving him with the bill. This is bad for everyone involved. She really screwed up on the insurance front. I’m not denying any of that. I just think the way the articles are focused makes it seem like she derped her way through his lounge room wall and doesn’t have to face any consequences. Everyone involved is paying for this, unfortunately.
I’m actually sort of curious as to how this is his fault though. He didn’t do anything to damage the apartment. The police have records of what caused the property damage. So why isn’t this between the owner and the driver? I can understand the medical bills (well I can’t, but health insurance is a totally different mess) but this seems like it should be screwing the property owner rather than the occupier.
The article says almost nothing about the driver except that it was believed to be an accident, that she isn’t insured and that she won’t be charged. She’s certainly gotten off lightly.
It also doesn’t say anything about it being his fault, just that he’s stuck with the bills. That’s certainly not fair, but if nobody else is paying them he probably has no alternative. The article doesn’t say which bills he’s stuck with; if he’s renting, repairs to the unit will almost certainly be covered by the landlord (or HIS insurance policy).
There are three parties involved; the driver (who is probably too poor to pay anything), Rose (who has to cover his medical bills because the driver was uninsured) and the owner (who probably IS insured, but may have trouble getting his insurance company to pay when there is a clear other person at fault).
All of them are likely getting screwed over, but it’s only the driver who really deserves it – in the sense that a moment’s carelessness can ruin your life.
The baseline problem is that there isn’t some form of compulsory third party insurance as there is in Australia. However, this being the USA, making anything compulsory is tricky – even when it’s associated with something that is a privilege rather than a right (i.e. driving). Insurance IS compulsory in many US states – but not all.
Surely the driver is responsible for the damages. I need to read the article.
“Guy says he was hit by a car”
No, he was hit by a car. It clearly came through the wall of his home. It’s not nearly as perplexing a scenario as your “wait, what?” Would imply.
I dunno man, that big car-shaped hole in the wall could have been made by anything.
There is absolutely nothing to prove it… and just ignore that Hyundai sitting in his living room 😛
Yeah, I was waiting for the twist after reading the headline. Like he was claiming to have been hit by a car even though he was streaming Fallout 4 to a huge audience at the time, or he got injured by an in-game car somehow, tweeted it because it was some weird glitch, and someone sent an actual ambulance. It’s a really odd way to present such a straight forward article.
I’d say it would refer to ‘while playing Fallout 4’ more than being hit by a car. That part is obvious, but he might’ve been playing something else or just watching TV. Though why someone would lie about that, I don’t know…. Maybe he was watching porn? haha.
I feel sorry for the car.
Times like this im glad I live on the 10th floor, I only have to worry about AeroMobil messing up my day
I bet he had just enough time for an alt tab but not enough available hands for a quick Ctrl F4….
“the driver accidentally hit the accelerator instead of the brakes when she was attempting to pull out of a parking space at the apartment complex”
Would have had to hit that accelerator pretty freaking hard to go into someone’s home, especially if she was pulling OUT of the parking space.
Who wants to bet she also had the handbrake on and was confused about why her wheels were smoking.
I bet he saved his game before he got up to see what happened… :p
From the looks of it, it doesn’t look like he was hit by a car going for a run/walk/ride/anything that involes physical activity.
How astute and hilarious of you.
The owner of th property would have to pay for damages, not the tenant.
It is true, the wasteland leads to obesity.