Count to 10, then take a deep breath

Usually I let Matt handle the rants in our household. But today, I’m taking the reins and spouting off. It’s my blog, and I can rant if I want to…

According to a New York Times article, Dean Hancock, father of Josh Hancock (pitcher for the St. Louis Cardinals who was killed in a car accident on April 29), has filed suit against the restaurant where his son purchased drinks prior to getting behind the wheel of his car and slamming into a tow truck. Also named in the suit are the tow truck company and the driver of the stalled car the tow truck was assisting. Hancock’s attorney claims that Josh Hancock was “never without a drink” from the time he entered the restaurant until 3 1/2 hours later when he left. He also asserts that the driver of the stalled car was negligent because he allowed “his vehicle to reach the point where it stalled on the highway, and for failing to move it out of the way of oncoming traffic.” Additionally, the tow truck driver was negligent because after being on the scene of the stalled car for anywhere from 5-7 minutes to 15 minutes (an “exhorbitant amount of time”, according to Hancock’s attorney) he had failed to move the stalled car. The article also states that others “could be added” to the suit – opening the possibility that the St. Louis cardinals and Major League Baseball could be named as defendants in the future.

ARE YOU KIDDING ME?????

Before I go any further, let me first state that I am in no way diminishing the pain and trauma that Josh Hancock’s family is enduring. The pain of losing a child is the greatest emotional devastation I can possibly imagine, regardless of how old that child is. And then to have that pain exposed on national television, reiterated ad nauseum on sports talk shows, replayed ad infinitum on tv newscasts and sports specials only serves to freshen the wounds. I extend to Josh’s family my deepest sympathies and hope that they can find their way through the endless process of grieving their loss.
My problem – and therefore my rant – stems from the lack of any personal responsibility, the absolution of Josh Hancock and the choices he made. His death was 100% preventable, by his own choice. He chose to remain in that restaurant for 3 1/2 hours. He chose to drink the alcoholic beverages – and probably requested most of them – while he was there. He chose to refuse the help of the waitress who wanted to call a cab for him, knowing he was intoxicated and should not be driving. He chose to get behind the wheel of his car. He chose not to fasten his seat belt. He chose to disregard the speed limit. He chose to be talking on his cell phone. And – oh yeah – he chose to have marijuana in his car. His blood alcohol content was nearly twice the legal limit. But if we’re to believe this lawsuit, Josh Hancock was not responsible for those choices.

A 29-year old is, in the eyes of the law, responsible enough to purchase and consume alcoholic beverages. Yet Hancock’s dad would have us believe that the restaurant owners should have served as surrogate parents, monitoring Hancock’s alcoholic consumption and letting him know when he’d “had enough.” A 29-year old is, in the eyes of the law, skilled enough to operate a motor vehicle at nighttime, despite the potential dangers, risks, and hazards that driving entails. Yet Hancock’s dad would have us believe that a driver of a stalled car must, regardless of circumstances and risk of personal injury, find a way to get the car off the road. And tow truck drivers should not be “good samaritans”. And 15 minutes to hook up a stalled car is “exhorbitant.” Did Josh Hancock have flares, warning signs, or other deterrents in his car in case he stalled out swerving to avoid another car?

I realize I’m probably being harsh. I mean, personal responsibility is so overrated. We are all victims of someone or something else. Nothing is really “our” fault. So in the interest of being helpful, I offer to Mr. Hancock the following list of others he might want to name in his lawsuit:

the manufacturer/brewer of the alcoholic beverages Josh consumed, for making them taste so darn good

the locksmith who made the key used to start the car, for making it so dadgum effective

the maker of the car, for allowing it to drive fast, and for not having sensors to know poor little Joshie was intoxicated and shouldn’t be driving it
the highway department, for making a road that apparently wasn’t big enough for Josh to swerve out of the way

oh, and let’s not forget the police, for making Josh appear to be culpable. Let the poor man rest in peace, guys!

I hope this list has been of service to the Hancock lawsuit. Gosh only knows we wouldn’t want Josh to reap the consequences of his poor choices.