Driver Sues Teen She Killed In Accident : Sharlene Simon, Driver Who Struck And Killed Teen Cyclist Brandon Majewski, Sues Him For More Than $1 Million

Who's the real victim: the teen cyclist who was struck and killed in a crash or the motorist who accidentally took his life? That's a question the courts will now have to answer.

Driver who killed Brandon Majewski now suing dead boy's parents.

In the early hours of Oct. 28, 2012, Brandon Majewski, 17, and his 16-year-old friends Richard McLean and Jake Roberts were riding their bikes home after grabbing a bite to eat. Riding abreast on a two-lane rural road in Innisfil, Ontario, the trio werestruck from behind by a black Kia Sorrento driven by Sharlene Simon, News.com.aureported.

Majewski was pronounced dead two hours later at a local hospital. McLean spent weeks in the hospital recovering from broken bones, including a broken pelvis. Roberts was not seriously hurt.

Simon, 42, who was driving about 55 mph in a 50 mph zone, was not charged with fault in the accident. Police said intoxication was not suspected as a contributing factor either.

According to the National Post, investigators concluded that the “lack of visibility” of the cyclists “was the largest contributing factor,” and that on a dark overcast night, Simon "did not see the cyclists on the roadway and was unable to make an evasive reaction."

A terrible event for all involved, no doubt.Then last December, Simon filed a $1.35-million lawsuit against Majewski's estate, and against the other two bicyclists, for "great pain and suffering." Simon claims she has suffered from depression, anxiety, irritability and post-traumatic stress, and that the "enjoyment of life has been irretrievably lessened" since the accident. more