Recently a young boy was killed as he slipped while jaywalking in the middle of the street and a car hit him. What if any charges could there be brought upon the driver who killed him. He was not drunk.
Thank you for any responses.
2006-11-16 08:36:03 · 13 answers · asked by Mike M 1 in Politics & Government ➔ Law Enforcement & Police
Unless he had no license or speeding ,probably nothing.
2006-11-16 08:39:17 · answer #1 · answered by Fly Boy 4 · 0⤊ 0⤋
Are there independent witnesses to the incident? Is there any indication of negligence on the part of the driver: using a cell phone, distracted driving, under the influence of medications, emotionally disturbed? Regardless of whether or not he had a valid drivers license, the issue of whether he was competent to drive might be addressed: was he wearing his driving prescription glasses, was he not supposed to operate a vehicle under a medication, was he emotionally distraught over a recent breakup with a partner, etc...? Was his car in proper repair? What were the road and climate conditions: rainy, nighttime, snow, clear and dry? Note that driving under the speed limit but too fast during a snow storm is still a display of unsafe speed.
Was there foilage blocking a clear view of the sidewalk that the city should have trimmed back? Did he know the victim: were there prior incidents between the two, would he benefit from the death of the victim, did the victim display threatening behavour to the oncoming car (waving a gun, etc...)? So many questions and more that can be variables and factors in determining malice, negligence or nonculpability. This does NOT preclude civil liability of the driver even if criminal culpability is not contended or proven (remember OJ Simpson: not guilty murder, liable civilly for millions).
2006-11-16 09:10:08 · answer #2 · answered by William P 3 · 1⤊ 0⤋
How close was the car when the boy walked (or ran) out? Was the driver speeding or in some other way driving negligent? Was the driver DUI? There are a lot of variables, and I'm sure responding officers are asking these, and a whole lot of other, questions. It could go either way (driver is charged or not charged).
2006-11-16 08:42:31 · answer #3 · answered by LSF 3 · 0⤊ 0⤋
That is awful. I am sorry for everyone involved. I really don't see how any charges will be brought about. The only way this accident may have been prevented is if the boy had waited for his turn to cross the street. It is very sad that the driver will have to live with this horrible accident, and worse that a family has lost a child. God bless them all.
2006-11-16 08:49:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
there are diverse variables in contact in this question the only answer i will arise with is a distinctive possibly. Does the motive force be attentive to they have a medical situation that could reason seizures? Did the motive force be attentive to that circumstances have been suitable for a seizure and forget approximately concerning to the possibility? Does the motive force get an "air of secrecy" previous to seizures? if particular, Did they forget approximately concerning to the air of secrecy? (I knew somebody that could scent Beaverbrook only earlier a seizure, gave him adequate time to get in a secure place for the form.) Has the motive force ever had a seizure earlier the only they had jointly as driving? What approximately relatives history ... and blood kin that have a seizure ailment? finding on the solutions to those questions the suggestion helps the two the protection or the prosecution ... each and every case could nicely be diverse! jointly as one case could bring about a verdict of answerable for Manslaughter or negligent homicide, yet another case could bring about a verdict of no longer in charge and a medical disqualification from driving.
2016-12-30 13:34:10 · answer #5 · answered by planty 3 · 0⤊ 0⤋
It would depend on if the driver was breaking any laws and if by breaking those laws contributed to the death of the young boy.
Lets say he was speeding or illegally changing lanes, then it is possible.
Also, lets say the driver disregarded the boy in the road and kept driving. If the driver had a chance to avoid the accident by slowing down or changing lanes but chose not to, then it might be possible.
http://en.wikipedia.org/wiki/Manslaughter
2006-11-16 08:42:03 · answer #6 · answered by A.Mercer 7 · 0⤊ 0⤋
No charges could be brought against the driver because the boy was jaywalking. It may have been different if he was in a cross walk.
2006-11-16 08:39:48 · answer #7 · answered by wildbill05733 6 · 0⤊ 0⤋
Involuntary manslaughter is most likely what he would be charged with, If he was sober and not reckless driving... You'd be looking a a 1 year jail term, which would probably be dropped down to 2 years unsupervised probation...
2006-11-16 08:51:50 · answer #8 · answered by Kirk D 3 · 0⤊ 0⤋
It was not the driver's negligence he probably will not be guilty In some jurisdictions involuntary manslaughter could be charged. Even in this case the driver could be sued by the relatives.
2006-11-16 08:51:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Probably vehicular manslaughter, IF anything. Since it sort of sounds like it was the boy's fault I don't know if they'd even bring up charges. Either way the poor person that hit him won't go to prison. Maybe probation.
2006-11-16 08:39:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋
If the cops were having a bad day, they can make up just about anything. If the kid was in the street illegally, then there *probably* will not be anything done to the driver. Might not hurt to secure an attorney, just in case.
2006-11-16 08:50:50 · answer #11 · answered by Zombie 7 · 0⤊ 0⤋