I feel awful for everyone who was involved in this accident. But I was wondering if the driver who gave the fatal blow is also in danger of being charged of manslaughter.
2007-01-30 04:21:29 · 5 answers · asked by Tacymevol 5 in Politics & Government ➔ Law & Ethics
By not stating which state nor circumstances from which this event occurred...it's difficult to provide a GOOD answer.
However, IF the circumstances are essentially this:
Vehicle #1 (Normally the vehicle at fault)...
...In an accident causes an accident with Vehicle #2, which results are the unfortunate death of another, which I believe is what your eluding to....MAY be liable not just under civil law but MAY also be subject to what my own state would be called "Criminally Negligent Homicide."
This is where there is no "intent" in causing the death of another however because of circumstances DID cause the death of another.
The offense, though extremely unfortunate and very bad, is a Class "A" Misdemeanor in my state.
If there was the possibility of alcohol or drug influence, the charge is changed to that of "Vehicular Manslaughter" where, by virtue of being under the influence, there is, by law already "existing intent" and one could be convicted of this law which is a Felony offense!
I suggest you check with the laws of your own state and you should be able to find similar laws.
It's so sad that these events occur and hopefully people will learn to have more patience and drive safer upon our roadways!
Best wishes!
2007-01-30 04:39:46 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
No, because they didn't do anything wrong. It was determined that Brandy didn't stop in time, and causes the accident. The car then spun into another car, that in no reasonable way could have avoided it. If it is determined that your actions of unsafe driving caused an accident, you can be charged.
In reality, Brandy made a mistake and will most likely get a fine. I feel that is the appropriate sentence since se wasn't negligent, just made a driving error.
2007-01-30 04:31:17 · answer #2 · answered by Take it from Toby 7 · 0⤊ 0⤋
No. Brandy caused the accident that took the person's life. The other car was caught up in subsequent unfolding of events. No fault there. What bothers me is that her mistake caused the death of an innocent person and they want to charge her with a misdemeanor. I have a client that was peacefully out for a walk in his neighborhood, happened to be innocently carrying a concealed weapon, and was apprehended by the police. He was cooperative in all respects, no previous record, and they want to throw a felony at him. Which is the worse? Driving error causing death or going for a walk minding your own business? This is just another example of how imperfect our justice system really is.
2007-01-30 04:38:19 · answer #3 · answered by rac 7 · 0⤊ 0⤋
.0.5 is below 0.5 of .08 In some states, if he grew to become into below 21, then he could be charged because of the fact that's prohibited to drink till now the age of 21 and unlawful to rigidity with a BAC greater effective than 0 whilst below 21. If he grew to become into a minimum of 21, then no. The minimum point to cost somebody who's a minimum of 21 with "driving together as ability impaired" or something comparable is many times 0.04.
2016-11-23 14:09:12 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Not if Brandy's vehicle is the one that caused the victim's vehicle to be hit by the other vehicle.
2007-01-30 04:38:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋