There's a story in my newspaper today about a man who rolled in front of a semi truck, was hit and killed. His friends say he was suffering from depression and suicide was the likely motive.
I've always wondered if the person who is driving the vehicle that a suicidal person decides to leap in front of can be sued or held liable for any crimes -- like manslaughter, for example.
2007-10-25 03:31:26 · 6 answers · asked by Jeff 3 in Politics & Government ➔ Law & Ethics
I don't see how, unless the guy rolled out on the street ahead of the vehicle for him to stop, and he didn't.
Neither driver's actions nor inactions caused the man's death, and he was powerless to prevent it.
2007-10-25 03:36:15 · answer #1 · answered by BDZot 6 · 0⤊ 0⤋
Since the man who jumped in front of the vehicle was not in his right senses, the driver cannot be really sued, in principle. The only problem is the burden of proof on the part of the driver's counsel to prove that the man who was killed was really not in his right senses. The only way to establish the truth is to get the testimonies of his friends and family members. As far as the driver is concerned, as long as he is not drunk and violated any traffic situation that can complicate his precarious situation, then I guess, he can be let off the hook. It just needs to be established well.
2007-10-25 03:40:20 · answer #2 · answered by archangel 3 · 0⤊ 0⤋
No they could not, one thing that is required in order for there to be a crime is Mens Rea, the mental intent, however if the driver were speeding or talking on a cell phone they could be charged with negligent homicide but normally there would be no charges against the driver of a vehicle in those circumstances.
2007-10-25 03:39:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Typically no assuming it was an accident. However other factors the police would consider would be the actions of the driver, i.e. did they attempt to stop? were they speeding? was the driver under the influence of drugs or alcohol, if so what type and what is was thier B.A.C. level?
However if it was just an accident, the driver would probably just recievce a traffic citation depending on the circumstances.
2007-10-25 03:38:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Certainly possible depends if it would stand up in court. But I hear in new york if a public transportation bus gets in any kind of accident at all they get like 200 claims of alledged people riding the bus at the time, worse still is they actually get paid out.
2007-10-25 03:38:23 · answer #5 · answered by vladoviking 5 · 0⤊ 0⤋
No. From the driver's standpoint, it is an unavoidable accident.
2007-10-25 03:39:12 · answer #6 · answered by regerugged 7 · 0⤊ 0⤋