Join Date: Jun 2007
Location: Around here somewhere
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Originally Posted by modelmartin
Lost control after passing another car. That is poor vehicle and impulse control. I say charge him with negligent homicide.
That is the crux of the matter. Fences, concrete walls or armament even aren't going to change poor judgment and blind chance.
It's truly sad that this person had to die. In no way is it justified. Now it is time to deal with the legal ramifications.
You cannot legislate tragedy out of existence-it is caused by errors, misbehavior and just otherwise unforeseen and unexpected physical consequence. A fence or barriers may help but an out of control motor vehicle might still penetrate them easily. The proper course of action is to examine the actions of the vehicle operator and determine how their actions violated the law.
Negligence looks like a probable factor and I would think will factor in the investigation and litigation against the driver.
The problem is that NEGLIGENCE is not a sole factor in prosecution for vehicular homicide. The reasons for passing the other vehicle in that manner must be determined as well as anything the other driver did that contributed to the overall accident.
It may well be that the driver bring passed helped to create the accident, and then vehicular homicide/negligence may be diminished as a point of prosecution.
It's not a one-dimensional situation.
My disaffection is severely affected.