Should there be criminal penalties when a traffic accident results in a fatality ?

[Blanca BusaLess]

Just curious ?
I now am driving home every day and pass over the fluorescent pink paint on road outlining where this guy ran into a car that pulled in front of him killing him.
https://www.hayabusa.org/forum/gene...orcycle-fatality-close-my-home-yesterday.html

No charges to my knowledge were filed and driver of car went home that day.
In Florida you can pull in front of somebody killing them and if it's a genuine 'accident' no charges or penalties will be levied against you .

I'm just curious if y'all think that when an accident results in a fatality whether or not the person responsible should face criminal penalties ?
Just doesn't seem right that you can cause death on the road and face nothing other than a traffic violation ? If the driver is drunk or under the influence sure they are charged but what if the driver is stone cold sober just didn't see them and kills somebody ?

 

[Sous]

Re: Should there be criminal penalties when a traffic accident results in a fatality

That is a tough one, but I feel that if it was a genuine accident and the person at fault did not try to run, then no charges should be filed. If they try to run, are drunk or high, then throw the book at them. Now though, you have to take into consideration if they were eating, reading or talking on a cell phone.

This is a tough subject and people will see it in different light.

 

[Rainbow7]

Re: Should there be criminal penalties when a traffic accident results in a fatality

If it is indeed a genuine accident, how can anyone justify punishing the person who had the accident? That "eye for an eye" crap is what is keeping half of the world in a constant state of turmoil.

If the driver was drunk or on drugs, or was just a careless jerk, sure, let there be some penalties, but an accident is just an accident. (People who cut motorcyclists off generally fit into the "careless" category, and should have their licenses revoked for a loooong time.)

I used to have huuuuge arguments with my Union Representatives about this sort of thing; I took the view that we were in a dangerous industry and that fatalities, while unpleasant, were also unavoidable as long as there were human beings on the premises. They took the view that every death (3 deaths on 3 different sites over a 5 year period) was the direct result of the Company's willful disregard for safety, and was proof that Capitalists are evil. (Of course none of those deaths had anything to do with the legions of drunks/druggies/careless idiots the Union kept protecting...)

 

[Fastfrog007]

If it was me or someone I know, throw the book at, but if I were on the other side...... that's a very tough call to say the least

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[Blanca BusaLess]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I'm just thinking that if folks knew they may face 'involuntary manslaughter' or similar while driving they may pay more attn ?

 

[Rainbow7]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I'm just thinking that if folks knew they may face 'involuntary manslaughter' or similar while driving they may pay more attn ?

Good point...but then you'd end up with people being jailed because some irresponsible parent let their 2 year old run out onto the street and get hit by a car. - I think about that a lot, since there are soooo many dumbasses out there who let their kids get killed but won't ever accept a shred of responsibility for it.

 

[BlueHaya]

Re: Should there be criminal penalties when a traffic accident results in a fatality

it would have to be case by case.....to hard to throw a blanket over it

 

[Blanca BusaLess]

Re: Should there be criminal penalties when a traffic accident results in a fatality

it would have to be case by case.....to hard to throw a blanket over it

Ok , so make it on a case by case basis but still enact some sort of possible severe penalty ?

 

[PandaNin]

Re: Should there be criminal penalties when a traffic accident results in a fatality

What if it's truly an accident. You're going down road, run over a small piece of metal debris, your tire blows, a chunk of tire hits a bystander. Are you still responsible?

Accidents are accidents and will happen. There is no need for yet more legislative control.

 

[outlawbusa]

Re: Should there be criminal penalties when a traffic accident results in a fatality

We had a very bad accident about a mile away from us last night...I took back roads for about the last 10 miles home. Don't want to post the link or pictures on here.

"Two people are dead and four others are hurt after a tractor trailer accident" lease:

Big truck went across the median into oncoming traffic.

 

[MO-BUSA]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I'm just thinking that if folks knew they may face 'involuntary manslaughter' or similar while driving they may pay more attn ?

I am thinking the accidents will still happen, even if they know and even if they are more careful, its a tuff call i dont think i really know my answer to this one...

 

[jellyrug]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I believe each case should be evaluated, based on it's own merits.

In Don's case I believe the judgement was way too lenient. That was very sad.

If neglegence, under the influence, recklessness and those factors come into play, there should be criminal penalties.

 

[RussellJ]

What if it's truly an accident. You're going down road, run over a small piece of metal debris, your tire blows, a chunk of tire hits a bystander. Are you still responsible?

Accidents are accidents and will happen. There is no need for yet more legislative control.

+1 i agree.

It has to be case by case. There are "accidents" and real accidents. Cant punish a real accident. If the person has half a heart they should be punishing themselves with guilt

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[Blanca BusaLess]

Re: Should there be criminal penalties when a traffic accident results in a fatality

What if it's truly an accident. You're going down road, run over a small piece of metal debris, your tire blows, a chunk of tire hits a bystander. Are you still responsible?

Accidents are accidents and will happen. There is no need for yet more legislative control.

Case by case basis....
Your scenario no but turning in front of a biker and killing him I just dont see how they get to go home .

 

[RussellJ]

Case by case basis....
Your scenario no but turning in front of a biker and killing him I just dont see how they get to go home .

Those kinds of things should be charged with negligent homicide...

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[moloko]

Re: Should there be criminal penalties when a traffic accident results in a fatality

While accidents do happen... Turning out in front of a motorcycle is NOT an accident. You weren't paying attention, driving on autopilot and being negligent. You should be punished. DL revoked...in case of a fatality for 'life' maybe life as according to the prison system, what 20-25 years of no driving?

That goes for any type of right of way 'dumbass not paying attention' accident. Not checking your blind spot and running someone over or off the road or into oncoming traffic etc...

Maybe have a defined set of 'accidents' that are clearly the result of blatant negligence.

Should be able to check call logs on cells texts etc... not for content, but just for the time of the accident to verify if that was a contributing factor.

Drugs or alch involved... INSTANT jail.

An accident is sliding in the snow / ice in the winter... a mix up about who's turn it is at the 4 way stop etc... things that simply 'happen'

Case of kid running into the street unexpectedly... punish the parents (if it's a young kid not being properly watched after)

last week some kid darted out chasing a ball into the street. I saw the ball go bouncing into the street, saw the kid running after it and mashed the brakes.. had I not been paying attention and saw the kids playing a block away and slowed a bit, on the ready for something to happen that kid would have been a bumper ornament on my truck.

Early teens get themselves run over on their bicycle... well, case by case evaluation there I'd suppose.

Sorry, I guess I'm just sooooo sick of seeing, hearing and knowing people involved in accidents that could have been avoided if people would just simply pay attention to what they're doing while operating their vehicle!

 

[BlueHaya]

Re: Should there be criminal penalties when a traffic accident results in a fatality

I still wonder why there are "yield" left hand turns even allowed at an intersection.
They should all be turn signal only.
That would cut down on a lot of needless accidents. Except for the ones who still run a red light, but then, is that an accident?

I have started noticing yellow blinking left turn siganls on alot of lights now.

 

[Schexy1]

Re: Should there be criminal penalties when a traffic accident results in a fatality

Slipery Slope. What do you do if a person is left in a coma, paralized, looses a limb or has a permanant disability or disfigurement?

 

[Lycan]

Re: Should there be criminal penalties when a traffic accident results in a fatality

Wow another get nowhere thread...this conversation could go on for days and days and days...nothings gonna change all situations are different.

There's my thread killer...

 

[Blanca BusaLess]

Re: Should there be criminal penalties when a traffic accident results in a fatality

Wow another get nowhere thread...this conversation could go on for days and days and days...nothings gonna change all situations are different.

There's my thread killer...

I'm just tossing it out there Threadkiller
Curious what others have to say and yes it is a wide open discussion which will go nowhere