Monday, June 6, 2011

Would this be a crime?

i feel there are many people considered a criminal when they shouldnt be... so, example...



if a person was driving and attempted to change lanes... the car behind speeds up (staying within legal speeds) and the two cars crash... killing the person in the car at the back...



would the driver of the car attempting to change lanes.. be charged for the manslaughter of the other driver??



im not sure how manslaughter works but i... would consider this to be an ';accident';... unanticipated by either driver... and it is unfair to call any of them... criminals??.... from a legal side would there be charges??...Would this be a crime?
Usually someone is at fault in any ';accident';--sometimes both are partially at fault. Criminal charges resulting from death in an accident requires more than mere negligence (which is what your scenario describes)--it requires recklessness, a much higher standard. Drunk drivers are reckless. People driving WAY over a safe speed are reckless.Would this be a crime?
you are so right. an yes there are going to charges but it should not be manslaughter. it should be more like rectless driving or something of that nature.
probably not, you would have witnesses on your side.

and if you werent drinking you wouldnt be charged
well, no its their fault, because for example if its on the moterway.



you have to stay a certain distance behind cars, and thats why you got different lanes, so if ur speeding up u go into the fast line and etc.
Even if a car accident results in death, neither driver should be charged unless it can be determined that one driver was operating his car in such a way that it lead to the accident and death. Driving 65 in a 55mph. zone would not normally result in charges, but driving 110mph in a 55mph zone could be considered reckless and dangerous. Driving on the wrong side of the road, drag racing, driving under the influence of alcohol/drugs could all be considered offenses that could lead to prosecution.



The scenario you describe doesn't seem like it would lead to criminal charges.
I would think not because the only thing the driver was trying to do was change lanes. As long as he did it with signals and in a safe manner. At the same time, it is his responsibility to make sure he had a clear lane to go into. The only crime I would think could be reckless endangerment or illegal lane change.
a very tricky one Barry. its normal for the driver at the back to see so much space and deciding to get ahead. and its a mistake on the side of the driver who attempted to change lanes if he did so without flashing the indicators. but hey, a crime is one which is committed knowing the consequences, so i would say that this is merely an accident and not a crime. and there shouldn't be any legal charges against either driver.
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