View Full Version : Car accident - Who to blame?
2 lads drink at home. after a few drinks (2-3 pints) they jump in car and drive.
driver wears belt.
passenger doesnt.
passenger dies when car loses control and hits a tree.
driver is under arrest for causing his death.
who should hold ultimate blame?
driver for drink driving or passenger for knowing full well wat he is getting himself into and not wearing a seat belt??
The driver for drink/driving is ultimately responsable, there is NO excuse for dd.:rant:
The passenger maybe has to be partly to blame, he had no thought for his own safety, but who's to say the outcome would have been different had he belted up.
The driver would be responsible for both - drink driving, and not ensuring the safety of passengers in his car.
spiffymonkey 27-10-2004, 17:47 In law, the driver is responsible for the safety of passengers, any cargo and the roadworthyness of the vehicle.
The driver.
The passenger was stupid; but it was the driver who acted irresponsibly. It's also the driver's responsibilty by law to make sure that passengers are wearing their seatbelts.
That said it is stupid to not buckle up. It's shared responsibilty for the death, but ultimately it was the drunk driver who was at fault.
Similarly if the driver had hit a pedestrian instead of a tree then it would be the driver's fault for: a) Loosing control of his car, and b) Being drunk.
The passenger was just a passenger.
reading my highway code....
It is the drivers responsibilty for anyone under the age of 14. Otherwise it is the passenger's responsibilty for his/her seat belt.
Has this happened to some you know Vinny or is it a hypothetical situation?
In such a situation, it is likely that the driver would be charged with causing death by dangerous driving (depending on circumstances) and driving whilst over the prescribed limit. It would be up to the court to interpret the law and determine where the guilt lay.
I understand the law to be that a driver is responsible for the 'behaviour' of the passengers in the sense of their and others safety, but NOT responsible for whether passengers aged 14 or over wear seatbelts. I however insist that all passengers wear belts because the last thing I want is a loose passenger hitting me in the back of the head in an impact.
Originally posted by ptigga
Has this happened to some you know Vinny or is it a hypothetical situation?
Happened in sheffield in january on the a57 sheffield parkway to a very close friend of mine who now faces - causing death by dangerous driving.
i just know him personally so it seems so unfair that he should go down for it coz its not him at all. he just made one bad decision thats all.
but the law is the law so i am just thinking is it really justice that he should be imprisoned?? i mean he has thought of suicide and has completely distanced himself from his friends and social life and feels so much guilt. on top of that he cant drive coz of the fear and he cant work i mean he is totally messed up psychologically because it was his close friend who died after all.
just thought id share it on here to see what his chances are but its looks like theyre not good.
Originally posted by vinny
Happened in sheffield in january on the a57 sheffield parkway to a very close friend of mine who now faces - causing death by dangerous driving......
.....i mean he has thought of suicide and has completely distanced himself from his friends and social life and feels so much guilt. on top of that he cant drive coz of the fear and he cant work i mean he is totally messed up psychologically because it was his close friend who died after all.
just thought id share it on here to see what his chances are but its looks like theyre not good.
Might not end up with a custodial sentence http://www.sheffieldtoday.net/viewarticle2.aspx?ArticleID=877762&SectionID=58&Search=drink%20driving&Searchtype=any&SearchSection=58&DateFrom=011995&DateTo=102004&Page=1&ReturnPage=Results.aspx.
Originally posted by sccsux
Might not end up with a custodial sentence http://www.sheffieldtoday.net/viewarticle2.aspx?ArticleID=877762&SectionID=58&Search=drink%20driving&Searchtype=any&SearchSection=58&DateFrom=011995&DateTo=102004&Page=1&ReturnPage=Results.aspx.
one problem - my mates pleaded not guilty on advice from solicitors as his blood alcohol showed him to be under the limit (although prosecution reckon he was over at time of accident) and secondly there is no explanation for why the accident happened! so he faces a trial.
Originally posted by bigrods
The driver would be responsible for both - drink driving, and not ensuring the safety of passengers in his car.
The Driver for drink driving and the passenger for getting in a car with a driver that was also under the influence of alcohol...
But was it the drink that caused it... thats the real question!
Has the car been investigated?
As drink driving is totally illegal thats what could be put to blame in this tragic situation...
crowefan 29-10-2004, 08:10 I work on the spinal injury unit at the northern general, and see scores of stupid mistakes made by people which result in death and long term disability.
Its easy to put blame on people whether for injury to others ( which is easier to process) or injury to self. Ultimately you are responsible for what you do to self and others, and have to live with the consequences legal and health wise.
I constantly see the consequences of a moments thoughtlessness
RunningFree 29-10-2004, 08:14 Originally posted by vinny
2 lads drink at home. after a few drinks (2-3 pints) they jump in car and drive.
driver wears belt.
passenger doesnt.
passenger dies when car loses control and hits a tree.
driver is under arrest for causing his death.
who should hold ultimate blame?
driver for drink driving or passenger for knowing full well wat he is getting himself into and not wearing a seat belt??
Can I ask why you want to know this??? Has something happened like this in your life??
Deano1889 29-10-2004, 09:04 A little off topic but a good friend of mine died a couple of weeks back in a car accident.
The driver was his best friend and was doing 70mph when he hit a curb, the car spun around and flew (literally) backwards into a wall. My friend was in the back an was crushed to death under the impact. the two people in the front of the car escaped with only minor injuries.
The Driver has been arrested for death by dangerous driving and has been told he may well be looking at around 5 years inside..
Regards
Carl
70 mph? Wherabouts were they driving? Was it not on a motorway?
Deano1889 29-10-2004, 10:25 It was on a country lane on the outskirts of Huddersfield.
They were/are known for being boy racers.
basshedz2 29-10-2004, 11:50 Originally posted by vinny
one problem - my mates pleaded not guilty on advice from solicitors as his blood alcohol showed him to be under the limit (although prosecution reckon he was over at time of accident) and secondly there is no explanation for why the accident happened! so he faces a trial.
IANAL but if his blood alcohol level was under the limit when they tested, i would imagine it would be unlikely the prosecution could say that he was over the limit at the time of the accident - there is no way to prove that. That leaves the prosecution having to prove death by dangerous driving.
Dangerous driving refers to when a person drives a motor vehicle in a way that falls well below what is expected of a competent and careful driver.
(According to the BBC website - http://www.bbc.co.uk/crime/law/jargonbuster_d.shtml)
Again IANAL, but it cant be very easy to prove(?)
Originally posted by MarkB
Can I ask why you want to know this??? Has something happened like this in your life??
The reply to your question is within the thread...
Originally posted by basshedz2
IANAL but if his blood alcohol level was under the limit when they tested, i would imagine it would be unlikely the prosecution could say that he was over the limit at the time of the accident - there is no way to prove that. That leaves the prosecution having to prove death by dangerous driving.
Dangerous driving refers to when a person drives a motor vehicle in a way that falls well below what is expected of a competent and careful driver.
(According to the BBC website - http://www.bbc.co.uk/crime/law/jargonbuster_d.shtml)
Again IANAL, but it cant be very easy to prove(?)
Apparently the prosecution has carried out whats known as a back calculation to suggest that although the blood sample was below the limit based on this calculation it could be indicated that he was above at the time of the accident. this calculation, i am told is based on averages and assumptions but has been used in the past successfully. i cant help being sceptical of relying on a theory to guarentee a prosecution in the name of public interest. but thats just me.
Originally posted by Deano1889
The Driver has been arrested for death by dangerous driving and has been told he may well be looking at around 5 years inside..
Sounds a fair call as well. He was speeding and clearly not in control of the vehicle. It's lucky he didn't hit anyone else.
Originally posted by bigrods
The driver would be responsible for both - drink driving, and not ensuring the safety of passengers in his car.
Are you sure about that because if as a passenger you are pulled for not wearing a seatbelt, it is you that will receive the fine and not the driver.
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