07-08-2015, 01:46 PM
(07-08-2015, 01:36 PM)Benton Wrote: If you punch a guy with a neurological condition you took a conscious action that resulted in a death (you punched him, he died). You didn't have to be aware of his condition to affect the outcome.
This isn't that. She didn't consciously or otherwise run him over. Unless there's more details than what's in the story, she wasn't driving distracted, at excessive speeds, under the influence or anything other than maybe having bad depth perception or not reacting quick enough to stop in time. In other words, it was an accident.
So, if you're walking down the street, accidentally trip and bump into a guy with a neurological condition and he dies, should you be charged? You did not take a conscious action, you didn't have outside conditions of your own choosing that led to it, it was just an accident.
It's not an accident when you hit a stationary object with a moving vehicle.
If you're operating a vehicle, pay attention. If you aren't paying attention for ANY reason, then it's 100% your fault and you should face the consequences of anything that happens as a result of your dumbass-ness.
If she wasn't reacting quick enough to stop in time, it's her fault. If you have "bad depth perception" then you shouldn't be allowed to operate a machine that weighs thousands of pounds capable of reaching high speeds.
This is pretty cut and dry. You don't hit a non-moving object if you're paying attention and are mentally capable of driving a car. Unless she hit a patch of ice in July, there's no legitimate excuse for this.